Eminent Domain Appraisal question

[Busy Bee]

Busy Bee, A couple initial comments/thoughts for you:

For one, I would recommend keeping a log/journal of the agent’s statements. If you are telling us the whole story here, its sounds like you may have an agent or agency that is not functioning on the up and up. Seldom is there land worth $0 and it sounds like either the agent is trying to influence you, push a project through in a short timeline or they simply do not understand or disregard the eminent domain valuation process. I say this because if this is a public agency doing an acquisition (or someone contracted by them) there are state statutes they have to follow regarding eminent domain acquisitions. I am not familiar with Georgia's statutes, but the spirit of them is similar in most states as they originate from Federal laws.

Did the agent explain the acquisition process to you or provide you with any handouts, pamphlets or a Notice of Intent? Typically it starts with a written Notice of Intent mailed to the property owner that explains your rights as a landowner, the steps in the process, what the agency is intending to acquire, descriptions of the area, how the value will be determined and by what definition among other things such as timelines etc. If you haven't received this, demand it! This is the starting point in the negotiation process and don't just take the agents verbal word for it, if they won’t give you written documents they are likely up to something. The negotiation process is regulated and the Agent shouldn't be trying to influence you. They should just be following the process.

Thank you for your response.

I have talked with the City Rep 2 times in person. I have that information and will make sure it is clearly logged. After I met with him I then emailed him. He asked for my phone number; however, I told him the best was to email----I wanted proof of what he said.

City Rep said that since the easement area is beside a creek (always known as a creek —NOW it is listed as a River—not sure when that happened) and because it is a River, that makes it a Federal Buffer Zone and that he estimates it is worth only $100.

I do wonder as far as appraisals go the how land beside a creek is viewed/valued?


No handouts or notices were given to my Mom (she is in the city next to this Big city that wants the easement). Until the Rep presented her with the Easement and the Right of Entry papers to sign she had no idea. The Rep said that he was a Notary and that her neighbor could be a witness. When Mom told him that she would need time to read over the papers, he said, "I'll come back tomorrow." When he called the following day, she said that she had to get her children to read this. He has been very persistent.

Rep said that there has NOT been an appraisal. He said, "once an appraisal has been ordered this becomes a full acquisition and the project will be tuned over to the law department." Mom feels very threatened, she is a widow in her 80's!

I appreciate you for pointing out that the Agent/Rep shouldn't be trying to influence her, but that he should be just following the process.

All the suggestions on this site have been very helpful~~thanks.

Thank you,
BB

 

[Busy Bee]

It doesn't sound like they want alot of land based on the offer. Here is some info that might explain the process:

[url]http://www.dca.state.ga.us/development/research/programs/landownerNoticeOfRights.asp[/URL]

Excellent, I will read over all the info on this site. Thank you so much for taking your time to find this info and post this.

No "Landowners Notice of Rights" was ever given to Mom or any of us. We felt like someone threw us out in the middle of the ocean and we didn't know which way to swim towards land.

Appreciate your help,
BB

 

[Busy Bee]

Not that it helps you, but Arkansas is set to pass an Ark Relator Assoc. law that will require governmental bodies to pay for the legal expenses in court if they lose over a condemnation.

Our state has basically said that this won't fly. You must pay something for it regardless some future improvement (which invariably would involve a tweaking of HBU) might "improve" the market value.

Thus, a farmer near town who is condemned for a new street to access the local Mall, will not face his land being valued before at $4000 an acre then $50,000 an acre after the taking...

Land is rarely worth "nothing". Ask the Assessor if they are valuing it at no dollars...

No Assessor has been involved only the Rep. He said that "once an appraisal has been ordered this becomes a full acquisition and the project will be tuned over to the law department."

A 24"-36" sewer pipe underground with man hole and above ground metering station. Have you ever had a case like this that the above added value to property?

City Rep said that since the easement area is beside a creek (always known as a creek —NOW it is listed as a River—not sure when that happened) and because it is a River, that makes it a Federal Buffer Zone and that he estimates it is worth only $100.

