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#41
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Virginia wants $160,000 back
"Lab Lover" wrote in message ... In the example you cited, it would appear people were not required, through eminent domain, to sell their property as the man you mention was able to keep his land. The man got to keep his property, but it was with the understanding that part of it was going to be under water and that at a later time he could not come back and want money for it just because it was under water. That was many years ago (like over 60 years) so the law may be differant now, I don't know. That way he could put in whatever kind of dock and boat ramp he wanted to out to the end of where his land was under water. --- This email is free from viruses and malware because avast! Antivirus protection is active. http://www.avast.com |
#42
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Virginia wants $160,000 back
On Mon, 10 Feb 2014 15:51:01 -0500, "Ralph Mowery"
wrote: "Lab Lover" wrote in message .. . In the example you cited, it would appear people were not required, through eminent domain, to sell their property as the man you mention was able to keep his land. The man got to keep his property, but it was with the understanding that part of it was going to be under water and that at a later time he could not come back and want money for it just because it was under water. That was many years ago (like over 60 years) so the law may be differant now, I don't know. That way he could put in whatever kind of dock and boat ramp he wanted to out to the end of where his land was under water. Sounds like the owner had excellent instincts and was quite clever. |
#43
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Virginia wants $160,000 back
On Monday, February 10, 2014 3:20:52 PM UTC-5, Lab Lover wrote:
On Mon, 10 Feb 2014 11:18:31 -0800 (PST), " wrote: On Monday, February 10, 2014 1:56:25 PM UTC-5, Lab Lover wrote: On Mon, 10 Feb 2014 13:39:52 -0500, "Ralph Mowery" wrote: "Lab Lover" wrote in message .. . When a government entity acquires a piece of property from a private owner, even if the process of condemnation is used, it is common place for both parties to hire a private, licensed property appraiser. Appraisers are usually indemnified against errors and omissions by a O&E insurance policy. If the price paid by the state was based upon such an appraisal, the logical recourse would be to go after the appraiser. If they purchased without an appraisal or ignored the appraisal completely, I would speculate they have little chance of success. However, if they can prove the seller materially misrepresented the property, they might have legitimate recourse. If I were a member of the jury, on the basis of the known facts, I would find in favor of the homeowner. There is one thing I have not seen factored into the land grab by the government. Land in the country is not worth very much. Once the road or lake is built the land next to the road/lake can become very valuable. Why is the government forced to pay the price of the projected value of that land ? In this area many years ago a river was damed up and a lake made. Many people had to sell their land for almost nothing. One fellow did not sell much of his land. Move forward about 20 years. The land around this lake is now worth many times the origional price. Part of the land that the fellow did not sell is under water and part of it is not. The people in charge of the lake have many restrictions on the boat docks and ramps that can be built. Because this one person did not sell his land for the low price the lake people wanted to give him, his land is now worth much more because he can build any kind of dock he wants to, and do whatever he wants to right up to and into the water where some of his land is. In my opinion the governmnet should be forced to look at the highest priceof the land with in 10 miles or more and have to pay tht price. We are the government. The government is us. I would not wish to see a government which I fund, pay any more than current fair market value as determined by impartial appraisers. In the example you cited, it would appear people were not required, through eminent domain, to sell their property as the man you mention was able to keep his land. Of course it was a case of eminent domain. That's why there was no completed sale. They didn't take the entire property, just piece of the land. If the man who did not sell his property (above) were subject to an eminent domain condemnation of all his property and was unable to challenge such successfully, he would not have been able to keep his property I suspect this is what you were conveying? No, I don't see any evidence that they ever wanted all of his property. They just wanted a small portion of the land from the lot his house is on for the additional exit lane. Very common. \ Even in the case of eminent domain, there is