Eminent Domain (by Roy [AL]) Feb 26, 2025 2:35 PM
Eminent Domain (by RB [TN]) Feb 26, 2025 2:55 PM
Eminent Domain (by Roy [AL]) Feb 26, 2025 3:17 PM
Eminent Domain (by S i d [MO]) Feb 26, 2025 3:19 PM
Eminent Domain (by Ken [NY]) Feb 26, 2025 3:49 PM
Eminent Domain (by 6x6 [TN]) Feb 26, 2025 4:17 PM
Eminent Domain (by Ray-N-Pa [PA]) Feb 26, 2025 5:13 PM
Eminent Domain (by Roy [AL]) Feb 26, 2025 5:57 PM
Eminent Domain (by Ken [NY]) Feb 26, 2025 6:32 PM
Eminent Domain (by WMH [NC]) Feb 26, 2025 6:55 PM
Eminent Domain (by Roy [AL]) Feb 26, 2025 7:12 PM
Eminent Domain (by NE [PA]) Feb 26, 2025 7:24 PM
Eminent Domain (by MikeA [TX]) Feb 26, 2025 8:07 PM
Eminent Domain (by Ken [NY]) Feb 26, 2025 8:08 PM
Eminent Domain (by Robert J [CA]) Feb 26, 2025 9:01 PM
Eminent Domain (by Roy [AL]) Feb 26, 2025 9:41 PM
Eminent Domain (by Otis [IL]) Feb 26, 2025 11:46 PM
Eminent Domain (by Ray-N-Pa [PA]) Feb 27, 2025 6:43 AM
Eminent Domain (by Marv [IL]) Feb 27, 2025 8:23 AM
Eminent Domain (by Roy [AL]) Feb 27, 2025 8:33 AM
Eminent Domain (by T [IN]) Feb 27, 2025 9:58 AM
Eminent Domain (by Roy [AL]) Feb 27, 2025 10:59 AM
Eminent Domain (by gevans [SC]) Feb 27, 2025 11:52 AM
Eminent Domain (by Roy [AL]) Feb 27, 2025 12:55 PM
Eminent Domain (by Dave [MO]) Feb 27, 2025 2:08 PM
Eminent Domain (by RentsDue [MA]) Feb 27, 2025 2:30 PM
Eminent Domain (by RentsDue [MA]) Feb 27, 2025 2:30 PM
Eminent Domain (by zero [IN]) Feb 28, 2025 9:22 AM
Eminent Domain (by Roy [AL]) Feb 28, 2025 10:21 AM
Eminent Domain (by zero [IN]) Mar 1, 2025 8:08 AM
Eminent Domain (by T [IN]) Mar 1, 2025 10:08 AM
Eminent Domain (by T [IN]) Mar 1, 2025 10:08 AM
Eminent Domain (by Phil [OR]) Mar 7, 2025 6:26 PM
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Eminent Domain (by Roy [AL]) Posted on: Feb 26, 2025 2:35 PM Message:
Has anyone here ever had a property taken from you by virtue of Eminent Domain?
For the last 5 years, the AL Dept. of Transportation has been planning on building a 4 lane highway that will connect the East and West sections of my city. This proposed highway will require the State of Al to buy every house that is currently located on a 1/2 mile section of Taylor Street. And I have a rental house on Taylor Street which I think is worth at least $60,000. (I paid $5K for the house in 2007 but that is just a minor insignificant detail in 2025).
In today's mail, I received a certified letter from the appraiser who the State of AL has contracted with to appraise all of the houses on Taylor Street. I will meet this man next Wednesday at my rental house on Taylor Street. He will need to go inside the house and do an inspection to complete his appraisal forms. Plus, I have a tenant in this house and she will be in a for a surprise when the appraiser tells her why he is there. I will give her a heads-up the day before.
That is all I know for the time being. Has anyone else here been through this? --76.29.xxx.xx |
Eminent Domain (by RB [TN]) Posted on: Feb 26, 2025 2:55 PM Message:
Effective way to get rid of residential blight. --69.130.xxx.xxx |
Eminent Domain (by Roy [AL]) Posted on: Feb 26, 2025 3:17 PM Message:
RB.
I have always had the best looking house on Taylor Street because I invested in vinyl siding and new windows for this house soon after I bought in 2007. I am now wondering if that vinyl siding will make any difference in the upcoming appraisal.