I do wonder as far as appraisals go the how land beside a creek is viewed/valued?

Appreciate your input,
BB

 

[Busy Bee]

BusyBee, from what you have said, I would insist that all future communication should be in writing. You should welcome the prospect of having the agent "turn it over to the law department," because the agent does not seem to be following correct procedure, according to your description. The property owner's rights are protected by law, unless you voluntarily give them away. Read the information on the link provided by berniek. I am not an attorney, and these statements should not be interpreted as legal advice.

Yes, that is a wonderful idea. All will be in writing. I have insisted on emails rather than phone calls, like he wants. Rep likes to email on Friday. He wrote this past Friday that he MUST meet with us ASAP. Wants to make sure we have an enjoyable stress-free weekend.

The Rep admitted in a recent email that he had wanted Mom to donate the land. All he ever told her was that her land was worthless. No information about her Rights was ever given to this elderly widow. I'm not a lawyer either or ever had any dealings other than a Will, but I feel this is wrong to deal with an elderly person in this manner.


I am looking at the link berniek posted.



Thanks for your insight,
BB

 

[Mark K]

The condemnation process is long and tedious. Time is on your side so take all you want or need. The city might get an "order of entry" by the judge to allow the project to proceed across your land and you'll agree on or a jury will decide on compensation at a later time.

Time, on the other hand, may not be a friend to the condemnor so chances are they will make a reasonable offer before they have to start paying for their lawyers and experts.

Sit back, take a deep breath, and don't sign anything until your lawyer advises you to do so. It will cost the city a lot of money to condemn and their lawyers will certainly advise a reasonable settlememt prior to that. An old lady is a very sympathetic defendant.

 

[Busy Bee]

The condemnation process is long and tedious. Time is on your side so take all you want or need. The city might be an "order of entry" by the judge to allow the project to proceed across your land and you'll agree on or a jury will decide on compensation at a later time.

Time, on the other hand, may not be a friend to the condemnor so chances are they will make a reasonable offer before they have to start paying for their lawyers and experts.

Sit back, take a deep breath, and don't sign anything until your lawyer advises you to do so. It will cost the city a lot of money to condemn and their lawyers will certainly advise a reasonable settlememt prior to that. An old lady is a very sympathetic defendant.

Thank you for your helpful opinions. Nothing has been signed yet and I am trying stay calm. Good to know that the project may proceed before compensation.

We do not want to be unreasonable, but I do think that trying to trick and bully an elderly lady into signing away an easement for no compensation and without informing her of her rights, should not be tolerated. The rep came by her house today, but she was too afraid to answer the door.

Mark, have you ever appraised an easement next to a body of water?

The easement they want is next to a small creek (3-4 inches deep about 3-4 foot across--all estimates). It does swell temporally during heavy rains (it is now listed on Big Cities' records as a River). Block walls and concrete bottom.

The Rep. said that since the easement is in a "Federal Buffer Zone" that he estimates it to be worth only $100 (better than what he first said-- "worthless")

Just wondering if there is any truth to the "Federal Buffer Zone" next to a body of water as far as an appraisal goes?

Thank you,
BB

 

[JTip]

The condemnation process is long and tedious.

BB has not mentioned condemnation, only an easement. Acquiring a partial take may or may not require condemnation.

Eminent domain is what it is. It is required to make everyone's life better in some way. It is far too early to make assumptions and like Mark K said, it will take a long time.

Nobody want to take a home from a senior citizen and everybody will work to do their best. Give it time to see the FINAL plan. The plan will answer any and all the questions about the future of the project and the properties involved. Things can be and may be tweaked in order to do the least amount of damage to the property owners.

Do keep us posted on what happens. I will offer an opinion when you find out more.

A g oo gle search revealed some info on "Federal Buffer Zone":

http://www.colemanchambers.com/CM/Articles/Stream-Buffers-Eminent-Domain.asp

(Don't know them, don't own stock in them, just a search result) Interesting read though.

