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Eminent Domain - I need help
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SumOfAllFears Offline
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Post: #21
RE: Eminent Domain - I need help
Do you get to decide the taxable value of your property. If you think your property is priceless, you might have trouble paying the taxes on it. Fo, your experience IRW situations is astonishingly close to none-existence.
07-23-2009 09:30 PM
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SumOfAllFears Offline
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Post: #22
RE: Eminent Domain - I need help
(07-23-2009 09:28 PM)smn1256 Wrote:  
(07-23-2009 09:26 PM)Fo Shizzle Wrote:  
(07-23-2009 09:23 PM)SumOfAllFears Wrote:  
(07-23-2009 09:09 PM)Fo Shizzle Wrote:  
(07-23-2009 08:43 PM)WMD Owl Wrote:  
(07-23-2009 08:05 PM)smn1256 Wrote:  
(07-23-2009 05:43 PM)Fo Shizzle Wrote:  I hope she manages to thwart their actions..but..They since they have the ability to steal from YOU to fund a legal action against YOU....and....You must fight them with YOUR hard earned wages, they know you will probably settle. Be aware!!!! They have NO problem just stealing the property if you refuse.03-banghead03-banghead

If she is upside-down and has no equity, it will be hard to fight. How long has she owned the property?
When you put it that way it sucks even more.

Around here you have the right to a jury trial on ED cases.

In some states, if the award comes back from the Court that is higher than the government's offer, then the government also pays your legal fees.

Correct me if I'm wrong...You are probably not going to have the option of just keeping your property. You may get a fair settlement..but..you are most likely going to have to give it up.

What if I decide that there is NO amount of money that would make me sell my property regardless of the amount a jury decides?

It is not for you to decide. Fair market value is established by an appraiser using comparable sales. If there are no comparable sales or you dispute them, you are given the opportunity to make your value case.
03-lmfao03-lmfao03-lmfao Now..Isn't that just dandy!!!! You don't get to decide the value of your own damn property. Yep...We live in free country!!!!!03-lmfao03-lmfao03-lmfao03-lmfao03-lmfao

The market value of my wife's property is less than she owes on it. The city will ask some consultant what the fair market price is and she'll get hosed.
07-23-2009 09:34 PM
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Fo Shizzle Offline
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Post: #23
RE: Eminent Domain - I need help
(07-23-2009 09:28 PM)smn1256 Wrote:  
(07-23-2009 09:26 PM)Fo Shizzle Wrote:  
(07-23-2009 09:23 PM)SumOfAllFears Wrote:  
(07-23-2009 09:09 PM)Fo Shizzle Wrote:  
(07-23-2009 08:43 PM)WMD Owl Wrote:  
(07-23-2009 08:05 PM)smn1256 Wrote:  
(07-23-2009 05:43 PM)Fo Shizzle Wrote:  I hope she manages to thwart their actions..but..They since they have the ability to steal from YOU to fund a legal action against YOU....and....You must fight them with YOUR hard earned wages, they know you will probably settle. Be aware!!!! They have NO problem just stealing the property if you refuse.03-banghead03-banghead

When you put it that way it sucks even more.

Around here you have the right to a jury trial on ED cases.

In some states, if the award comes back from the Court that is higher than the government's offer, then the government also pays your legal fees.

Correct me if I'm wrong...You are probably not going to have the option of just keeping your property. You may get a fair settlement..but..you are most likely going to have to give it up.

What if I decide that there is NO amount of money that would make me sell my property regardless of the amount a jury decides?

It is not for you to decide. Fair market value is established by an appraiser using comparable sales. If there are no comparable sales or you dispute them, you are given the opportunity to make your value case.
03-lmfao03-lmfao03-lmfao Now..Isn't that just dandy!!!! You don't get to decide the value of your own damn property. Yep...We live in free country!!!!!03-lmfao03-lmfao03-lmfao03-lmfao03-lmfao

The market value of my wife's property is less than she owes on it. The city will ask some consultant what the fair market price is and she'll get hosed.

Anyone that thinks ED is fair....just needs to have "their" property under siege of these thieves.

Steve...She can always resort to a show of force and protect her property against those that would wish to steal it. I think that is permissible under the law.

OH...I forgot....The laws are for us slaves to follow...not our masters!!03-lmfao
07-23-2009 09:35 PM
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SumOfAllFears Offline
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Post: #24
RE: Eminent Domain - I need help
(07-23-2009 09:28 PM)smn1256 Wrote:  
(07-23-2009 09:26 PM)Fo Shizzle Wrote:  
(07-23-2009 09:23 PM)SumOfAllFears Wrote:  
(07-23-2009 09:09 PM)Fo Shizzle Wrote:  
(07-23-2009 08:43 PM)WMD Owl Wrote:  
(07-23-2009 08:05 PM)smn1256 Wrote:  
(07-23-2009 05:43 PM)Fo Shizzle Wrote:  I hope she manages to thwart their actions..but..They since they have the ability to steal from YOU to fund a legal action against YOU....and....You must fight them with YOUR hard earned wages, they know you will probably settle. Be aware!!!! They have NO problem just stealing the property if you refuse.03-banghead03-banghead

When you put it that way it sucks even more.

