eminent domain

[Yvonne G]

Do any of you have personal experience with eminent domain?

I live on a state route...not an actual highway or designated freeway, just a route. I have known for some time that the gov. has plans to widen this street. Part of the project has already been completed, about a mile west of me. If you line up, line of sight, what is already done with what is proposed, it is obvious that the properties losing frontage to the new expanded roadway are on my side of the street. This is going to go from two lanes to a 6 lane expressway.

My property is elevated about 10' above the street. My pond is only about 15' from the front property line. When they make their cut off the front of my property, I can see that my pond is going to be dangerously close to the new property line.

My question is, do I have any wiggle room to demand a retaining wall? Do they actually buy the condemned properties, or is the property owner S.O. L.?

I sent an email to the City planner this a.m. and haven't heard back from him yet. I have also sent back a note asking for a face-to-face before I sign the form they sent me asking permission for their workers to come on my property.

 

[Saleama]

There are SO many different reasons why governments take property. When I was a child, my Grandmother owned property across from the Battle of Goliad in Old Washigton Texas. The State expanded the park and offered to purchase her property, when she refused, they took it and gave her WAY less than what they had offered. You usually do not win in these cases. Call a lawyer that specializes in this.

 

[kathyth]

My wife asked me to respond to your posting on eminent domain. I am a recently retired civil engineer who worked 30+ years for Los Angeles County on many road projects like you described. Eminent domain allows government agencies to acquired property in a timely manner, so that, the project can proceed. All property acquired must be paid for at "fair market value". You may dispute the fair market value of your property; but, the project will proceed in any case and the cost will be determined later in court. Please note government agencies are prevented from paying "too much" for private property (10% above market value in L.A.) because this is considered a "mis-use of public funds".

Last item, if you want a wall constructed in front of your property, you can certainly request this when the State reality agent contacts you. The estimated cost of this wall, if not already included in the road design, will be subtracted from the amount the State will pay for the property they need from you. You might want to consider a "garden wall" instead of a retaining wall for privacy and to block the increased road noise.

Jim

 

[Yvonne G]

Thank you so much for your response, Jim. I wasn't sure if "eminent domain" meant they just take the property with no reimbursement. I don't care if I don't get paid...I just want a nice retaining wall.

Now I understand it a bit better. Thanks again.

 

[AnnV]

There was a long and bitter eminent domain case here in New London, CT a few years ago.
It seems no matter what, the gov't is going to win.
If I were you I'd ask for a mile, even though you'd settle for an inch.
And, hint hint, the media loves these stories...

 

[Yvonne G]

Yeah...I've always been worried about having my tortoises stolen. I'm pretty close-mouthed about advertising.

 

[Tom]

Yeah...I've always been worried about having my tortoises stolen. I'm pretty close-mouthed about advertising.

Any other cards you'd like to show before the betting even starts?

I hope THEY don't read this.

 

[Jacqui]

Then you will also end up losing more land to how you will have to have your driveway done, unless you could do it so you come in the back perhaps?

 

[Yvonne G]

Then you will also end up losing more land to how you will have to have your driveway done, unless you could do it so you come in the back perhaps?

The property stake is right in the middle of my driveway. It's going to be pretty hard to move the driveway. It will probably take off some of the desert tortoise area, and a lot of the cactus.

Can't come in through the back because the garage is in the front.

 

[edwardbo]

with much sadness i have read your post. yvonne,be smart start moving your pens now.stay under the radar .toms tone is right ,but just imagine how many rocks, gravel and tools you can borrow from them when they are not looking. i never understood the liberal mindset of california, people if you think the goverment cares about you ,your wrong.the deal is done ,learn to handle beaurocrats,go along to get along.they will break you down with time,(just for fun id move the markers, and screw up the enginering)listen closly to what kathys husband is saying.move your pens. im so sorry. thats why paying attention to whose in office is soooo important,things are not good .love you all ,good luck.

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reread the thread .the consent form is a formality,if you never sign it things will go on as they planned.it sounds like this is a very big project ,six lanes.how did the other properties look after the construction ? what do you mean by abandoned properties.your side of the country is like another world. look up Wellesly /weston ma on realtor .com and look at my neck of the woods. its obscene.