 

[Mark K]

Mark, have you ever appraised an easement next to a body of water?




Just wondering if there is any truth to the "Federal Buffer Zone" next to a body of water as far as an appraisal goes? [/B]

Thank you,
BB

Yes I have, but not yours.


Federal Buffer Zone? Never heard of that exact term but that doesn't mean it doesn't exist. Riparian rights vary from state to state.

Again, take your time, demand to see what they used to value the acquisition. Something that small might not require an appraisal but there should be something that establishes value.

The guy sounds like he's trying to run roughshod. I'd tell him to communicate only through your attorney from now on. Inform the City or County attorney (who ever is doing the project) and tell them to call this guy off and refer them to your attorney. This guy's a clown only interested in collecting his fee for signing up another parcel.

Having it "turned over to the law dept." isn't a bad thing; they know the correct process. They also know how expensive it is for them to litigate one of these cases.

 

[Busy Bee]

BB has not mentioned condemnation, only an easement. Acquiring a partial take may or may not require condemnation.

Eminent domain is what it is. It is required to make everyone's life better in some way. It is far too early to make assumptions and like Mark K said, it will take a long time.

Nobody want to take a home from a senior citizen and everybody will work to do their best. Give it time to see the FINAL plan. The plan will answer any and all the questions about the future of the project and the properties involved. Things can be and may be tweaked in order to do the least amount of damage to the property owners.

Do keep us posted on what happens. I will offer an opinion when you find out more.

A g oo gle search revealed some info on "Federal Buffer Zone":

[url]http://www.colemanchambers.com/CM/Articles/Stream-Buffers-Eminent-Domain.asp[/URL]

(Don't know them, don't own stock in them, just a search result) Interesting read though.

Thanks for the link! Looks interesting and I will read this info right away.

The City is not wanting to take her entire house, but an easement on her property. "perpetual, non-exclusive easement in, on, over, under, across and through the lands. . ." "No encroachments or obstructions shall be placed on said Easement Area." Maybe it would be a blessing if they did want her entire house, spare her the year+ construction down the side of her home.

We were shown a plot showing a man hole and an above ground metering station on Mom's property, but told these are not the final plans. (current metering station first installed 10 years ago is across the street stands 5 foot tall by 2.5 foot wide). The final plans will be known when all property has been acquired. I have requested that the metering station not be moved to Mom's property---on the front side near the street.

Been told that an easement when there has been no easement is a "burden" on the property as far a value. One retired lawyer said that he has seen one utility selling other entities easement rights once the first easement has been given. Money does not go into the homeowners pocket, but the utility that first got the easement.

Appreciate your time and research,
BB

 

[Busy Bee]

Yes I have, but not yours.


Federal Buffer Zone? Never heard of that exact term but that doesn't mean it doesn't exist. Riparian rights vary from state to state.

Again, take your time, demand to see what they used to value the acquisition. Something that small might not require an appraisal but there should be something that establishes value.

The guy sounds like he's trying to run roughshod. I'd tell him to communicate only through your attorney from now on. Inform the City or County attorney (who ever is doing the project) and tell them to call this guy off and refer them to your attorney. This guy's a clown only interested in collecting his fee for signing up another parcel.

Having it "turned over to the law dept." isn't a bad thing; they know the correct process. They also know how expensive it is for them to litigate one of these cases.

Agree that the Rep is trying to "run roughshod". He went to Mom's twice yesterday. At 5 PM she answered the door, but she didn't let him in or sign anything. She called me as she was answering the door so I heard most of the short conversation.

I did email Rep a couple of weeks ago asking how he came up with the value on her property. He had first said that it was "worthless" then he said $100. He told me that if an appraisal is ordered then it will be turned over to the law department and that "all negotiations are off". Turning it over to the law department would be welcomed.

I wrote him yesterday asking again for an offer.

I have found online a couple of settlements made this year with the same utility for underground sewer, so not ALL homeowners to donate property.

Appreciate your insight,
BB