I will admit that Taylor St does not have the best reputation in my town but since 2007, I have made a small fortune just by renting out this humble no-frills 800 sq.ft. 2/1 house on Taylor Street. It will probably be bulldozed in about one year. --76.29.xxx.xx |
Eminent Domain (by S i d [MO]) Posted on: Feb 26, 2025 3:19 PM Message:
The MO Dept of Transportation (MODOT) decided to widen one of the main East to West streets in town, which is where I used to own a self-storage facility. The land was zoned commercial already, of course, since I was running a business. The front of my lot was a storm water drainage ditch... grass and dirt only. So it wasn't of much use to me and I had to pay someone to mow it since I owned it and the City just had an easement.
They needed about 6 feet off the front of my lot and 6 feet off the other side of the road to widen it one lane, but 4 of those 6 feet on my side were already the useless-to-me drainage ditch. Their plan was to convert that to a concrete box culvert. So only 2 feet of usable-to-me space were needed. No problem. They wrote me a check for $46,000 and I happily took it, then sold the place to another investor before they even began work on it. I fully disclosed what MODOT was doing, and they likewise had no concerns.
I also have a commercial property where a City sewer line runs under the grass on the north side of the lot that they need to dig up and replace. For that, the wrote me a check for $3,400 for a temporary 6-month easement, after which they'll refill the hole with dirt and seed it. That was 2 years ago. To date, they've done nothing. They still have their easement because it lasts until they start the work, and then the clock starts ticking. But who knows? I may sell this place some day before they do anything, just like the storage facility.
Almost $50K cash in the bank for giving up almost nothing. I kinda like eminent domain, based on my experience!
--184.4.xx.x |
Eminent Domain (by Ken [NY]) Posted on: Feb 26, 2025 3:49 PM Message:
Roy,if you have the nicest house in theory you should get paid for it,maybe bring some high comps for the appraiser to use.I would play games with them, i would have a friend sue me and win and file a large judgment,larger than the value of the house and see if they will just pay it off --157.245.xxx.xx |
Eminent Domain (by 6x6 [TN]) Posted on: Feb 26, 2025 4:17 PM Message:
Would you get more money if it is appraised as a rental vs. just a SFH? --73.19.xxx.xx |
Eminent Domain (by Ray-N-Pa [PA]) Posted on: Feb 26, 2025 5:13 PM Message:
Roy do you need me to generate an option to purchase your place for say $90,000.
Oh yeah, if it is worth $60, but you have an out of state buyer willing to buy it for 90.......shouldn't you get at least 70 then from DOT?
--50.96.xx.xxx |
Eminent Domain (by Roy [AL]) Posted on: Feb 26, 2025 5:57 PM Message:
The appraiser told me on the phone it would be a market value appraisal. It will be the same appraisal that one would get if a bank had ordered the appraisal for a mortgage. Last July, I sold another similar house in this same neighborhood for $57,500. --76.29.xxx.xx |
Eminent Domain (by Ken [NY]) Posted on: Feb 26, 2025 6:32 PM Message:
Roy, would you accept $57500 and be happy about it? personally i think there should be a premium and no income tax on something the govt takes lke that --157.245.xxx.xx |
Eminent Domain (by WMH [NC]) Posted on: Feb 26, 2025 6:55 PM Message:
Is it taxable income??? You don't WANT to sell it... --72.82.xx.xx |
Eminent Domain (by Roy [AL]) Posted on: Feb 26, 2025 7:12 PM Message:
Ken,
I would like to add about 2 years of lost rental income ($15K) to the appraised value of this house which would compensate me for my time in obtaining another similar house (and tenant) to replace the house that will be eventually bulldozed. I consider this a business transaction.
If any homeowner on Taylor Street does not like the first offer they receive, they have the right to appeal it in front of a circuit judge at a later date. However, in the end, Eminent Domain will prevail one way or another.
--76.29.xxx.xx |
Eminent Domain (by NE [PA]) Posted on: Feb 26, 2025 7:24 PM Message:
You should definitely factor lost rent in. Go for 2 years. Insurance will give 6 months on a total loss. Wouldn’t hurt to try. --24.152.xxx.xx |
Eminent Domain (by MikeA [TX]) Posted on: Feb 26, 2025 8:07 PM Message:
My dad was the king of these situations. Once he found out what properties were likely to be taken he would buy up as many of them as possible. People are funny, once they find out they might lose the house to ED they often will sell at a discount out of fear of the unknown.
