Skip to comments.EMINENT DOMAIN
Posted on 01/11/2011 8:45:38 AM PST by mamelukesabre
I just received a phone call from a government official telling me they are taking my property for a public works project and I have until 2012 to hand it over. Naturally they must buy it, but I don't want to sell. Does anyone have experience fighting eminent domain? Is it possible to fight it?
What kind of “public works” project is it?
Good luck. If they want it, they will take it.
I have personal experience. There is not much you can do.
My advice to you:
1. Hold out as long as you can.
2. Get more out of the land they want.
3 They will work with you if they think you are willing to sell.
They can legally deed your land to the state or rezone that land and take it from you.
That’s all I know. I hope it goes well.
These things are pretty tough for an individual to fight. It helps some if there are other affected property owners who can band together and make a lot of noise.
Elsewise, stock up on Vaseline.
More info, please.
What is the public works project? What state? What type of property?....
Depends on what it is they want to build.
If you have caller ID on your phone and still have the phone number, you might want to spend the time to track that phone number down to see who actually called you.
It does seem like you would get some kind of notification by registered mail or something.
If you are talking about a large property, you should get an attorney who is experienced in eminent domain issues. I’ve been through this.
If the issue is small, you might be able to handle it yourself. An attorney will take a percentage of the savings that he creates over and above what you could get on your own. In other words, let’s say you were able to bet $500,000 for your property that is taken. If the attorney can get $750,000, he would take a percentage of the $250,000 difference.
If your property is really small, then you might just pay an attorney for a couple hours of time. The attorney will be able to tell you if the govt can take your property or not.
The property is commercial property consisting of:
a shop with two overhead hoists and various equipment
couple storage sheds
small scrap yard(fenced in)
The public works project appears to be a sewage treatment plant but I’m not 100% on that. Something related to sewers.
Besides getting a good attorney, it is just as important to get a good appraiser. Your attorney will be able to recommend one.
To repeat: Treat everyone who calls you as a potential thief. They might be the most honest person in the world, but unless you can verify who you are talking to, never give out any information, not even for ‘verification purposes.’ Ask who they are, a number you can reach them at, and if you can reach them as well through the company’s 800 number that YOU look up.
Is that they're calling Pfizer production plants now?
Unless you are trolling:
More info...state, county, project description.
Notices typically come in mail.
No formal letter or notice? How do you even know who it’s really from?
After Kelo, it doesn’t matter - you’re out of luck. They can even take it over to hand it off to another PRIVATE party.
Make the best deal you can, and vote for senators and presidents who will appoint real jurists to the bench.
Secondly, sewage treatment or water treatment plants are usually overseen by water boards or water districts which may or may not have the actual powers of eminent domain. They may wave that sign around (and use a phone call, since you've no way of proving they actually called you) in hopes you'd sell out to them easily.
Or it could simply be a shyster realtor who is trying to quickly nab a piece of property to buy cheap and sell dear to the water board.
Details such as county, state could probably help the discussion here, as I'm sure there's more than a couple Freepers who wouldn't mind looking up the eminent domain laws in your area.
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