What are your feelings about eminent domain?  |
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| I have dealt with eminent domain, fighting it off and on since 2002. The last fight started November 5th, 2007 when a popular gas company wanted to use eminent domain to take all the property in my area and build their stupid dang gas station! Eminent domain for private gain is so WRONG! If someone needs to build a road, school or highway thats one thing but to threaten to take MY house, paying me as little as 1/4th of what its truly worth so that they can make tons of money building a new gas station is NOT ACCEPTABLE! We see so much property being stolen from the owners for commercial buildings that usually go bankrupt within a few years or out of business. Why displace people, forcing them from their homes and not pay them what the property is worth? Eminent domain first started on property that was run down, trashed and abandoned, etc. If eminent domain didn't 'work' then they would use 'blight'. I've seen some $300,000 homes being taken via eminent domain and that is just not right!! Big companies have the money to strong-arm the people into giving up what they have worked so hard to buy. Yup, push the 'little guy' out of the way and make way for more commercial 'structures'. I was one of the fortunate ones. Seven of us propety owners banded together and we fought long and hard to keep our property (businesses and residential) and we won that fight. Eminent domain still lurks in the shadows though. It never really goes away but I'm ready to fight it again if necessary. What is wrong with our government today where they allow the use of it so freely? This has gotten so totally out of hand and its only going to get worse if we dont fight. No one is safe from it either. Just about the time you think you ARE safe, best think again. You're not. Have you ever dealt with eminent domain or know someone who has? Did they get a fair price or were they forced to accept the little buyout amount offered which is just another way of saying they got screwed? Share your thoughts and horror stories on this topic! I'd like to know how someone dealt with this problem! | | | | | |
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1. scarlet_woman (11395)
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3 years ago
| | a friend of mine in virginia beach had a problem with this. they were widening the main road down there,and he ended up moving two or three times as they kept expanding. local to me,they took a bunch of houses for a new bridge,offered the people absolute crap insulting pay for their property,and basically told them if they wouldn't sell,tough,they'll take it anyway and offer them NOTHING. it's not right at all.and if you can't afford to fight it,you're screwed. | | | | | | |
4pawsx4 (774)
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3 years ago
| | oh how i know that story all to well! doesnt it just make you furious? a restaurant in town, been in business since 1954 has moved 4 or 5 times now, always because of eminent domain. he ended up right back in the exact area that the business originated! they had to build a new building with each move and that cost them some bucks! he got fed up with being screwed by eminent domain, ran for mayor on the platform that he would not use eminent domain and won! thats how we won that battle but prior to winning, we held meetings every weekend for months on end and got anti-eminent domain groups to come and talk with us, etc. we'd had quite a turn out as i'd sent an anonymous letter to other people in the town and told them (the truth) that they were next if we didnt stop the eminent domain takeover on my side of town. ewww, i got alot of people all fired up over my letter! i'd seen the plans that the previous evil snake of a mayor had. my house was to torn down and if the gas station didnt need my property, they would sell my property to someone to build an office building! thats what they do, 'steal' more ground than they need then sell it off to someone to recoup some of their money back. the gas station that does that is QT and if you ever notice, you'll always see some oil changing place or storage place next to them (QT). oh they can be devious b*stards too, take what we offer or we'll TAKE IT. OH NO THEY WONT, not if i/we can help it! i lost part of my back yard with a creek on it back in 1997 to eminent domain so they could build a levee. i ended up taking them to court 5 years later (they kept postponing it for some reason) and had a jury trial. they only awareded me $20,000 for what appraised at $40,000 by at least i got something for it, a pitiful amount but it beat 'nothing'. the lawyer didnt get paid until we got paid so there was no 'up front' money for him which was good, cause we would not have been able to afford him. the whole ordeal was really insulting in the past but i'm prepared this time. if anyone shows up at my door and wants to force me out or offer me an insulting price, i have my shotgun sitting right inside the door. its not loaded but they wont know that. they'll offer me what its really worth, my price, not theirs or else i reach around the corner and grab the gun! they messed with me in the past, i wont let them get away with it the next time, thats for damn sure! | | | |
scarlet_woman (11395)
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3 years ago
| | that's the thing that really gets me-the reselling of "surplus" if they don't use it.the original owner should have first chance to be restored to that land. speaking of which-there's a fight on right now here with dept of navy vs.narragansett tribe navy doesn't need this parcel anymore,and the narragansetts asked for it. so of course now they're changing their mind,because it's waterfront property.i hope they get it because the last thing we need is more unsupportable hotels. | | | |
4pawsx4 (774)
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3 years ago
| | i agree, the previous owner should be offered the property back but in most cases, say its someones residence. once eminent domain 'takes it', chances are the home is destroyed in the process for future plans that sometimes fall through the cracks. i know that if they ever do get my property for some reason and they tear my house down, there would be no way that i would want the property back. the memories of what used to be, where the house stood, where my flower beds were all at, and seeing it all destroyed, it would be too much for me to handle. my situation may be different from others though. my house is 109 years old and my family has lived here since day 1. i'm 4th generation to live here so the sentimental value would be gone, plus to rebuild exactly what i have now wouldnt be the same. for whatever reason i leave here, sell to get away from the b.s. or eminent domain takes it, i will never step foot in this town again, ever. i would hate to see how the historic area had been destroyed for new shiny building. so the navy is playing games with a parcel of ground now? go figure. when no one expresses interest in it, they would no doubt give it away but since the narragansett tribe wants it, now it becomes desirable and they'll hang a price tag on it. thats being downright ignorant of the navy. i think they should give it back to the narragansett's so that they could do something constructive with it rather than to the highest bidder to build hotels, motels, crap that really isnt necessary or needed. i tell ya, this greed that people have when it comes to property is getting so way out of hand! | | | |
