Eminent Domain

[feelip]

I have some friends that are dealing with an eminent domain case. I found it interesting as to how it actually works. There are laws that protect our rights. People have always said "they'll just condemn it and take it". What they are not being told is that there is a way to get your money for the property. Step number one: Get an attorney that specializes in eminent domain cases. I pulled this from an attorney's website:

 

 

Land Condemnation Cases:

Land condemnation or "Eminent Domain" is the power of the government to take private land for a public purpose, such for school construction, highway construction and airport expansion projects. The only real limitation on the power of eminent domain is the requirement that the project is a legitimate public purpose project.

 

The condemning authority must pay the condemned land owner an amount of money that represents the true fair market value of the property taken. Further, if only a portion of an owner's land is taken, the condemning authority must also pay the owner for the loss in value the remaining property will suffer because of the project. The measure of the value of land is not the use to which the property is being placed at the time of condemnation, but rather is the "highest and best use" of the property, regardless of the owner's actual use.

 

Unfortunately, the government often undervalues the properties it condemns and/or fails to consider the real highest and best use of the property. Therefore, most land condemnation cases require the use of professional property appraisers and other real estate professionals to determine the highest and best use of the property, the true value of the property taken and the true loss in value to any remaining property.

[Mrs G]

My land and property "IS MINE" (and hubbys), NO ONE should be able to take it, unless "I" want to sell it, plain and simple!!!!!!!!

[Cathyhelms]

My very first jury duty experience was actually the condemnation cases against the state for property that was taken to put in the 4 lane (278). I actually sat on two different cases. While the state is generally in compliance with the fair market value of property they condemn, they had some "value losses" on adjoining property that owners felt they would not be rightly compensated for.

 

It was interesting, to say the least but I always say if you need a roof - hire a roofer, if you need a floor - hire a flooring contractor, if you need an attorney to represent you for a condemnation case - hire one that specializes in that field. It will be $ well spent.

[lotstodo]

Unfortunately, in many cases the government will simply eat you up in motions and delays and the increased atty's fees until you give in. I agree that you need an expert on your side if you think that you aren't being treated fairly.

[feelip]

My very first jury duty experience was actually the condemnation cases against the state for property that was taken to put in the 4 lane (278). I actually sat on two different cases. While the state is generally in compliance with the fair market value of property they condemn, they had some "value losses" on adjoining property that owners felt they would not be rightly compensated for.

 

It was interesting, to say the least but I always say if you need a roof - hire a roofer, if you need a floor - hire a flooring contractor, if you need an attorney to represent you for a condemnation case - hire one that specializes in that field. It will be $ well spent.

 

 

So I'm guessing they didn't hire a lawyer and they lost? The average Joe doesn't have a clue how to establish values. Weird.

[feelip]

Unfortunately, in many cases the government will simply eat you up in motions and delays and the increased atty's fees until you give in. I agree that you need an expert on your side if you think that you aren't being treated fairly.

 

 

Most eminent domain attorneys work on a percentage of the amount they are able to get the owner. You are paid the original offer when the government files for condemnation.

 

Too many people believe the old wives tales that have been falsley spread (probably by the government officials) and are afraid to fight them for what is theirs.

 

There is also a very precise process to determine loss of value. The laws are in place, people just need to start using them.

[mei lan]

You bet your bippy you need a good attorney for something like this. I'm a pragmatic sort in situations like this, so I wouldn't cut off my nose to spite my face (i.e., spend $800,000 to avoid losing a family home on 20 acres or some such and lose anyway), but I would make sure I did everything possible to see that compensation was correct both for the land and for the loss of use of remaining land.

 

RE: Kelo eminent domain case - you remember this Supreme Court ruling (a travesty, IMHO) about the folks in CT who lost their land to some company or other who just HAD to build on that site? Well, the company is shuttering the facility after a couple of years being open due to the economy.

[Cathyhelms]

So I'm guessing they didn't hire a lawyer and they lost? The average Joe doesn't have a clue how to establish values. Weird.

 

Some did and some didn't.

[Mrs G]

What about those who have been on their land for years and years (30+) and don't have the money to hire an attorney??? They don't want to be uprooted from where they had lived almost all of their lives, and they shouldn't have to, either!!! Here's one good instance.......... Pops has lived in this house for 30 or 40 yrs, he's half blind, he "knows" the layout of the house, he can maneuver around the house with ease and without the help of family members. He is forced to leave his home and takes up residence elsewhere, he is lost, he can't maneuver and get around, like he use to. What then??? Money can't buy everything!!!.

 

eta: I see the comment on the attorney. When I started this entry, there were only 4 posts, I'm a slow poke at times.

[ree]

We were one of the homes that were taken for 278. Oh they offered us a fair trade, swamp land, so we took the buy out. We were young and had no money to fight.

[Cathyhelms]

We were one of the homes that were taken for 278. Oh they offered us a fair trade, swamp land, so we took the buy out. We were young and had no money to fight.