On the selling side, usually the State hired appraiser will asses it to the high side. Politicians don't like headlines where Grandma didn't get enough out of her house to replace it so the highway department is ok with the appraisals going in a little high. Then, when you get the notice go talk to them and tell them that you think the appraisal was low by 10% and are prepared to appeal it all the way up. Ray's option to purchase is one of many things you can use to show them that it was low, your own paid-for appraisal is another. Besides, 10% is way less than their cost to fight the appeals as well as the time delay they want to avoid. There's money to be made on these deals. There's probably an anxious property owner on that street that would sell to you at a discount to avoid all the mess. You should be able to clear 20% profit on every one you buy at discount. --209.205.xxx.xx |
Eminent Domain (by Ken [NY]) Posted on: Feb 26, 2025 8:08 PM Message:
Roy,another idea, the city may own a bunch of houses all over town, maybe you could make a deal and trade them for something you like, maybe even get 2 or three places for the one they need from you. --157.245.xxx.xx |
Eminent Domain (by Robert J [CA]) Posted on: Feb 26, 2025 9:01 PM Message:
Yes, But I out smarted the City. I had my defense attorney put a lien against my property, in question, for his legal bills.
There is a law that if the City takes a property under Eminent Domain, they have to pay all liens. --47.155.xx.xx |
Eminent Domain (by Roy [AL]) Posted on: Feb 26, 2025 9:41 PM Message:
MikeA (TX)
Most of the houses on Taylor Street are landlord owned. There are a few elderly homeowners still left on the block but for the most part, 80% of the houses are already investor owned. It has been that way for decades too.
Also, the appraiser told me on the phone they have what are called "relocation counselors" which will assist my tenants in finding another place to live. In addition, they (ALDOT) will pay the relocated tenant's rent for at least 6 months until they are settled. And that rent is paid directly to the landlord too! --76.29.xxx.xx |
Eminent Domain (by Otis [IL]) Posted on: Feb 26, 2025 11:46 PM Message:
Haven’t been through it myself but have followed closely where they have a situation a lot like yours in the town I invest in.
They are putting high speed rail (train tracks) right through town. There is a section of town where the city bought out all the houses within 2 blocks of where the rails are going through. Luckily for the city, that area is pretty run down. I believe it is federal funds the city used to purchase the property.
Any of the houses that were occupied I know funds were given to the tenants in order for them to relocate. The property owners didn’t make out like bandits but were treated pretty fair with the price they received for their properties.
A couple months after the properties were all purchased and boarded up…….in rolled the bulldozers and heavy machinery. Nothing but dirt lots now. --24.52.xxx.xxx |
Eminent Domain (by Ray-N-Pa [PA]) Posted on: Feb 27, 2025 6:43 AM Message:
Aren't many of your homes in the same area? How will sale of the one property impact your portfolio? --50.96.xx.xxx |
Eminent Domain (by Marv [IL]) Posted on: Feb 27, 2025 8:23 AM Message:
If the state takes the property, you have two years to replace the property and avoid taxes. Kind of like a 1031 conversion. --98.34.xx.xxx |
Eminent Domain (by Roy [AL]) Posted on: Feb 27, 2025 8:33 AM Message:
Ray N Pa,
Yes, I have other rental properties located in this section of town. Right now, driving from the east to the west section of town is a PITA since it is highly congested with traffic. This new 4 lane highway should be a relief if it speeds up the flow of traffic. The east side of my city is where all of the big box stores are,..Lowes, Walmart, Target, etc and connecting this area with the west side with a 4 lane highway should be a positive thing. However, new road construction moves slowly here whenever Eminent Domain is involved. I predict it will be a minimum of 3 more years before any bulldozers show up.
On a side note, 20 years ago, Walmart wanted to build a Super Walmart here that would require them buying out an entire neighborhood of 150 houses all with people living in them. At the time, market value of each house was approx. $25,000. Deep pocket corporate buyers at Walmart offered each homeowner $90,000 cash for their houses under one condition, you had to be moved out in 90 days or less before you could collect your cash payment. Without any ED involved here, those 150 homeowners agreed to sell their houses to Walmart quickly. The bulldozers came and leveled the entire neighborhood and now we a Super Walmart there. --76.29.xxx.xx |
Eminent Domain (by T [IN]) Posted on: Feb 27, 2025 9:58 AM Message:
Had one taken via power company, not DOT. I was thinking 60K based on rent income, they started at 32K. Back and forth for a year. Less than a month to court start date; my attorney got them to agree to 50K. But I had almost 5k in attorney bills. If I went to court, I could have gotten the 60K or the 32K if jury agreed. But my attorney cost would have been 20K....