scarlet_woman (11395)
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3 years ago
| | exactly.especially after what you have to pay for a house nowadays. | | | |
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ClassyCat (874)
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3 years ago
| | Eminent domain to me is a law that is akin to communism. It has been abused in many cases. From what I have read in a google search, the law has been on the books a long time, and is based on the 5th ammendment of our constitution. | | | |
4pawsx4 (774)
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3 years ago
| | oh, they dont care about the older neighborhoods nor do they care that if they boot you out and you're retired or elderly, if you have to go back into house payments or a house so much more 'less' than what they took, well, thats not their problem. its all corporate greed /private gain and to hell with you, the little guy. eminent domain has been on the books for a very long time, thats true BUT in the beginning it was for valid reasons. today its to get people out of the way so that major corporations can take a stand in a community with little regard for the people they kicked out. its being abused now far too much than the original reason allowed it to be used for. | | | |
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3. jonesy123 (3256)
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3 years ago
| | Good for you to be able to fight it off. That stuff is terrible. Usually the big guys with all the money win. They get all the so called experts in to tell the city/town how important it is to have such and such done exactly where your home is and how much your house is really worth. See, even though you think your house is worth like triple of what they offer, they make their offer under the assumption that you now that they have their project planned would not be able to find a buyer. The value of your property is zip, zero, null. Therefore, you are lucky they are that generous. It's insulting, I know, but that's how they think. I personally have not dealt with it but we have a water company (big international company) that decided to run a pipeline through our county. There would have been a more feasible, shorter supply line possible for what they stated the supply line was for, but no they had to go the way they originally planned. We all know they have long-term other plans but the county let them do it. Now those people have this giant above ground pipe system run through their once tranquil backyards. Granted, the people didn't lose their homes, just parts of their backyards and of course their view. The property values are essentially halved and the money they got in exchange is spare change. It is just such a great example of how big business can do whatever they want. The county thought they'd get jobs and such in exchange, yet all the materials, labor, even the pump station personnel (they had to build one in the county) comes from outside the county. We gained nothing but ripped up roads and acreage upon acreage of destruction that needs fixing, plus an ugly big pipeline. We don't even get the water (it's not a local supplier) but I'm sure their long term plan is to take over the local company and make as all pay through the nose to get the water. I'm really glad you guys managed to fight this off. It takes a lot of endurance. Good for you! | | | | | | |
4pawsx4 (774)
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3 years ago
| | it was one hellacious fight, trust me on that one. oh they did get all their experts to come into the town and say how much better the town would be with them in it. now, here's what happened on that. QT QUIETLY AND SECRETLY worked with the previous mayor and the city attorney for 7 months, setting up all the plans then they were going to dump that info on us, giving us no time to fight it. no one can tell me that 'hush money' was not given to the previous mayor and attorney to keep them quiet until the time was right to let the public know. thats when we propert owners got together almost immediately and started having meetings. we gave them 9 kinds of hell over it and didnt let up until we got a new mayor who said he would not allow it to be used. thank God he won, otherwise i'd be a gas station or an office building now. what i think is totally unfair is the fact that they can offer you as little as 25 cents on the dollar of what your property is worth! i cant buy another house at that buyout offer if they would have contacted me directly. now i did find out that since the house has been in the family for over 30 years i think it is, they would have to offer me 25% more on top of their buyout price offer. honestly, i think they were waiting to get to me till the end when they thought i would possible 'fold' to their offer. *fat chance of that ever happening* that is terrible what the water company has done to you and the county! oh you know that they have bigger plans down the road which will effect everyone's lives, property, etc. brace yourself, they probably will charge you out the nose for water. they will have you right where they want you with no remorse. b*stards!!! | | | |
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4. spalladino (11857)
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3 years ago
| | I don't have any direct experience with eminent domain but I used to see a prime example of how Spotsylvania County in Virginia lost the battle when our family used to go there. Sitting at the edge of the parking lot of a shopping center, next to the intersection of two busy highways where I'm certain the entire area is zoned as commercial as there are businesses everywhere, sits an occupied house with a yard. It stands out because it's the only house in that area. The locals told me that the county fought long and hard to take that property under eminent domain but, somehow, the homeowners won and that house stayed there during the 17 years that we regularly spent weekends at my ex's country home. I haven't been back in almost 10 years but I hope that house is still there. | | | | | | |
4pawsx4 (774)
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3 years ago
