Eminent domain: Current Events  -- Current Events Health Happiness Discussion Forum and Review Eminent domain: Current Events -- Current Events Health Happiness Discussion Forum

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 12-02-2008, 09:46 Post: 158279
kthompson



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 Eminent domain

Our state is planning on building a road that on their desired path would destroy some family land. What they don't take they leave land locked. OK they will build a road across it and the other's land they are leaving land locked (Smart guys, did not realize they were leaving land locked, land) which would eat away at what is left to the point it would be worthless.

We and other land owners have requested them to shift the land about 200 yards to the land locked side and come back from there which would leave what ever land left accessible and much more valuable. Have presented maps and reason why they will end up paying more the route they are planning than making such a small shift. At same time they are avoiding the real big land owners (very noticeably) as they can afford all the legal fees that would be required to fight the state.

So here is where we are, we have some time as there is currently no funding for the road. So they are not able to announce locks on the land in selling or developing or such. Any idea on how to raise the value? We would be please to even get what was offered for the farm land joining but the market has dropped here as everywhere. I wish we had someone who wanted to install electric wind mills that way it would still be useable for farming as the desire is.

If I had the money to, had thought about digging a massive fish pond and pile the dirt where it would be safe. Then sell them the pond and dump truck loads of fill dirt. Am sure the fill dirt would be worth more than the land.






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 12-02-2008, 10:43 Post: 158280
earthwrks

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 Eminent domain

Boy are things much simpler down yonder. Here, if you want to dig a pond the Army Corp can get involved as do State and local authorities. Oh, and you say you want to "sell" the dirt? Well that's a whole different thing because now you're "mining" and some communities here prevent that.

As to what to do, I really don't have info (imagine that?)

Years ago I looked a 130 acre parcel of farm land. I was wet behind the ears and wanted to jump on it. Turned out there were huge power line easements totalling 40 acres that had sold 50 years earlier for $7 an acre, vast wetlands, local laws that prevented turning the huge waterhole into a pond, on and on. I walked away.






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 12-02-2008, 10:50 Post: 158281
kwschumm



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 Eminent domain

When we bought our 15 acres the rural power co-op had a blanket easement on the whole parcel. As part of the purchase they agreed to relinquish the easement in exchange for a future easement to cover right-of-way for lines that run along the north side of the property and the line to our house. They did relinquish the blanket easement but have never asked for a new one, and I'm not about to bring it up.






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 12-02-2008, 12:30 Post: 158286
kthompson



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 Eminent domain

EW, my understanding on digging here, if the dirt remains on that piece of land it is not mining. Only if moved off of that land is it mining. If you were doing grading for a subdivision you hit regulations but farm land is suppose to be much simpler. Maybe they ought to see about a crop loan to dig a catfish pond system? There probably is Federal money for such as that and then let the State DOT pay off that loan since they would own the catfish ponds. EW, think you could get a few gators from your friends in Lousiana? Might was gator ponds instead.

Ken, understand keeping your mouth shut.






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 12-02-2008, 13:45 Post: 158289
Murf



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 Eminent domain

An acquaintance of mine was faced with a similar situation a few years back, except in his case they just wanted a widening off the entire frontage of his lands.

He did as I suggested and planted a row of trees (free from the Government plantations) all along the frontage as a 'wind break' just as soon as he heard about the plans to widen the road.

By the time it came to actually acquire the land for the road work those trees were by then worth a small fortune as 'nursery stock'.

In the end they took the land, trees and all, and paid him full price for every single tree and transplanted them all along the new road for miles, instead of the 6' spacing he had planted them. As a condition of sale though he insisted they plant a cedar hedge to screen his view.

I bet trees grow pretty good down there. Wink yeah right

Best of luck.






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 12-02-2008, 14:57 Post: 158291
auerbach



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 Eminent domain

Not sure this is an issue of eminent domain, but you are dealing with state and municipal statutes and precedent, and conceivably with county, parish, federal, whatever, and their branches (from wildlife to, as mentioned, mining). There are professional planners or development consultants or whatever they call themselves, people who know these ropes, and for a reasonable fee, will outline your options (and those of your opponents). That's the next step I'd take.

You might have to do some searching to find one. You could call the nearest city's Planning Dept, ask to speak with a planner, and ask if they know of someone in private practice who advises on these issues. (They know each other.) It would be easy to find a lawyer who specializes in property law, but they charge more, and would have an interest in recommending that you hire them to act for you.






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 12-02-2008, 16:24 Post: 158294
kthompson



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OK, my brothers to the North what good ideas. Murf lots of nursery stock gone near here. Have an aquanatnce in that business. Matter of fact he tried to rent the same land a few years ago.

AB, never thought of that either. Talked with attorney and his advice, nothing you do will make any real difference. Well he did not change anything for that either.

As I told our county officials at least on two different occasions let me learn the rules and then I can play your game with you. That is where money helps as it hires those who knows the rules to begin with. Had a real estate appraiser who works to prove the value of land being taken don't miss the loss of "peace and quite". It is a something you can be hold up as loss to be paid for.






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 12-02-2008, 18:18 Post: 158300
hardwood

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 Eminent domain

I dont know much about the laws of Iowa let alone other states, but a couple things I have known about and been involved with are. First a case of a private individual selling an eighty acres that somehow left another person with fourty some acres landlocked by the sold eighty on one side and a river on the other. The new owner refused to give the owner of the fourty access across his newbought eighty. OK, push came to shove, and the court sided with the fourty acre guy giving him access at anytime across anyplace he chose to cross the eighty. The county regraded the road along some of our property about ten years ago, they wanted to move the right of way over into our field to straighten out a crook in the road. They asked me if I would sell the land for the road change, I said no, no harsh words were spoken, they went away, graded the road with the crook in it and that was the end of the story. Kind of amazed me. Frank.






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 12-02-2008, 22:20 Post: 158306
Chief



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 Eminent domain

KThompson,

Spend a few bucks and talk to these guys. They are the sabre toothed tigers of eminent domain fighting.






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