Eminent Domain!

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Justin24

Rock n' Roll Doggie ALL ACCESS
Joined
Oct 14, 2005
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Location
San Mateo
SON OF A BITCH. Ok I am staying at my parents while I attend school. So the neighbor comes to our house and tells us that in the paper they are talking about making an overpass near our house that moved into 2 years bigger. So does anyone have advice to fight this??
 
lol. We are getting an attorney for the neighborhood that specializes in Eminant Domain. To me I dont see how a bigger offramp could be benificial when there are 3 other off ramps within a mile of each other.
 
There are many stages to an Eminant Domain case. First, you can challenge the right to take. Given the broad powers granted to government bodies in this regard, expansion of a highway overpass seems a legitimate purpose, though your attorney will need to review case law regarding takings for redundant purposes (i.e., if there are multiple off ramps already existing in the vicinity).

If taking is deemed valid, the next step is valuation of the property.
 
They say there is to much traffic or danger on one of the exits after ours and want to make ours more accessable. There is an over pass that leads to an onramp that goes to the highway northbound. There are two onramps that lead into our city one half a mile before the over pass near our houses and one after.
 
When we bought the house we bought it for a little over 800,000 dollars. Now our house including the surrounding houses in the neighborhood have increased to over a million dollars. So if they did take the land how much would they give us. a rough estimate.
 
Justin24 said:
When we bought the house we bought it for a little over 800,000 dollars. Now our house including the surrounding houses in the neighborhood have increased to over a million dollars. So if they did take the land how much would they give us. a rough estimate.

They should give you Fair Market Value - even if it is over a million dollars.

Your attorney should be (i) an expert in this field, and (ii) have well respected appraisers to support the claims for the highest fair market value possible.

You should also be able to collect for moving & transaction costs. Also, if there are any home based businesses - you can recover for any lost profits due to the disruption.
 
Cool thank you for the information NB. There is a meeting tonight.
 
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