| | same situation in a town close to me. 2 elderly sisters were the only ones to hold out on a buyout for their property in a residential area. so what does the grocery store do? they built their store and built their parking lot all around the sisters house!!!!!! the store was open 24 hours so i'm sure that the sisters went though hell with cars driving past their windows 24/7. when the sisters passed away, the store 'got' their property, and paved it all. i'm glad that the sisters 'held their ground'. i hope that you find the country home still standing. wouldn't it be great if it was, knowing that they were not forced to give it up? | | | |
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5. TrvlArrngr (2885)
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3 years ago
| | When i lived up on Long Island this was a hot topic. They expanded the Long Island Expressway and claimed eminent domai ad took houses and land away from many people. Some got to keep their house but lost a few feet of their back yard and were given a new stone wall - about 12-16 feet high that was part of the expansion. so they not only got the added noise of living on a high way but the shade from the wall was all the time and they had trouble keeping plants alive. it was a real mess. Thank the Lord it never happened to me...at least not yet. | | | | | | |
4pawsx4 (774)
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3 years ago
| | keep in mind that no one is safe from eminent domain. the 12-16 ft. wall would be nice but the extra noise would drive me nuts.......... | | | |
TrvlArrngr (2885)
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3 years ago
| | I would not be able to stand it! | | | |
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6. xfahctor (7620)
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3 years ago
| | In the state of new hampshire, it is ilegal to use eminent domain to claim property for private and corperate use, we passed a law againts this a couple years ago. the state can still exercise it, but only for pulic use, so no danger here of losing one's land or house for an office building or shopping mall. Unfortunately the government derives the use of this through a part of the 5th amendment.... "No person shall be deprived of... property, without due process of law; nor shall private property be taken for public use without just compensation" It is considered a loose interpretation by some and I think it should be clarified an amendment should be drafted that strikes this as a federal or state power. It waws also the justification for the act that established the national parks. It should be noted that in essence, we don't really own our land, since a tax is continualy levied on it and if not paid, your land can be siezed by the entity taxing it, something else I think needs to be adressed constitutionaly. | | | | | | |
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7. miamilady (2490)
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3 years ago
| | I haven't had to deal with it personally, but I know of someone who lost his property due to eminent domain. I think it sucks. Period. I would hate to have that happen to me. I'm sorry that you are having to deal with that. | | | | | | |
4pawsx4 (774)
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3 years ago
| | oh it sure does suck! its stealing in its purest form. all is quiet here for now but that doesnt mean that they wont try it again later on. i'm bracing myself for that time. (sorry for the slow response, i've been having major connectivity problems lately and just finally got that fixed!) | | | |
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| 8. thistledown (36)
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3 years ago
| | We haven't had it happen to us, but right now in a small town here in WA state they have decided to put a "round-a-bout" intersection in and they are taking a bunch of private property. This isn't as bad as taking it for a private business, but they need this intersection, like they need another hole in their heads! It is in a terrible place and of no need what so ever. They have had the law on the books for a long time, but until just a few years back, they didn't take it unless it was going to a public project, never for a private person or business to have. You know that was probably one of the first things that happened with our government, that made me start to question and worry. I can hardly believe how fast things have gone to h--l since then!! I really think they will start taking whatever they want preety soon. Naturally, they will have some kind of "law" to back them up. | | | | | | |
4pawsx4 (774)
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3 years ago
| | oh you know they will have some kind of law backing them up! they'll pay lawyers gazillions of dollars to write it so that everyone shares the wealth and the little guys loses his property. its just not fair......... | | | |
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9. General_Spacey (1157)
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3 years ago
| | get your local politician to sponsor legeslation like Missouri has where eminent domain can NOT be used except for public projects, like roads, etc. Since then, the compaines have been angry, but the citizens voted for that as an AMENDMANT TO THE STATE CONSTITUTION.... The one time my family was hit with eminent domain, was for a highway project. The one problem was we lost 10,000 from what the home was worth in 1961. 10,000 then is like loosing 25,000 now, maybe more. | | | | | | |
4pawsx4 (774)
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3 years ago
| | wow, thats definately a big loss back in 61! with eminent domain, i found out that they ONLY have to pay you 25 cents on the dollar of the property's worth. that makes me sick to even think that they can go that low and get away with it. | | | |
General_Spacey (1157)
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3 years ago
| | thanks for your comment. It should be at fair market value. That is a part of Missouri law. Also in the law, it has to be a "public works" type project. There was a project that got about 2, maybe 3 blocks of homes behind what was a huge store (the department store building had to be torn down, first, for this project.) After the store, and all of the buildings/homes were torn down, and MOST of the concrete was removed; the contractor lost a lawsuit and went out of business. I do not know what; if anything happened to that property since I left ST Louis. We got about 80% of the value by taking the first offer. One family did get about 10 cents on the dollar. ( Also, because of my father being an aeronautical engineer for a government agency, is the other reason WHY we got 80% of the real worth.) | | | |
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10. goldeneagle (5503)
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3 years ago
| | The government steals from us every day. They take most everything else from us to get what they want. It is only natural they would reserve the "right" to take our land as well. | | | | | | |
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