moneywise.com

'We wanted to stay there forever': This Oklahoma family was awarded $2.9M in lawsuit against turnpike authority — here's how to fight eminent domain

Serah Louis

4–5 minutes

Losing their home through eminent domain

The Brewers received a 30-day notice to vacate their home back in 2018 after it was seized by the state through eminent domain — which is when governments take over private property for public use.

Governments typically use eminent domain for transportation infrastructure, water supply, construction of public buildings or for defense readiness purposes. However, there have also been cases for establishing parks, preserving places of historic interest and protecting environmental spaces.

That said, the Fifth Amendment to the U.S. Constitution stipulates private property cannot be seized for public use without providing “just compensation.”

The OTA seized 46 acres of the Brewers’ total 140-acre property, splitting it in half, with its highest offer to the family coming to $1.5 million before litigation, reports KFOR. “It was an insult,” says Brewer.

Still, the legal wranglings might not be over just yet.

“The Brewers’ own expert’s opinion given during testimony was that their property was valued at $1.9 million, which is $1 million less than the ultimate jury award,” the OTA said in a statement shared with KOKH Fox 25. “OTA has 30 days from the judgment date to determine whether it will appeal the ruling and is currently considering how to proceed.”

The family says it’s important to ‘keep fighting’

While it can be tricky, there are some ways to challenge eminent domain — such as proving you haven’t been offered fair value for your property, or disputing whether it meets the requirements for public use.

"Just don't quit, you know. That's the main thing,” Samantha told KOKH Fox 25. “Keep fighting if you don't feel like you have been treated fairly. Just don't give up."

It can be helpful to work with a lawyer experienced in real estate law and eminent domain to help you with your case.

Rhonda Fisher, a licensed real estate broker and eminent domain expert, tells consumer advocacy website ConsumerNotice.org it can be harder to prove that the government isn’t justified in seizing your property — since they’re more likely to have conducted intensive research and planning.

But disputes often arise when it comes to fair compensation.

“Everyone thinks they know what something is worth. Value and what you are compensated aren’t always the same,” Fisher explains. “The government has a very different view of value versus how an owner may view a property that’s been in their family for 10 generations.”

I've had two run ins with eminent domain on my properties. Both times it worked out well.

Case #1 - At my storage facility. The State was widening a road through town, adding another lane. They ended up needing about 7 feet off the front of my property which extended to the edge of the road in a strip that ran across the entire front that was about 240 feet long. The area didn't have anything built on it other than a drainage ditch, which they proposed to replace with a concrete box culvert. For those approximately 1680 sq ft of commercial real estate, they paid me $46,000. I lost no functionality or usable space, and it ended up looking nicer with that crisp concrete culvert in place of the old ditch. I sold that property about a year later for a $140,000 profit, not including that part the State purchased from me. Call that a win!

Case #2 - At one of my automotive shops. City was putting in a new sewer line and needed temporary use (6 months) of some land on the far north side of my property, which I wasn't using for anything. Again, only about a 12 foot wide section that stretched the width of the property... about 400 feet. Dig a trench, install and bury the new sewer line, cover it up and fill in with gravel and seed with grass... all paid for by the City. Received $3100 for the time period and the land is still mine.

I don't know if the Govt bodies that handle Eminent Domain where I live are more fair-minded than others, but I've had no reason to "fight" any of this so far. It's been a pretty good deal, all things considered.

Many years before I was born they put an interstate thru my grandfathers property. State came in said they would pay $XX, he said no I want more, they said too bad.

The interstate is there. He ended up selling his property on the other side of it because it wasn't easy to get to any longer.

Google "New London versus Kelo". It was a debacle! A whole neighborhood in New London CT came under emanate domain back in early 2002 because Pfizer wanted the land for their executives.

The city fought against the people for 8 years, and spend 80 million dollars in the fight. In the end, Suzette Kelo, who was the last person trying to hold onto her house lost due to the Supreme Court's ruling by 1 vote!

After that catastrophe, nothing was ever built on the property after homes were destroyed. To this day, it is still vacant, weed infested, and litter strewn.

There is a great book about the tragedy called "Little Pink House" by Jeff Benedick. Also, a movie was made as well.

Read it...it will make your blood boil...