Around here you have the right to a jury trial on ED cases.

In some states, if the award comes back from the Court that is higher than the government's offer, then the government also pays your legal fees.

Correct me if I'm wrong...You are probably not going to have the option of just keeping your property. You may get a fair settlement..but..you are most likely going to have to give it up.

What if I decide that there is NO amount of money that would make me sell my property regardless of the amount a jury decides?

It is not for you to decide. Fair market value is established by an appraiser using comparable sales. If there are no comparable sales or you dispute them, you are given the opportunity to make your value case.
03-lmfao03-lmfao03-lmfao Now..Isn't that just dandy!!!! You don't get to decide the value of your own damn property. Yep...We live in free country!!!!!03-lmfao03-lmfao03-lmfao03-lmfao03-lmfao

The market value of my wife's property is less than she owes on it. The city will ask some consultant what the fair market price is and she'll get hosed.

If she is upside down or has no equity in the property it will be hard to fight. How long has she been the owner of the property?
(This post was last modified: 07-23-2009 09:37 PM by SumOfAllFears.)
07-23-2009 09:35 PM
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Fo Shizzle Offline
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Post: #25
RE: Eminent Domain - I need help
(07-23-2009 09:30 PM)SumOfAllFears Wrote:  Do you get to decide the taxable value of your property. If you think your property is priceless, you might have trouble paying the taxes on it. Fo, your experience IRW situations is astonishingly close to none-existence.

No...It matters not what the theft value is...What matters is that I should be the one that decides "if,when and to whom" I sell my damn property. You are correct I have no experience in these matters...I do however know what is RIGHT!!! and so do you.04-cheers
07-23-2009 09:38 PM
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smn1256 Offline
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Post: #26
RE: Eminent Domain - I need help
(07-23-2009 09:35 PM)SumOfAllFears Wrote:  
(07-23-2009 09:28 PM)smn1256 Wrote:  
(07-23-2009 09:26 PM)Fo Shizzle Wrote:  
(07-23-2009 09:23 PM)SumOfAllFears Wrote:  
(07-23-2009 09:09 PM)Fo Shizzle Wrote:  
(07-23-2009 08:43 PM)WMD Owl Wrote:  
(07-23-2009 08:05 PM)smn1256 Wrote:  
(07-23-2009 05:43 PM)Fo Shizzle Wrote:  I hope she manages to thwart their actions..but..They since they have the ability to steal from YOU to fund a legal action against YOU....and....You must fight them with YOUR hard earned wages, they know you will probably settle. Be aware!!!! They have NO problem just stealing the property if you refuse.03-banghead03-banghead

When you put it that way it sucks even more.

Around here you have the right to a jury trial on ED cases.

In some states, if the award comes back from the Court that is higher than the government's offer, then the government also pays your legal fees.

Correct me if I'm wrong...You are probably not going to have the option of just keeping your property. You may get a fair settlement..but..you are most likely going to have to give it up.

What if I decide that there is NO amount of money that would make me sell my property regardless of the amount a jury decides?

It is not for you to decide. Fair market value is established by an appraiser using comparable sales. If there are no comparable sales or you dispute them, you are given the opportunity to make your value case.
03-lmfao03-lmfao03-lmfao Now..Isn't that just dandy!!!! You don't get to decide the value of your own damn property. Yep...We live in free country!!!!!03-lmfao03-lmfao03-lmfao03-lmfao03-lmfao

The market value of my wife's property is less than she owes on it. The city will ask some consultant what the fair market price is and she'll get hosed.

If she is upside down or has no equity in the property it will be hard to fight. How long has she been the owner of the property?

This is where it gets more complicated. The business belongs to my wife, but the property belongs to her parents. They are currently in the middle of a divorce (both are in their 70's, go figure) my mother-in-law has gone bonkers and has refused to get help for her mental condition and my father-in-law is moving to Oregon to fish his life away. Not sure how long the property has been in the family - may 5 to 7 years. For all I know my wife may not have standing to put up a fight.

