Yorktown Domain Case

[Pittsburgh Pete]

Again market value may or may not be just compensation...and remainder tracts can be orphans or impact an entire farm operation. The constitution does not say market value is just compensation, that is a construct of courts. There has been more eminent domain takings in the past 30 years than in the previous 200.

In PA, the taking may involve an "assembled economic unit" which results in damages well above the market value of the real estate being taken.

Remainder tracts are typically addressed via severance damages--have been amazed at what the State sometimes returns to the owner. The owner is compensated but it seems common sense would involve the State taking "all" of the property.

As to the last sentence, "duh?" Pipelines, roadways, etc. .......................................

 

[djd09]

“One of the most essential branches of English liberty is the freedom of one’s house. A man’s house is his castle.” – James Otis, on the Writs of Assistance, 1761

 

[TRESinc]

“One of the most essential branches of English liberty is the freedom of one’s house. A mom’s house is his castle.” – James Otis, on the Writs of Assistance, 1761

fixed

 

[djd09]

Did you miss me?

 

[djd09]

“The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence.” – John Adams, A Defence of the Constitutions of the Government of the United States of America, 1787

 

[djd09]

"Three years ago Virginia residents passed a constitutional amendment to limit legalized theft through eminent-domain abuse. The amendment required that property be taken only for a genuinely public purpose. No longer could governments take one person's land and give it to somebody else for economic development. Opponents of the measure issued dark warnings about the terrible consequences that would ensue, but those predictions failed to come true."

Problem solved, right? Not on your life.

Just ask Richard Dwyer. The town of Culpeper, Virginia has taken a big chunk of his land—and wants to make him sell it for a song.

For many years Dwyer bought up small parcels as a way to prepare for his retirement. Eventually he put together 26 acres, part of which was floodplain and part of which had been zoned for high-density residential development. The zoning would entitle him to build up to 344 units.

"In 2006, I had a written offer of $16.1 million for that land," Dwyer told the Fredericksburg Free Lance-Star, which recounted his story in detail a few days ago. Then Culpeper decided to build a big road, commonly called the inner loop. It confiscated more than five acres of his best property to do it. "They took the buildable land and left me with the floodplain," Dwyer told the newspaper. Now he's looking at 152 potential units instead of 344.

Two years ago, Culpeper—based on its own appraisal—decided the land it had taken was worth a little more than $466,000. Dwyer's appraiser put the value slightly higher: $3.4 million.

The two parties couldn't reach an agreement. So Culpeper brought in another appraiser who decided the seized land was worth a measly $130,000."

If that sounds familiar, it should. A lowball second appraisal is a common negotiating tactic in eminent-domain disputes. It's called sandbagging. The Virginia Department of Transportation (VDOT) tried to pull the stunt on a Virginia Beach couple a few years ago.

https://reason.com/archives/2016/01/27/theft-by-government-continues-through-em

How are those protect the owner laws working? Please sing me another story. Sandbagger,

 

[Terrel L. Shields]

QUOTE="Michigan CG, post: 2890306, member: 99171"]was involved in many eminent domain cases and I have never seen anyone (taker) trying to screw anyone over.[/QUOTE]I know of no state that requires themselves to pay for disrupting a farm operation or business and basically depriving them of the living the make off it. Often the property is unsalable for years after the project is announced, and nothing is paid to one to get their business back up and running. In one case a fellow appraiser testified for a egg producer when a new airport refused to buy them out but the planes flew directly over the poultry barns. The shadow and noise frightened the birds and egg production fell by 30% or so. The airport finally bought the operation but this basically put them out of business until they could buy another farm.

 

[Mark K]

... Often the property is unsalable for years after the project is announced, and nothing is paid to one to get their business back up and running.

That is one valid point that I agree with.

It is difficult to sell a property from the time that the project is announced until completion. The hassles during construction and the inability of most buyers to visualize the project makes marketability problematic.

However, in many cases when the project is complete, the property is more valuable. Maybe the property owners should compensate the municipality for making the property more valuable.

 

[Raven59]

My experience with DOT/DOH work is 90% of the time the state goes out of their way to over compensate the property owner. The compensation is well above what could be obtained in the market. There is the other 10% of the time things are not so clear. It's not a perfect system but the intent is to be fair. In some situations fairness is mismanaged and others are based on unrealistic expectations.

 

[Pittsburgh Pete]

Agree with Uncle Jed! Below is excerpt from Certification used in PA:

1. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded in determining the compensation for the property. Such increases or decreases must be disregarded in the Before value but may be considered in the After value. This is known as the Project Enhancement Rule.