My advice: somewhere in your state is an attorney that does nothing but eminent domain cases. Get them to do it for a %, not by the hour. I got a property right now that has a 2 lane road going to a 4 lane road. Need land from me. Got an attorney to do it for a flat %. How it works, if INDOT offer 100K... he gets it negotiated to 200K, he gets 25% of the 100K higher price. Goes to court, its 35% of the higher valuation. If he doesn't get a higher price, his loss. --170.203.xxx.xx |
Eminent Domain (by Roy [AL]) Posted on: Feb 27, 2025 10:59 AM Message:
T (IN)
6 months ago I was contacted by a law firm that specializes in EM cases. They were not even located in my own state. I am sure they mailed letters to everyone on Taylor Street. Whenever there is an opportunity to make a buck, the legal vultures seem to be everywhere. --76.29.xxx.xx |
Eminent Domain (by gevans [SC]) Posted on: Feb 27, 2025 11:52 AM Message:
I like the idea of trading for other city owned properties. They may even let you renovate and move your current tenant into the new house before they tear down the old one.
Or...they don't want that house. You could definitely get permission to remove your new windows and siding to use on another house. It might be worthwhile to remove HVAC, water heater stove, other appliances, wiring... AND... you might could do the same to other houses on that block!
OR... you could negotiate as a contractor to get PAID to remove all that stuff! When it comes to government, there are lots of dollars to be made. --74.222.xx.xxx |
Eminent Domain (by Roy [AL]) Posted on: Feb 27, 2025 12:55 PM Message:
Gevans,
My city has a lot of vacant lots where houses use to be located before the city knocked them down with a backhoe. them. When there are no buyers at the tax sales, those houses eventually get demolished. My city has it own CAT front end loader with a back hoe on the rear. Combined with a dump truck, the city can make a house disappear in just a few hours. --76.29.xxx.xx |
Eminent Domain (by Dave [MO]) Posted on: Feb 27, 2025 2:08 PM Message:
Let them know this is your best rental and add for lost rent. --67.61.xxx.xxx |
Eminent Domain (by RentsDue [MA]) Posted on: Feb 27, 2025 2:30 PM Message:
Best of luck to you. I have a similar situation going on right now. City wanted to use my yard ( about 1/3 acre) for their equiptment, etc. while they were working on demolishing a property next door. They offered me about $200.00 for a 3 year easement. I said no, it's worth more than that and they took it anyway and I got nothing. --68.191.xx.xx |
Eminent Domain (by RentsDue [MA]) Posted on: Feb 27, 2025 2:30 PM Message:
Best of luck to you. I have a similar situation going on right now. City wanted to use my yard ( about 1/3 acre) for their equiptment, etc. while they were working on demolishing a property next door. They offered me about $200.00 for a 3 year easement. I said no, it's worth more than that and they took it anyway and I got nothing. --68.191.xx.xx |
Eminent Domain (by zero [IN]) Posted on: Feb 28, 2025 9:22 AM Message:
Grandparents on both sides lost property when they put an interstate in.
One lost a lot of property. State said we will give you this much per acre, they wanted more, state came back and said no, we will give you this much. That's how it ended.
Other set lost all the property including their house. While they were not happy with it they did get what they thought was fair and they were allowed to demo anything on the property. I guess they took everything worth anything out of the house.
My dad remembers moving the flagged stakes in an effort to keep them from taking the property. He was pretty young and only knew a little of what was going on. Now he drives on an overpass and remembers that he used to live there. --107.147.xx.xx |
Eminent Domain (by Roy [AL]) Posted on: Feb 28, 2025 10:21 AM Message:
Zero,
I will ask the appraiser if I will be allowed to remove certain items (windows, water heater, etc) once the ALDOT condemns the house. --76.29.xxx.xx |
Eminent Domain (by zero [IN]) Posted on: Mar 1, 2025 8:08 AM Message:
Would make sense since that is less they have to haul off.
But then again if your state government is like so many others making sense doesn't compute. --107.147.xx.xx |
Eminent Domain (by T [IN]) Posted on: Mar 1, 2025 10:08 AM Message:
Roy- You should have least contacted that law firm and see what they offer. I will gladly give my attorney 25% in my example. He knows the ins and outs of what can be done and get more $$. I don't. I also don't have the time to deal with it. --170.203.xxx.xx |
Eminent Domain (by T [IN]) Posted on: Mar 1, 2025 10:08 AM Message:
Roy- You should have least contacted that law firm and see what they offer. I will gladly give my attorney 25% in my example. He knows the ins and outs of what can be done and get more $$. I don't. I also don't have the time to deal with it. --170.203.xxx.xx |
Eminent Domain (by Phil [OR]) Posted on: Mar 7, 2025 6:26 PM Message:
It will be a taxable sale--unless you can do a 1031 exchange.
Value can be determined a few ways---comps & value based upon the rent you receive. Suggest that you figure it out both ways and ask for the higher. --76.138.xxx.xxx |
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