A court can find that the State of Connecticut, when it decided to take property via eminent domain, did not correctly assess the fair market value. In October 2012, the state decided to take the defendant's property via eminent domain and filed an assessment of damages in the amount of $211,500. The defendant appealed and argued that the fair market value of his property was $326,000. Both parties claimed that a property in Meriden was comparable to the subject property. The Meriden property was built with brick and has a three-car garage. It was sold in January 2012 for $275,000. Both parties made adjustments to account for differences between the subject property, which apparently lacked a three-car garage, and the Meriden property. The court found that the fair market value of the subject property was $290,000.

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