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 Posted: Wed Apr 1st, 2009 10:45 pm
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silentkiller



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What are your thoughts on eminent domain?



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 Posted: Wed Apr 1st, 2009 10:49 pm
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gwlee7
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Has the city condemned your less than 10 year old house so they can put a parking lot there or something?



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 Posted: Wed Apr 1st, 2009 11:18 pm
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thunderbolt
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In my opinion, the scariest turn America's taken in the last 20 years or so was when the Supreme Court held that municipalities could use eminent domain to take private property to facilitate privately owned commercial endeavors.  While that use of the doctrine isn't prohibited by the constitution, I think John Adams would be rolling in his grave at the though of private homes being "taken" so a strip mall can be constructed, all because the strip mall generates more tax revenue than the homes being bulldozed.

I've litigated a few of these cases and the property owner never wins the "can they do it" argument, it always comes down to the compensation.  Until an appellate case I was involved in, in CA the doctrine had always been that the government was only obligated to pay true "as is" fair market value at the time of the condemnation, with no consideration whatsoever given to best and highest use in the event of underutilized properties with unrealized upside potential.  At least that part has been changed.



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 Posted: Thu Apr 2nd, 2009 12:28 am
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Benlen



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There is a house in the middle of a high school I visited once. It was fenced in with a few dobermans running around. I asked why it was there and someone told me they didn't want to sell so they built the high school around it.



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 Posted: Thu Apr 2nd, 2009 12:49 am
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Married Jo



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thunderbolt wrote: In my opinion, the scariest turn America's taken in the last 20 years or so was when the Supreme Court held that municipalities could use eminent domain to take private property to facilitate privately owned commercial endeavors. I agree with you 100%...



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 Posted: Thu Apr 2nd, 2009 02:53 am
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Kid_Naitch



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A portion of my workload consists of processing condemnation (eminent domain) proceedings on commercial properties from a lender's perspective. I'd say they're about 15% of what I do. So, in that regard, they're part of what keeps me employed so I can't gripe.



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 Posted: Thu Apr 2nd, 2009 01:03 pm
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carpetbeggar
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Kid_Naitch wrote: A portion of my workload consists of processing condemnation (eminent domain) proceedings on commercial properties from a lender's perspective. I'd say they're about 15% of what I do. So, in that regard, they're part of what keeps me employed so I can't gripe.

That seems like a high number. I didn't realize it happened so frequently, I thought it only happened, once in a while.

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 Posted: Thu Apr 2nd, 2009 01:14 pm
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Principal_Raditch



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They pulled that shit about 8 blocks down the road from me. They wanted to build an open air mall. They went around trying to buy up the 10 or so odd houses that populated the land. When they got to the point the owners wouldn't sell they used eminent domain to get the houses, so we could be "blessed" with a mall. In KC this has actually become a big problem, especially in the north end where I live, where development has been pushed much more in the last 10 years.

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 Posted: Thu Apr 2nd, 2009 01:48 pm
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Kid_Naitch



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carpetbeggar wrote: Kid_Naitch wrote: A portion of my workload consists of processing condemnation (eminent domain) proceedings on commercial properties from a lender's perspective. I'd say they're about 15% of what I do. So, in that regard, they're part of what keeps me employed so I can't gripe.

That seems like a high number. I didn't realize it happened so frequently, I thought it only happened, once in a while.

There's tons of small stuff, though. Like taking a sliver of property to add a turn lane or widen a road or moving signage near a shopping mall to put in a stoplight. Stuff like that. There really isn't much "let's knock down an office building to build a freeway" type stuff.



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