Eminent Domain (long post)

E.D. is a necessary evil. Just imagine how much everyone's taxes would have to increase if everyone got 10 times market value for their property.

But there have been cases when that has happened. It's very uncommon for anyone to get less than true market value, and typical for people to get more than what their property is worth.

__________________
Society has gotten to the point where everybody has a right, but nobody has a responsibility.

We are closing on a nice 5 acre plot with pond pole barn ect.
There are still some hoops to jump thru to get it but we are on the way.

I plan on taking all the trees and berries with me.
The dozer will kill them for sure.

While this has been very hard on us. We can see the silver lining.
Financially we are going to come out so far ahead.

Maybe after the wife retires in 8-10 years but E.D is everywhere.


They have been trying to sell off that property for some time.
They did indeed get a good price.
and when it come down to it, good for them.

It maybe a necessary evil. But in this case it could of been handled far better then it was.
There are sill people unsure of the status of their house.

I am all for the better of the whole but they have not even tried to convince us of why this neighborhood is better then the 8 other they looked at.

I am by no means a professor of law, but in cases of Eminent Domain, isn't a failure to notify a violation of due process? My understanding was that the due process clause in the 14th amendment of the U.S. constitution prohibits the arbitrary denial of life, liberty, and property.

I am naturally assuming that nobody on the City Council will be inconvenienced by the land grab and would not be surprised to find that some of them profited from it.

You may be 100% correct but like the fair market value.
What is the time frame for due process 10 days? 1 month?
They want us all out by Feb 22 2014 so there is still time to jerk us around.

I still don't understand how this was all a surprise.
Most times the newspapers or tvs cover city council meetings. At the very least, if newspapers don't cover the meetings, I would assume the paper would hear about the city council looking into 9 different properties to build the new gas fired electric plant at.
Upon hearing that their property is a potential site for an upcoming electric plant, most people would be up in arms.
For none of this to happen and for you to be given (or in your case you were supposed to be given a notice) just out of the blue and to be totally surprised this was happening - I just can't believe something like this would be legal.

I'm familiar with eminent domain in two ways.

Back in the 1960's an interstate was to be put through my Grandparent's property - pretty much dividing up right in the middle. Their driveway came from the side the interstate was to go through, so the State wrangled with my Grandparents to give them a "fair price" for the land being taken up by the interstate. At first the State didn't think it was a problem for my Grandparents to move their driveway to access their property from the other end of the property. They also think it was a problem for my Grandparent's farm to be split in the middle either. My grandfather wouldn't settle for their "fair price" because of the expense of having to put in a brand new driveway which ended up being 1/2 mile as well as loss of farm land. My Grandfather drug his feet, and the State finally saw he needed compensated for the driveway. I'm not sure if the State put in the driveway for him, or paid for it to be done, but it was done. When people drag their feet which holds up ground breaking of an Interstate, the State tends to throw more money your way so their problem "goes away".

My Dad had the same problem when the State wanted to widen a State road along his property. The State gave him an appraisal for the additional property they wanted. My Dad balked and appealed it based on two reasons. 1. For the low appraisal value of the land. 2. Destruction of trees and future loss of income on future logging. At first, the State didn't want to raise their price, but as my parents drug their feet along, the State finally realized they had to pay a higher price so their "problem" went away.

I understand Eminent Domain can eventually be done, but if many people drag their feet instead of signing the very first offer they receive, many times the State (or city in your case) would up their offer.

I would tend to think that the couple who sold their old, sold out business property had some help from the city council in seeing to it that they got "extra" help.

__________________
Michael W. Smith in North-West Pennsylvania

"Everything happens for a reason."

Once the machine is in motion, it seems as if nothing short of an act of Congress can stop it. I would take the money and run.

and you can not count on congress now days...

__________________
LIVE LIKE SOMEONE LEFT THE GATE OPEN

Michael W. Smith
The Fifth Amendment grants the federal government the right to exercise its power of eminent domain, and the due process clause of the Fourteenth Amendment makes the federal guarantee of just compensation applicable to the states. State governments derive the power to initiate condemnation proceedings from their state constitutions, except North Carolina, which gains its power through statute. The constitutional and statutory provisions require federal, state, and local governments and subdivisions of government to pay an owner for property taken for public use at the time the property is taken.

There is no provision for the City Hall to make any of the discussion open to the public. Its not a ballot item.
Not all decisions made are known about till AFTER they happen.
When all is said and done they give you a date to be out by.
If your not out they will move you out.

Yes we all were surprised
In the first property that was sold there was 10-15 Mon&Pop business renting space in it.
They were given 30 days to pack and move out.

E.D is just scary.

To exercise the power of eminent domain, the government must prove that the four elements set forth in the Fifth Amendment are present: (1) private property (2) must be taken (3) for public use (4) and with just compensation. These elements have been interpreted broadly.

Private Property The first element requires that the property taken be private. Private property includes land as well as fixtures, leases, options, stocks, and other items. The rifle that was used to kill President john f. kennedy was considered private property in an eminent domain proceeding.

Taking The second element refers to the taking of physical property, or a portion thereof, as well as the taking of property by reducing its value. Property value may be reduced because of noise, accessibility problems, or other agents. Dirt, timber, or rock appropriated from an individual's land for the construction of a highway is taken property for which the owner is entitled to compensation. In general, compensation must be paid when a restriction on the use of property is so extensive that it is tantamount to confiscation of the property.

Public Use The third element, public use, requires that the property taken be used to benefit the public rather than specific individuals. Whether a particular use is considered public is ordinarily a question to be determined by the courts. However, if the legislature has made a declaration about a specific public use, the courts will defer to legislative intent (Hawaii Housing Authority v. Midkiff, 467 U.S. 229, 104 S. Ct. 2321, 81 L. Ed. 2d 186 [1984]). Further, "[t]he legislature may determine what private property is needed for public purpose … but when the taking has been ordered, then the question of compensation is judicial" (Monongahela Navigation Co. v. United States, 148 U.S. 312, 13 S. Ct. 622, 37 L. Ed. 463 [1893]).

Just Compensation The last element set forth in the Fifth Amendment mandates that the amount of compensation awarded when property is seized or damaged through condemnation must be fair to the public as well as to the property owner (Searl v. School District No. 2 of Lake County, 133 U.S. 553, 10 S. Ct. 374, 33 L. Ed. 740 [1890]). Because no precise formula for determining it exists, just compensation is the subject of frequent litigation.

Have to be a bit vague here, as this story is a current event. My son was reviewing an ongoing earthmoving project at a local church, with a very elderly church leader. Junior had two concerns. first the safety of the old guy who really didn't think that getting squashed by a D8 was much to worry about, as he strolled the site. The other was being very careful of staying clear of the "ancient burial ground". When asked for details, the old guy chuckled and said that that particular patch of holy ground was something "created" much earlier in his career. It seems that the state was about to file the E.D notice, in order to split the church grounds in half with a new highway. LOL.....
One "ancient burial ground" later, and the state changed plans.

OMG all that knowledge has made my head swim!!! (I sure hope no one ever sees a benefit into taking my home! I doubt I would understand it and I would be so emotional I wouldn't even be able to think.)

__________________
I am what I am! Acknowledging this is the beginning; and my growth is yet to end. http://motdaugrnds.com/farmsales ~~~~~ http://motdaugrnds.com