private property can be ceased for private development

[movie zombie]

this one bothers me:

http://news.yahoo.com/fc/us/supreme_court

peace, movie zombie

 

[movie zombie]

more like seized and then maybe it is ''ceased''!

peace, movie zombie

 

[strmrdr]

Is it time yet?

A local company that employs 25 people is having his machine shop taken for a shopping center.
The most they will give him is $125000
It will cost him over $300000 to move the equipment and rent deposit on a new location.
He is going to go out of business and 25+ good paying jobs are going down the drain in exchange for 40-50 part time no benefits sucky jobs.

 

[movie zombie]

yes, this one really disturbs me....its not just the shop owner: its you and me.

what if i don''t want to sell and want to live out my days in my home with my lower property tax basis? can i be forced to give up my property and forced to move into an apartment because i can''t afford a another home or the higher tax basis on another home? many elderly are in exactly that position. what about low income people who have a home in an ''undesireable'' area that is not worth much except to them....and a developer comes along and decides to build something? you know the homeowner isn''t going to get enough money to be able to buy another place.

yes, this one really does disturb me......seems to go against the very core or real estate law.

peace, movie zombie

 

[Blue824]

They sort of did that to my family. My grandfather owned quite a bit of property through out the town I live in. Well, they started selling off pieces. They had one chunk left that was being negotiated. Middle of negotiations, the city decided they wanted the property and condemned? or some other word they put on the property to forbid us from sellng to anyone except them. We had our appraisers come out to give the estimate of worth and the city squaked that it was too high, their appraisers actually placed the value even higher than our appraisers

But they still tried to rip my grandfather off a couple mil.

I know its different if people don''t want to move or sell, I think thats horrible. I didn''t read all of that site, but they''re doing that in Chicago near O''Hare to expand, I believe. The worst part is, after telling you they can take your home, they''re not, from what I''ve seen & experienced, giving people what they deserve for their land. If they want the land they should make them attractive offers. If they don''t want to sell, tough! I think it is even worse that the city can make them give up their homes so a development group can build offices! I cant imagine saving up for my first house and then having that happen! Or having a family and kids and school and then being forced to leave.

Does anyone know if that is legal in other countries?

 

[Diamonds4Me]

Date: 6/23/2005 3:11:24 PM
Author: Blue824
They sort of did that to my family. My grandfather owned quite a bit of property through out the town I live in. Well, they started selling off pieces. They had one chunk left that was being negotiated. Middle of negotiations, the city decided they wanted the property and condemned? or some other word they put on the property to forbid us from sellng to anyone except them. We had our appraisers come out to give the estimate of worth and the city squaked that it was too high, their appraisers actually placed the value even higher than our appraisers

But they still tried to rip my grandfather off a couple mil.

I know its different if people don't want to move or sell, I think thats horrible. I didn't read all of that site, but they're doing that in Chicago near O'Hare to expand, I believe. The worst part is, after telling you they can take your home, they're not, from what I've seen & experienced, giving people what they deserve for their land. If they want the land they should make them attractive offers. If they don't want to sell, tough! I think it is even worse that the city can make them give up their homes so a development group can build offices! I cant imagine saving up for my first house and then having that happen! Or having a family and kids and school and then being forced to leave.

Does anyone know if that is legal in other countries?

To you and I and everyone else that would be fair. But being that its the federal, state and local governments, school boards, and certain public and quasi-public corporations and utilities that have the power (eminent domain) to take your property for the "use of the greater good", they can pretty much offer whatever they feel like. There are supposed to be three conditions met: 1. that the use is for the benefit of the public, 2. that an equitable amount of compensation, as set by the court, will be paid to the owner, and 3. that the rights of the property owner will be protected by due process of law. There is also a "quick take" method of condemnation that when authorized by law, title and possession of a private property can immediately be transferred to the public authority.

My parents were going through the same thing with their house. The new hwy "switched course" in mid construction and they decided that it had to go right through the middle of their living room. They received a letter stating that there was the possibility that it would happen. It didn't, though. Instead it went through another living room 4 houses down from them. I feel awful for those property owners but I was very angry for my parents when they were experiencing this. They weren't even going to be offered half of tax value for their property. They would have been homeless. I would never allow that, but what if they didn't have family near by and couldn't afford to live anywhere else? The sad part is that there is no use in fighting it. There is no bargaining. If you turn it down in hopes of getting more then they'll just take it and you'll get nothing. Its not fair when you have a $75,000 house and they only want to offer you 30%-40% of value.

