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?
I was involved in buying public works property in a large western state for a number of years and currently work in the same capacity for a large Texas city. In both cases the process worked/works like this (once the project need has been established and plans/specs have been drawn up): First we send out a notice to the property owners that their property is going to be affected by the project. In that letter (send by both certified and regular mail) we inform them that they will be contacted by an appraiser and given the opportunity to accompany the appraiser when he visits the property. Once we have the appraisal we will then call the owner and set a time to present our offer. Our first contact is NEVER a phone call (paper trail, you know).
Make sure that whoever contacts you has the legal right to implement eminent domain, should the negotiations get to that point. If it is not a government entity, I would be wary.
If this is legit, chances are you can’t stop it, but you can possibly get them to pay more. They should present you with an appraisal. If the numbers seem off, hire your own - or at least get an appraiser to review it for you.
Good luck.....
What state are you in and what is the project? Is it for power line right of way?
Claim you are a minority and that they are unfairly discriminating against you.
Appraisers have a couple of methods of valuing property. Make sure you get the highest valuation from an appraiser licensed for commercial property. My priority would be looking for an appraiser that you can work with.
~~~~~~~~~~
This is where I will get fcked. I don’t care what the property is worth. What I care is that I have another place with the same capabilities and the same property tax rate. And that is going to be quite impossible as far as I can see. I have a pull through shop with overhead hoists that are capable of unloading a semi truck flatbed. I have 440V 3phase power. I have a scrap yard that doesn’t bother any neighbors because I don’t have any neighbors. I am in close proximity to my suppliers. My property value and taxes are low for the capabilities I have.
My requirements are such that there is no way for them to relocate me without totally screwing me over. If I don’t get a very generous evaluation, I will be put out of business.
see post 32 and 59
You wouldn’t even have to acknowledge that you received a phone call.
"Care to post the notice with your name and parcel number redacted?"
Did you actually read his posts? He said he got a phone call, not a mailed notice. Kinda hard to redact a name and parcel number from a phone call.
Many FReepers have expressed concerns that he is being scammed, as there should have been a definite paper trail involved in something like this. They have offered helpful advice on how to proceed. Only one FReeper has accused him of being a troll.
What you need is an appraisal that shows the value of your business if you were to put it up for sale. I don’t know the laws in your state, but in WV it is almost imppossible within current law to get a permit from the state to open a new scrap yard. Thus the value of existing ones that were grandfathered in should be valued accordingly.
In your case the appraisal should include all compliance costs associated with relocating in a suitable area.
If you can’t relocate your business and are being put out of business, then you should go after a settlement that includes payment for all of your future profits brought forward on a present day basis. With interest rates as low as they are now, the adjustment should be minor.
In a sense you can look at it as winning a lottery except you have some input on the payout.
The phone number prefix is consistent with city office phone numbers.
He was supposedly told of a project instigating eminent domain on his property and his neighbors:
Therefore he should be able to name the project, state, county and city if applicable - WITHOUT REVEALING HIMSELF PERSONALLY.
But he refuses to do so...
He claims it involves neighbors as well - somehow he knows but doesn’t have a copy of their official notices? I’ve met targets of eminent domain - and believe me - copies of notices get distributed around neighborhoods pretty damn quick because EVERYONE nearby worries even if THEY are not specifically targetted.
...yet he can’t come up with a document with personal names and parcel numbers redacted.
Instead you only have his word on a phone call...
Troll...
=8-)
Thanks for the info on your situation, but shell out the bucks and GET A LAWYER even if only for a consultation and initial investigation.
why the hell would I have a copy of someone else’s notices? You dingbat, this is commercial property. Only 3 properties involved and we are all gated...as in chain link fences and locked gates. You don’t just walk up to the front door and ring the bell and TADA, here comes the owner. Not even likely the owner is even on the premises. I talked to ONE owner and only because he happened to be driving by and he knew who I was and introduced himself. I didn’t have the slightest idea who he was. Which, btw, his business has been deserted for the last 5-10 days. Seems to me he’s decided to fold up and move on. I already told you the project is storm water and/or sewage related. I don’t know the name of the project and i’m sure as hell not giving out personal info to the likes of you. Not even location. You don’t need to know.
Correct. And I am willing to take him at his word. You, on the other hand, can't bring yourself to do so. Assuming you are married, do you ask your spouse to submit to a polygraph when you are told "I just went to the mall"?
Must be hell living in your world.
Never aked for personal information.
=8-)
Nice strawman and sleight of hand.
=8-)
"Norman, the loons, THE LOONS!"
I think you have crossed paths with one.
No, you cannot be forced to sell. Eminent domain is not really a sale either. The entity with eminent domain power takes title to your property either with your consent or by court order, and compensates you. You can then be evicted if you don’t vacate the property as ordered by the court. Once you are compensated and title is passed, you are a ‘tenant at will’. The process usually takes several years.
Your distrust will serve you well. Be proactive. Call your local planning department and ask if any projects have been approved or are in process in your location. If someone calls you again, get their name and number and check them out. If they don’t check out, give the information to your Attorney General office.
The compensation is negotiable, and can involve a court battle, similar to a lawsuit. I’m sure there is a wealth of information available on the net, good luck.
You haven't been here for 60 days and you are already a self-appointed thread policeman.
" In Internet slang, a troll is someone who posts inflammatory, extraneous, or off-topic messages in an online community, such as an online discussion forum, chat room, or blog, with the primary intent of provoking other users into a desired emotional response[1] or of otherwise disrupting normal on-topic discussion...."
According to this definition, it would appear that you are the troll.
Never said I was a thread policeman - people make a claim without providing enough to show basis in reality - gonna call ‘em on it.
Folks try to post fiction as fact - as often occurs with stories that turn out to be hoaxes - gonna call ‘em on it.
Don’t need to be a self-appointed thread policeman to do that.
=8-)
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