The more I think about this the more it sucks.
07-23-2009 09:43 PM
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WoodlandsOwl Offline
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Post: #27
RE: Eminent Domain - I need help
(07-23-2009 09:35 PM)SumOfAllFears Wrote:  
(07-23-2009 09:28 PM)smn1256 Wrote:  
(07-23-2009 09:26 PM)Fo Shizzle Wrote:  
(07-23-2009 09:23 PM)SumOfAllFears Wrote:  
(07-23-2009 09:09 PM)Fo Shizzle Wrote:  
(07-23-2009 08:43 PM)WMD Owl Wrote:  
(07-23-2009 08:05 PM)smn1256 Wrote:  
(07-23-2009 05:43 PM)Fo Shizzle Wrote:  I hope she manages to thwart their actions..but..They since they have the ability to steal from YOU to fund a legal action against YOU....and....You must fight them with YOUR hard earned wages, they know you will probably settle. Be aware!!!! They have NO problem just stealing the property if you refuse.03-banghead03-banghead

When you put it that way it sucks even more.

Around here you have the right to a jury trial on ED cases.

In some states, if the award comes back from the Court that is higher than the government's offer, then the government also pays your legal fees.

Correct me if I'm wrong...You are probably not going to have the option of just keeping your property. You may get a fair settlement..but..you are most likely going to have to give it up.

What if I decide that there is NO amount of money that would make me sell my property regardless of the amount a jury decides?

It is not for you to decide. Fair market value is established by an appraiser using comparable sales. If there are no comparable sales or you dispute them, you are given the opportunity to make your value case.
03-lmfao03-lmfao03-lmfao Now..Isn't that just dandy!!!! You don't get to decide the value of your own damn property. Yep...We live in free country!!!!!03-lmfao03-lmfao03-lmfao03-lmfao03-lmfao

The market value of my wife's property is less than she owes on it. The city will ask some consultant what the fair market price is and she'll get hosed.

If she is upside down or has no equity in the property it will be hard to fight. How long has she been the owner of the property?

Actually that is another can of worms. The lender is a necessary party to the litigation and will also appear and submit their own expert report. The lender can't accept less than the debt.
(This post was last modified: 07-23-2009 09:44 PM by WoodlandsOwl.)
07-23-2009 09:43 PM
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Brookes Owl Offline
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Post: #28
RE: Eminent Domain - I need help
(07-23-2009 09:43 PM)WMD Owl Wrote:  The lender is a necessary party to the litigation and will also appear and submit their own expert report. The lender can't accept less than the debt.

This is a great point. Bank will definitely be your ally here. Bring them in this as soon as you can when/if you find they might come after the property. Found this recent blog post, which is interesting.
07-24-2009 09:16 AM
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Lord Stanley Offline
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Post: #29
RE: Eminent Domain - I need help
Jebus H Christie on a Stick, get yourself a lawyer.
07-24-2009 10:50 AM
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NIU007 Offline
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Post: #30
RE: Eminent Domain - I need help
You'll probably want to get your own appraiser. My parents got a lowball offer from the government appraiser for their property. They even had difficulty getting someone to appraise their home - we think the appraisers didn't want to tick off the government by essentially making them pay more for the property (maybe they'd lose business? not sure). I think my parents got a better appraisal that way, though they still basically got screwed since they had to pay for moving, a lawyer, and the appraiser. And if they had had a chance to put it on the market for a little while I'm sure they could have gotten more. Really sucks.

I understand the need for eminent domain but they really screw the homeowners the way they do it.
07-24-2009 05:09 PM
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Tripster Offline
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Post: #31
RE: Eminent Domain - I need help
.

I am watching a Swath of Land being stolen from owners whose ancestors go back over 150 Years in some cases, so they can, Dam, Flood, then Build a 5 Star Hotel, a 5 Star PGA Golf Course, Millions Dollar Seasonal Homes for the Extremely Wealthy, along with Boating and SCUBA businesses on the banks of a Super Huge Water Reservoir.

We are talking a Major Reservoir so large, it will rival Reservoirs all over the United States and they are using Eminent Domain to eek in on these land owners who have been fighting this thing for almost a Decade now.

This thing will only be about 5 Miles from my house if it ever gets completed and I stand to have a Windfall of probably $1 Million Dollars from the sale of my Property to which ever Rich Boy wants to buy it.

I mean a Scenic River just 1 Mile away from me with its own State Park just 3 Mile away and now a Reservoir with a 5 Star PGA Tiger Woods Golf Course, 5 Star Hotel and Restaurant and all the other goodies .... fed by Deep Natural Springs that will give it Cool Shining Blue Waters that are more than 5 miles across in all directions.

It will totally take in '2' Major State Highways that are necessary for Emergency Vehicles to save an extra 10 to 20 Minutes getting to Calls. In fact now that I think about it, at a couple of points, this thing will be over 10 Miles Across in some places .... this is NUTS man !!!!

And guess what, I am siding with the Land Owners and have Signed a Petition against this thing.

They with finally get these people land and build their reservoir, you can't stop them, all you can do is say you tried.

.
07-24-2009 05:49 PM
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