 

[movie zombie]

as horrible as eminent domain is, i can sort of....note i said sort of...buy into local government having to do it. i can see instances where it might be necessary but even then i''m not so sure that it isn''t benefiting a private group. for instance, need to build a new sewage processing plant so that new development can occur for much housing...but is that housing for big homes or much needed affordable living for lower income families....is it because the developer didn''t pay enough in fees so the city/county whatever could pay to buy the necessary land? its very complicated and it always seems that the ''taking'' seems to benefit some private enterprise....whatever happened to capitalism?!

but the direct taking of private property for private development has taken it all to a new level: it seems to me to be a new version of '' me serf, you feudal lord '' .

eminent domain use by government has long been disputed but this is too too much.

peace, movie zombie

 

[Blue824]

I understand that there is a difference for a private organization vs. public use...but still, I just feel like its taking advantage of citizens. I think either way it can be sort of crappy...for lack of better word! I know my "attractive offer" theory is wishful thinking, but I''m allowed to be an idealist every now and then. Its sort of like they let this HUGE park be developed across the street from the land, so now its a subdivision, and they had to take our land instead!? Like is a park not for public good?? There is no rhyme or reason to what they do and I think it can be extremely unfair to people. In our circumstance we weren''t being pushed out of home and trying to buy a new one with the measly amounts o fmoney they give...we were lucky it was empty land and while the loss in money amounted to a CONSIDERABLE amount of money, it really didn''t have a noticeable effect on anyone, like we weren''t all of the sudden forced to move to a new area because we couldnt afford it any longer, stuff like that. I know for people being pushed out of certain areas it is a hardship, something they''ve worked towards and hard to replace with the amount the government is offering them. To me, either way, that isn''t fair. Oh well.

 

[Diamonds4Me]

I just watched a report on this on Wolfe Blitzer (sp??).

strmrdr=That''s awful. Its rediculous! I don''t know where you are and I don''t know the area, but there wasn''t an empty piece of land somewhere else that they could go?? To root someone else and their employees out of their livelihood just seems wrong to me.

 

[strmrdr]

Date: 6/23/2005 6:05:05 PM
Author: Diamonds4Me
I just watched a report on this on Wolfe Blitzer (sp??).

strmrdr=That''s awful. Its rediculous! I don''t know where you are and I don''t know the area, but there wasn''t an empty piece of land somewhere else that they could go?? To root someone else and their employees out of their livelihood just seems wrong to me.

Its near where the federal goveremt is going to pay for an interstate highway exchange so the zoning was changed from light industrial to enterprise zone which means it gets fed and state money and the current owners get screwed over.
The property once the interchange goes thru will be worth millions.

 

[movie zombie]

Date: 6/23/2005 6:31:39 PM
Author: strmrdr

Date: 6/23/2005 6:05:05 PM
Author: Diamonds4Me
I just watched a report on this on Wolfe Blitzer (sp??).

strmrdr=That''s awful. Its rediculous! I don''t know where you are and I don''t know the area, but there wasn''t an empty piece of land somewhere else that they could go?? To root someone else and their employees out of their livelihood just seems wrong to me.

Its near where the federal goveremt is going to pay for an interstate highway exchange so the zoning was changed from light industrial to enterprise zone which means it gets fed and state money and the current owners get screwed over.
The property once the interchange goes thru will be worth millions.

that last sentence is what bothers me the most!!!!!

the owner AND the employees are screwed.....and you know those employees will have lost seniority and may not even find jobs at all. the millions are being made on the backs of that business owner and his employees. again: me serf, you feudal lord comes to mind....

peace, movie zombie

 

[mrssalvo]

yes, hubby and i just saw the story on the news.

kicking people out of their homes for a private company to build? none of us are safe...

 

[lost on 5th]

ill.. thats all i can think. simply makes me ill. someone really needs to re-think what is the "greater good"

i remember growing up my parents and the rest of the allotment kept sprawl at bay by buying land and voting down the spread of infrastructure into the suburbs. it worked for them because retail couldnt develop privately held land and there were no utilities to support it.

so much for the ability to work to maintain a way of life.

how is this going to impact city development if private land can just be claimed for corporate profit? wouldnt this now give business a wildcard to expand outward to cheaper private land and result in an even FASTER decay of urban centers?

the last thing we need is more detroits where downtown is so vacant they are considering using it for farming!

**sorry for the rant**

 

[Jennifer5973]

I am very upset about this too. How can this be?

 

[fire&ice]

This deeply saddens me & find it interesting who voted how.

Ginsberg, Souter, Byer, Kennedy, Stevens - all for

O''Conner, Scalia, Thomas, Renquist - dissenting.

 

[movie zombie]

an interesting idea?

http://news.yahoo.com/s/ap/20050629/ap_on_re_us/souter_property

peace, movie zombie

 

[Blue824]

Date: 6/29/2005 3:17:35 PM
Author: movie zombie
an interesting idea?

http://news.yahoo.com/s/ap/20050629/ap_on_re_us/souter_property

peace, movie zombie

That''s a pretty funny article. Serves him right!