9 Things to Do After You Receive a Notice of Intent to Acquire Your Property
Receiving a Notice of Intent to Acquire from a municipality or public agency means your property is being considered for a public project such as a road improvement, drainage facility, trail, or utility installation.
While the notice can feel alarming, it is important to understand that this is the beginning of a defined process, not the end of your options. What you do early—often in the first few weeks—can affect how clearly impacts are identified and how well decisions are informed.
Below are 9 practical steps Colorado property owners should take after receiving a Notice of Intent to Acquire (NOI).
This article is for educational purposes only and should not be considered legal advice.
1) Read the notice carefully and start a project file
Do not ignore the notice
Note deadlines, meeting dates, and project numbers
Save all correspondence (emails, letters, enclosures)
Create a dedicated folder for documents and notes
Agencies begin assembling their acquisition file immediately. You should do the same.
2) Understand the timeline and act early
Most Colorado NOIs establish a defined timeline—often around 90 days from the date of the letter—for delivery of a property owner appraisal or appraisal information.
That timeline moves faster than many owners expect once you factor in:
Property inspections
Review of plans and impacts
Market research and analysis
Coordination with legal counsel
It is a good idea to ask the land agent or representative for the condemning authority for the specific date when property information and an independent appraisal must be delivered.
3) Contact an appraiser early—even if you’re unsure what you need
You do not need to decide immediately whether to commission a full appraisal. However, early contact with a qualified eminent domain appraiser can help you:
Understand what information will be needed
Identify potential issues early (easements, access, restoration, remainder impacts)
Avoid timing problems later in the process
Early consultation improves clarity and preserves options. A practical reality: Appraisers who regularly work in eminent domain often have full workloads. Waiting too long to make contact can limit availability and reduce your ability to present well-supported valuation information within required timeframes.
4) Consider an independent appraisal
An independent appraisal can help clarify:
The value of the rights being acquired
Whether remainder impacts exist
Whether the agency’s analysis is complete and well supported
In Colorado, when the value of the acquisition exceeds certain thresholds (commonly cited as $5,000), statutes generally require the condemning authority to pay the property owner’s reasonable appraisal fees, subject to the specific facts and governing law.
Do not assume valuation support is necessarily a large out-of-pocket expense.
5) Identify exactly what the agency wants to acquire
“Acquisition” does not always mean the agency is buying your entire property. Common acquisition types include:
Fee title / right-of-way acquisition: The agency purchases ownership of the land it needs.
Permanent easements: You retain ownership, but the agency gains long-term rights for a specific purpose (such as drainage, utilities, slope, or trails).
Temporary construction easements: The agency uses part of the property during construction for a limited period, after which the easement expires and the area is typically restored.
Access-related changes: The project may modify driveways or circulation.
Request a map or exhibit showing exactly what rights are being acquired.
6) Request project plans, even if they are preliminary
You cannot evaluate impacts without understanding the project.
Ask for:
Cross sections and typical sections
Drainage plans
Construction phasing and schedule
Traffic control plans
Proposed changes to grades, driveways, parking, signage, landscaping, or walls
The most meaningful impacts are often tied to design details—not just land area.
7) Document the current condition of your property
Create a baseline record before survey or construction activity begins.
Photograph and video the property
Capture landscaping, fencing, irrigation, signage, drainage, and access
Document parking, circulation, or operational features
This documentation can be critical if questions arise later.
8) Be aware of incentive payments and deadlines
Some agencies offer incentive or administrative settlement payments tied to:
Signing within a certain timeframe
Providing information by a deadline
Avoiding escalation in the process
Incentives should be evaluated carefully and in context—not viewed in isolation. Early engagement of an appraiser can help to determine if acceptance of an offer with an incentive payment on a shortened timeframe is in your best interest.
9) Focus on how the project affects what remains
Owners often focus on how much land is being taken. The more important question is often how the project affects use, utility, and market perception of the remainder, or the property that remains after the taking.
Common residential considerations
Driveway changes or grade impacts
Loss of landscaping, fencing, or privacy
Drainage changes
Increased proximity to traffic
Common commercial and income-property considerations
Parking loss or reconfiguration
Visibility or signage impacts
Circulation and access functionality
Operational constraints
These issues may—or may not—translate into compensable impacts. They should be evaluated objectively.
Understanding the “Part Taken,” Damages, and Special Benefits
In a partial acquisition, compensation may include:
The Part Taken
The value of the property rights acquired (land ownership, permanent easements, or temporary easements).
Damages to the Remainder (if any)
A measurable reduction in market value to what remains, if recognized by the market.
Important note on access:
Properties generally have a right of access to the roadway system, but not to any particular level of convenience, traffic flow, or turning movement. Not all access changes are compensable. Whether an access impact results in damages depends on the specific facts and applicable law.
Special Benefits (if any)
In some cases, a project may create a property-specific benefit not shared generally by surrounding properties.
Practical point: The size of the acquisition does not always indicate the overall impact to a property. Early evaluation helps distinguish meaningful issues from non-issues.
Final Thought: Get Informed Early
Most property owners focus on the first offer. Better outcomes usually come from early organization and informed decision-making:
Understand the project and timeline
Document existing conditions
Engage valuation professionals early
Consult an experienced eminent domain attorney early, not to escalate, but to understand procedure, deadlines, and rights
Early legal and valuation guidance often helps owners avoid preventable mistakes and navigate the process with clarity and confidence.
If you’ve received a Notice of Intent to Acquire, treat it as the start of a process, and start building your record now. If you would like independent valuation guidance, please contact us to discuss your property and proposed acquisition.