no justification in paying more than current fair market value as no one has yet invented a reliable, prescient crystal ball. I'd say there is some justification. You took someone's home or land. If you're taking a whole home, you're forcing someone to move. IDK about you, but if someone forced me to give up a house that I've lived in for 30 years, that I like a lot, that I'm comfortable ien, I think some additional compensation beyond just the fair market value of the house is in order. And as a taxpayer, I have no problem with the govt going with a somewhat higher number. Instead in all the cases I see, the govt tries to lowball it to the extent possible. In the case on eminent domain condemnation of primary residences, most jurisdictions will provide for reasonable relocation expenses, above and beyond FMV of the property. I have yet to see a jurisdiction in the USA where a government has been able to acquire property, through eminent domain, where the property owner did not have the right to due process and judicial appeal. Are you aware of any such omnipotent jurisdictions? Sure you have the right to due process and judicial appeal. So what? You're 80 years old and have lived there all your life. They offer you $250K, because that is what their appraiser says your homestead is worth. You have an appraiser that says it's worth $325K. The typical case here is they won't budge, screw you. They rather start the legal bill clock running, because those that write the laws anc control the process, ie the politicians, etc a lot of them are lawyers. Lawyers are their friends. So, they actually prefer that $75K go to law firms, their contributors, friends, connected, etc instead of just giving the old guy the $325K That kind of sounds like what's going on here. They already have racked up $35K in outside legal bills, trying to recover $160K, on the *chance* that they might win. It's not like it's clear that he owes them $160K, the trial result could be that he wins. |
#44
Posted to alt.home.repair
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Virginia wants $160,000 back
On Mon, 10 Feb 2014 13:12:20 -0800 (PST), "
wrote: On Monday, February 10, 2014 3:20:52 PM UTC-5, Lab Lover wrote: On Mon, 10 Feb 2014 11:18:31 -0800 (PST), " wrote: On Monday, February 10, 2014 1:56:25 PM UTC-5, Lab Lover wrote: On Mon, 10 Feb 2014 13:39:52 -0500, "Ralph Mowery" wrote: "Lab Lover" wrote in message .. . When a government entity acquires a piece of property from a private owner, even if the process of condemnation is used, it is common place for both parties to hire a private, licensed property appraiser. Appraisers are usually indemnified against errors and omissions by a O&E insurance policy. If the price paid by the state was based upon such an appraisal, the logical recourse would be to go after the appraiser. If they purchased without an appraisal or ignored the appraisal completely, I would speculate they have little chance of success. However, if they can prove the seller materially misrepresented the property, they might have legitimate recourse. If I were a member of the jury, on the basis of the known facts, I would find in favor of the homeowner. There is one thing I have not seen factored into the land grab by the government. Land in the country is not worth very much. Once the road or lake is built the land next to the road/lake can become very valuable. Why is the government forced to pay the price of the projected value of that land ? In this area many years ago a river was damed up and a lake made. Many people had to sell their land for almost nothing. One fellow did not sell much of his land. Move forward about 20 years. The land around this lake is now worth many times the origional price. Part of the land that the fellow did not sell is under water and part of it is not. The people in charge of the lake have many restrictions on the boat docks and ramps that can be built. Because this one person did not sell his land for the low price the lake people wanted to give him, his land is now worth much more because he can build any kind of dock he wants to, and do whatever he wants to right up to and into the water where some of his land is. In my opinion the governmnet should be forced to look at the highest priceof the land with in 10 miles or more and have to pay tht price. We are the government. The government is us. I would not wish to see a government which I fund, pay any more than current fair market value as determined by impartial appraisers. In the example you cited, it would appear people were not required, through eminent domain, to sell their property as the man you mention was able to keep his land. Of course it was a case of eminent domain. That's why there was no completed sale. They didn't take the entire property, just piece of the land. If the man who did not sell his property (above) were subject to an eminent domain condemnation of all his property and was unable to challenge