Eminent Domain Appraisal question

[Mark K]

The city can, and will if necessary, condemn using eminent domain for a utility easement.

If the owner and city cannot come to terms, the city will begin condemnation proceedings for the easement area only; they don't have to condemn the entire property. I've been involved in several court cases involving condemnation for sewer easements.

An easement will take certain rights from the owner and convey them to someone else. The extent of the effect on value is based on the restrictions in the easement document. Many times the only rights to the real estate retained by the owner are the right to cut the grass and pay taxes on the land.

 

[Webbed Feet]

Agree that the Rep is trying to "run roughshod". He went to Mom's twice yesterday. <....snip....>

Appreciate your insight,
BB

This is not legal advice as I am not qualified or licensed to offer any.

If it were my 80+ year old mother and that was going on, I would immediately ask my mother for a "limited power of attorney" regarding any and all public takings of any land she owned. I'd get have the documents notarized and I'd go record them at the recorder's office.

I would then immediately notify this jackass by certified mail with copy of power of attorney attached that he nor anyone else is to contact my mother in any manner whatsoever regarding the matter. All contact would be through me. I would also demand said jackass identify his documented position with whomever he is working for and document his experience and authority to be opining the value of Realty in the State this is taking place in. I would demand to know the names, titles, and contact information of his superiors or research that information and "CC" them a copy of my demands and notifications while I was at it.

I'd also be demanding said jackass and said jackass' superiors document exactly who and when managed to get a creek reclassified as a "river" and under what authority, and definition of "river," that little maneuver took place under.

I'd be out speaking to all the other property owners up and down that proposed sewer line.

But that's just me if it were my mother. I can't tell you what to do.