[Sca-librarians] (no subject)

[Huette von Ahrens]

 --- Sally Burnell <sburnell at raex.com> wrote:
 
> I would contact your Congressman, who should be
> Tim Ryan, if you are in the 17th Congressional 
> district. He may be able to help you. 
 
> Otherwise, you could put your house on the market
> for about 4 times the value. This would make it too 
> expensive for the city to afford to proceed with 
> their plan, and if they do go for your asking price,
> you could afford to move just about wherever you
>want!
> 
> 
> Just a few ideas!
> 
> ~Saradwen

That wouldn't work in an Eminent Domain case.  The
law requires "Fair Market Value".  This is decided
by a panel of realtors from the area.  The price
usually decided on is the high end of the valuation,
but in no case would allow four times the actual
value.  Yes, a property owner can ask for more than 
the property is actually worth, but the city or
agency involved will very likely take the home owner 
to court if the price is unreasonable.
 
Community activism is a better solution. Protests,
petitions, media attention; all these will tell City
Hall that you are not willing to roll over and play
dead.  Get them to realize that the project will
cause a lot of bad publicity.  Find out if this
project is something that the majority of the people
really want.  Propose alternatives that will be
less costly to the city, ones that will take the
least amount of homes, including yours.  Remind
the city that with each lost home they are loosing
property tax revenues.  Get them to make these
decisions before they use Eminent Domain.
 
What is "eminent domain"?
 
"Eminent domain" (also called "condemnation") is the
power of government agencies to acquire property for
"public use" so long as the government pays "just
compensation." Recognized public uses for which the
power of eminent domain may be used include, among
other things, schools, parks, roads, highways, 
subways, fire and police stations, public buildings,
and the elimination of blight through redevelopment.
A key attribute of eminent domain is that the
government can exercise its power of eminent domain
even if the owner does not wish to sell his or her
property. 

Can I challenge the government's right to acquire my
property?
 
Even though the vast majority of government agencies
possess the power of eminent domain, on occasion, a
successful challenge to the government's right to
take a particular property for a particular project 
can be made. You should be cautioned, however, that
such challenges are the exception, not the rule, and 
usually result only in a delay, rather than outright
prevention of the government's right to take.
 
Typical challenges to the right to take are for 
failure of the government to follow the proper
procedural steps towards eminent domain. If the
government fails to follow the proper procedures, a
right to take challenge is sometimes possible.
Again, however, it must be remembered that the
circumstances allowing a successful challenge to the
right to take are rare. Each case must be evaluated on
its own facts and experienced eminent domain counsel
should be consulted. Seeking compensation for the
taking, rather than challenging the government's right
to take, will be the property owner's usual remedy.
 
In all cases, you should find a lawyer who is
experienced in eminent domain law.  Call your local
bar association for a list of such lawyers in your
area.  Make sure that you know all your options 
before you sign away anything.  Or go here:
 
http://www.lawyerfinder.com/lawfirms/law.asp?lawid=22
 
Huette



		
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