 

That's how most folks ended up settling, they just took what was offered. Those that took it to court usually could afford attorney's fees. I'm sorry you had to go through that.

[feelip]

That's how most folks ended up settling, they just took what was offered. Those that took it to court usually could afford attorney's fees. I'm sorry you had to go through that.

 

 

That's what I want everyone to know. YOU DON'T HAVE TO AFFORD ATTORNEY FEES. There are a ton of eminent domain attorneys that work from a percentage of what they get you above the original offer. They don't get paid unless they actually get you something.

 

Here's the kicker. You get your original offer when the property is condemned (shortly thereafter). If you don't hire an attorney you are leaving a lot of money laying on the table.

 

The government has done a good job of confusing citizens, no, let's call it what it is; they have intimidated citizens into believing they have no rights.

 

Never fold to a government entity. We are protected by a constitution.

[surepip]

And then there are cases like ours, where the government turns a blind eye while the developer simply ignores the survey steaks and TAKES a couple of feet of land because they had already committed to the sewer pipe designs. What's a couple of feet of property ? And the insult to injury is we are paying taxes on the first couple of feet of land across the street, as well as the entire street!

'

[Cathyhelms]

That's what I want everyone to know. YOU DON'T HAVE TO AFFORD ATTORNEY FEES. There are a ton of eminent domain attorneys that work from a percentage of what they get you above the original offer. They don't get paid unless they actually get you something.

 

Here's the kicker. You get your original offer when the property is condemned (shortly thereafter). If you don't hire an attorney you are leaving a lot of money laying on the table.

 

The government has done a good job of confusing citizens, no, let's call it what it is; they have intimidated citizens into believing they have no rights.

 

Never fold to a government entity. We are protected by a constitution.

 

Just be careful, remember where that government money comes from. Fair is fair but frivolous lawsuits cost everyone a LOT of money.

[shannonsolomon]

all the eminent domain crap always reminds me of a book Stephen King wrote years ago called "Roadwork" where he blows everything up. great book.

[feelip]

Just be careful, remember where that government money comes from. Fair is fair but frivolous lawsuits cost everyone a LOT of money.

 

 

Has nothing to do with me personally but there is nothing frivolous about it. There is an exact procedure to determine the value of the property.

[Cathyhelms]

Has nothing to do with me personally but there is nothing frivolous about it. There is an exact procedure to determine the value of the property.

 

I understand that, but everyone needs to understand how they go about determining the fair market value of their property. An appraiser can do that, you don't necessarily need an attorney.

[feelip]

I understand that, but everyone needs to understand how they go about determining the fair market value of their property. An appraiser can do that, you don't necessarily need an attorney.

 

 

That's only partly correct. An appraiser is not capable of determining loss of potential value of any remaining property. This requires hiring an engineer to draw up a use plan for the property before and after the condemnation or taking. The difference in the two values is the actual loss of value.

[Georgia Dawg]

I guess you really need to have an idea of what your property is worth before fighting the government. For example, if they were going to pay you $60K for something you thought was worth $100K then by the time the attorney takes his 3rd you might end up with $66K if the attroney can convince them the property was worth what you thought it was.

[Cathyhelms]

I guess you really need to have an idea of what your property is worth before fighting the government. For example, if they were going to pay you $60K for something you thought was worth $100K then by the time the attorney takes his 3rd you might end up with $66K if the attroney can convince them the property was worth what you thought it was.

 

I agree with this statement. Remember you end up paying one way or another. Taxes pay the government's attorneys, you pay yours. Aren't they the one's that actually win in the long run??

[feelip]

I agree with this statement. Remember you end up paying one way or another. Taxes pay the government's attorneys, you pay yours. Aren't they the one's that actually win in the long run??

 

 

The losers are the people that settle and leave large sums of money laying on the table. I started this thread as a public awareness tip but I can see the government has done a good job of instilling their fear tactics.

[R. U. Serious?]

Don't forget that Plantation Pipeline is coming through in a year or two and taking 20 feet of your back yard or pasture.

[surepip]

I guess you really need to have an idea of what your property is worth before fighting the government. For example, if they were going to pay you $60K for something you thought was worth $100K then by the time the attorney takes his 3rd you might end up with $66K if the attroney can convince them the property was worth what you thought it was.

 

That is IF you can find a good attorney who will take the case on a contingency fee.

 

For us, it was a matter of the BOC and Community Development just turned a blind eye while the developer simply TOOK our land. Insult to injury is we are paying taxes on the property the entire new road sits on, plus the first couple of feet of front yards across the street. We have an 1/8th of an acre less than we had before. Not a huge amount, but that, and half a dozen other issues are the basis for our suits.

 

The litigation to date, more than 4 years, has not been over what was or is right or wrong, but instead tying us up with manuevering and tactics to keep us out of the courtroom, using their bottomless checkbook to do so.