such successfully, he would not have been able to keep his property I suspect this is what you were conveying? No, I don't see any evidence that they ever wanted all of his property. They just wanted a small portion of the land from the lot his house is on for the additional exit lane. Very common. I see the confusion. I was talking about the other scenario of the man who kept his property which ultimately became lakefront property. See the posts from Ralph Mowery. \ Even in the case of eminent domain, there is no justification in paying more than current fair market value as no one has yet invented a reliable, prescient crystal ball. I'd say there is some justification. You took someone's home or land. If you're taking a whole home, you're forcing someone to move. IDK about you, but if someone forced me to give up a house that I've lived in for 30 years, that I like a lot, that I'm comfortable ien, I think some additional compensation beyond just the fair market value of the house is in order. And as a taxpayer, I have no problem with the govt going with a somewhat higher number. Instead in all the cases I see, the govt tries to lowball it to the extent possible. In the case on eminent domain condemnation of primary residences, most jurisdictions will provide for reasonable relocation expenses, above and beyond FMV of the property. I have yet to see a jurisdiction in the USA where a government has been able to acquire property, through eminent domain, where the property owner did not have the right to due process and judicial appeal. Are you aware of any such omnipotent jurisdictions? Sure you have the right to due process and judicial appeal. So what? You're 80 years old and have lived there all your life. They offer you $250K, because that is what their appraiser says your homestead is worth. You have an appraiser that says it's worth $325K. The typical case here is they won't budge, screw you. They rather start the legal bill clock running, because those that write the laws anc control the process, ie the politicians, etc a lot of them are lawyers. Lawyers are their friends. So, they actually prefer that $75K go to law firms, their contributors, friends, connected, etc instead of just giving the old guy the $325K This has not been my personal experience, most jurisdictions I have encountered are more than willing to negotiate in good faith. However, I have seen homeowners, thinking they have the city over a barrel, make very poor tactical choices and find themselves behind the 8 ball with the jurisdiction. That kind of sounds like what's going on here. They already have racked up $35K in outside legal bills, trying to recover $160K, on the *chance* that they might win. It's not like it's clear that he owes them $160K, the trial result could be that he wins. The state of Virginia sounds like they are very unethical if not downright gangster-like. |
#45
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Virginia wants $160,000 back
On 2/10/2014 11:27 AM, Oren wrote:
On Mon, 10 Feb 2014 07:06:31 -0500, Stormin Mormon wrote: So, you think we're total idiots? Emoticons are for inarticulate ****ers. I must be an unarticulate copulating denizen of Usenet? ^_^ TDD |
#46
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Virginia wants $160,000 back
On Mon, 10 Feb 2014 17:09:06 -0600, The Daring Dufas
wrote: On 2/10/2014 11:27 AM, Oren wrote: On Mon, 10 Feb 2014 07:06:31 -0500, Stormin Mormon wrote: So, you think we're total idiots? Emoticons are for inarticulate ****ers. I must be an unarticulate copulating denizen of Usenet? ^_^ TDD :-\ |
#47
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Virginia wants $160,000 back
On Mon, 10 Feb 2014 17:09:06 -0600, The Daring Dufas
wrote: On 2/10/2014 11:27 AM, Oren wrote: On Mon, 10 Feb 2014 07:06:31 -0500, Stormin Mormon wrote: So, you think we're total idiots? Emoticons are for inarticulate ****ers. I must be an unarticulate copulating denizen of Usenet? ^_^ Hey, get your own title, that one is mine! |
#48
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Virginia wants $160,000 back
On 2/10/2014 6:10 PM, Lab Lover wrote:
On Mon, 10 Feb 2014 17:09:06 -0600, The Daring Dufas wrote: On 2/10/2014 11:27 AM, Oren wrote: On Mon, 10 Feb 2014 07:06:31 -0500, Stormin Mormon wrote: So, you think we're total idiots? Emoticons are for inarticulate ****ers. I must be an unarticulate copulating denizen of Usenet? ^_^ Hey, get your own title, that one is mine! I thought you was Super Fly? o_O TDD |
#49
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Virginia wants $160,000 back
Oren posted for all of us...
And I know how to SNIP Buyer's remorse. Bought land 30 feet from home owners bedroom window. Video: http://video.foxnews.com/v/3171625043001/buyers-remorse-state-says-it-overpaid-for-homeowners-yard/#sp=show-clips Court is in session on Monday. Haaaaaaa poor Mr. Ramsey. He will get screwed... -- Tekkie |
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