Eminant Domain

[CamColt]

I dont even know if Im spelling this right, but has anyone had experience with their house being taken by their city or town. We live in a city where 2 major highways intersect. Obviously traffic is a nightmare in that area. They are currently proposing some new plans to redo the whole interchange. Originally it was supposed to be in the same area which it is now, right on the line of another town, but the revised plan has moved it south, more into our town. From the diagrams in the paper last night which werent very clear at all, I thought we were pretty safe, but this morning I was talking to a neighbor who got a call from our state representatives office informing her, that our neighborhood is in danger. I really dont think we are, but now I keep thinking WHAT IF? This is our dream house and I cant imagine moving. When I saw this house being built I said to DH "OMG look, this is everything we want", and we were thrilled when we got it.
Has anyone ever had this happen to them and how did it go?

 

[tiggerlover]

I never had a house taken by eminent domain, however I lived in a community where a whole neighborhood was taken over by eminent domain. Pfizer was coming to town and decided that they needed a certain area and that is where it all began. It was very sad and the saddest part is I worked for a company that was partially responsible for ousting people from their homes, it made me sick. It was front page news in the community for a long time. Some people fought the city, one person in particular was in their "dream home", and fought for a long time. I remember all the houses around this house were ripped down and these people were still fighting. I am not sure how it ended up because I moved, but I do remember how sad it all was. I personally don't feel anyone should have the right to take your home.

I hope and pray this is not the case with your dream home. {{HUGS}}

 

[Disney Doll]

My DH's first childhood home got taken by eminent domain so they coud put a highway through the area. I think the state pays you fair market value for the house.

 

[CRB#33]

They must compensate you fairly if they seize your home or any part of your land. They may also seize it before a decision is agreed upon to your fair compensation.

Show up at every town meeting they have on this issue. Get complete information from every company, agency, lawyer, appraiser and government body you can. Start gathering information on the current appraised value of your home. Know how much the land is worth. And keep this information up to date through the process. It will be an expense, but get several appraisals. On your own, find out what other homes that are comparable to yours, are selling for in the area. This way you can get any idea if your appraisers are on the ball.

You must remain completely informed so that if it comes down to you losing your home, you will know how much you should receive. If this is not offered to you, you can submit your case to the Board of Views in your county/state, and after a hearing (trial), this board will decide your compensation. They will hear from lawyers and appraisers on both sides.

Good luck! I hope you keep your home!!

 

[CamColt]

Thanks for the info everyone.
Our house is only 3.5 yrs old and because of how the market has shot up, we have kept a close eye on approximately what it would be worth now. There was a meeting scheduled for tonight but now thats cancelled. We will definitely go to it when they have it. I may have mispoke in saying the "city or town" taking the house. I guess it would be the highway commision or whoever is in charge of the new project. Im not even really sure.
I will definitely take all your advice and stay informed especially to find out what exactly the plan actually is. Like I said, I think we are far enough away but that phone call my neighbor got really put a panic into me.
The funny thing is my parents also live right along the highway, on the other side(1/2 mile from us). Can you imagine if we both end up homeless?

 

[snoopy]

It hasn't happened to me, but I served on a jury trial once to a couple it was happening to. Suffice to say, the city wanted to give them $200,000 for their home (it was worth about $150,000); they wanted $1.5 million, we were sent out to deliberate and when we came back we learned they settled for an even $1 million.

Wish it would happen to me!

Good luck, camcolt, this would be a tough thing to deal with if you were especially attached to your home.

 

[CamColt]

Wow! For a million, I think I could become unattached, LOL!
But for fair market value, where we wouldnt be able to get everything we want again, I would be very upset.

 

[snoopy]

Camcolt, this was years ago, and I don't really remember the exact specifics - but this was an older couple who had raised both children and grandchildren in that home. Years of memories were torn down. They argued that no monetary amount could replace those memories, and we as a jury were swayed to agree with them. The lawyers from the other side must have sensed that, so they settled the case for far more than the home was worth.

 

[pollyanna]

This is presently happening one block from our "old" house,in one of the quietest,lovliest,best school district areas of the city. All the 50+ homes were bougght by the city,and a lovely boulevard will be replaced by a 6 lane major North-South road. The folks still living there are very concerned about noise pollution.

 

[SuiteDisney]

It's happening around here. Here's a LINK. The family has owned this home and farm for 30 years and the city is trying to take it to build a golfcourse!

 

[beachbunny]

This is what happened to a couple I know. The city was widening the road (from 4 to 6 lanes) and needed the couple's backyard. First, the city came to them with an offer. When they refused, the city filed a lawsuit , an ED action, against them. They had to hire an attorney to defend themselves but they eventually settled for more than the city's initial offer. It was a hassle and it took a lot of time.

 

[Jeff in BigD]

The day a man knocks on my door & tells me that my home is to be torn down is the day I invest in a shotgun.

 

[bsnyder]

CamColt, what I would do is look for or ask for recommendations of a good ED law firm. Interview several and find one you are comfortable with. You can sign a contract with them and they will monitor all the proceedings for your and represent you if and when it comes to that. Many of these firms work on a contingency basis, and the State has to pay your attorneys fees at the end of the day. You get the benefit of expert legal advice right from the start but there's no out of pocket cost to you.

I'm not sure if this holds true for every state, as I'm sure the laws vary, but that's the case here in Florida, and it's worth looking into, IMO.

My family owns some vacant land near the Interstate in an adjoining county. It's been earmarked on the DOT's future plans for possible EM if and when they widen the interstate and if and when they have the funding. I've signed a contract with a local ED law firm, similar to what I mentioned above. This way, I don't have the hassle of monitoring the progress of something that might be quite a few years down the road.