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Amy Original500© Member  ...going with the flow...
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A few months ago, right after the snow melted and our lane was rather soggy...(we have a half mile lane and when in bad shape, we know where to drive to do the least amount of damage) well one day we came home and our lane was a total mess...someone had driven back and forth several times and left foot deep ruts through the whole lane. We thought at the time that it might have been the farmers, and called, but they said no, they hadn't been out. A few days later, my husband had a day off, and he noticed a surveyor out on the lane. Realized that's who had done the damage, had a few words with him, about picking the worst day of the year, told him they needed to bring up some rock, for the damage they caused. (we've since spent over $800 putting rock on the whole lane). Plus he (my husband) had to spend countless hours fixing it, and getting the ruts outs. Ha! they brought about a wheel barrow full of rock. Apparently that was their idea of compensation. but really that just added insult to injury so to speak. anyway the surveyor told my husband that they were going to be moving the road on the other side of the bridge. and were planning on using our lane as their base of operations. What?!! that's interesting...last i knew our lane was private property. well...fast forward to now....we got a letter Friday, saying that they needed to purchase a piece of our lane for this project and would get more info soon. Saturday, we received an offer to purchase a very small triangle (7'x7'x13')of land for $100...plus $800 for easement rights to our lane. and in reading the fine print...it looks like if we don't accept it, they will seize it anyway. Normally we wouldn't have an issue with allowing them to use it, we have in the past, but that time it was only for a couple days while they replaced a culvert, but even that was a nightmare because our lane is the only way in or out, there are no alternatives, and we had to sit and wait for them for over an hour to get out and get back home during that time. This...is a much bigger project, and could last months. They are supposed to have a negotiator contact us, but it looks like the negotiator is the guy my husband had words with....i thought negotiators were supposed to be neutral 3rd parties.  Plus another fine print article mentions that they'll be extending our lane by 62', meaning our property tax valuation will go up.    well, anyway...i'm just wondering if we have any options...i'll know more after we talk with the negotiator...but it seems to me that we're screwed...they'll do what they need to do to get the project done, regardless if that means we'll be at their mercy as far as coming and going. 
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foxglovepress Forum-Blogger© Original500© Member  NON-PC!!
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Amy wrote: A few months ago, right after the snow melted and our lane was rather soggy...(we have a half mile lane and when in bad shape, we know where to drive to do the least amount of damage) well one day we came home and our lane was a total mess...someone had driven back and forth several times and left foot deep ruts through the whole lane. We thought at the time that it might have been the farmers, and called, but they said no, they hadn't been out. A few days later, my husband had a day off, and he noticed a surveyor out on the lane. Realized that's who had done the damage, had a few words with him, about picking the worst day of the year, told him they needed to bring up some rock, for the damage they caused. (we've since spent over $800 putting rock on the whole lane). Plus he (my husband) had to spend countless hours fixing it, and getting the ruts outs. WELCOME TO AMERICA AMY! This has been going on for years. I bet maybe construct could give you some advise. Give it a try..............
 Justice for Mark.....Imprison Employers Who Hire ILLEGALS! |
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Amy Original500© Member ...going with the flow...
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i know each state has different laws regarding imminent domain.... their $800 offer is really an insult....that won't cover the cost of the helicopter we'll need to get us to and from work.  but really, this isn't a laughing matter....as this could actually cost us our jobs if we can't get to and from work on time.
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Britt Forum-Blogger© Original500© Member  Learning Contentment
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Amy, I am so sorry for your present trouble. How invasive! Such events make country living a chore. My mom has similar troubles with her 20 acres here in New Mexico. She has a rich neighbor whom enjoys speeding down their gravel road in an enormous earth moving vehicle. I kid you not! This guy has an entire fleet of vehicles with massive wheels he enjoys speeding along the dirt and gravel roads. He is a maniac. My mom has petitioned the court numerous times to have this man fill in the ruts but he simply hires a lawyer with bigger guns and has the charges dropped. They live in a mountainous area next to a National Forest, and I wouldn't be surprised if he one day ends up speeding right off a cliff. I hope you're able to find legal representation and that your concerns are addressed.
"All that you have is your soul." --Tracy Chapman |
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foxglovepress Forum-Blogger© Original500© Member NON-PC!!
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Amy wrote: i know each state has different laws regarding imminent domain.... I would gather up the cost's to you, and add in the inconvenience, the reality of what their doing, the "pathetic offer" and schedule a meeting with the city council members. Cram it down their throats and see what you come up with....................maybe THEN hire an attorney of you don't get anywhere. Get property value quotes from appraisers and real estate members. Get a good idea of what the property they want is REALLY worth!
Justice for Mark.....Imprison Employers Who Hire ILLEGALS! |
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construct Pioneer100© Member  The Boy Next Door
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The Takings Clause of the Fifth Amendment requires compensation when the government takes property, and it is applied to the states by incorporation into the Due Process Clause of the Fourteenth Amendment. These provisions provide a floor for what is required of the government in imminent domain cases. State law can modify this so that the state may be required to go beyond this minimum standard. An easement is a "taking" for these purposes. The situation you describe is case specific, and I can't go beyond these general observations on the value issue. A mediator is supposed to be a neutral third party. You may certainly object to the mediator if you have reason to believe that he will not be impartial. Is it possible that the fellow your husband had words with is really the city's negotiator rather than the third party mediator? In any case, foxglovepress is right that you need to collect as much relevant information as you can about the proper valuation, and you need your own attorney to help you evaluate your situation and protect your property rights.
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Amy Original500© Member ...going with the flow...
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Dear Friends, Thank you for your insights...I just went and visited with the County Engineer, to get a better idea of what exactly this project entails. He assures me we will always have access in and out...but...I've heard that before. We'll just wait and see what the negotiator has to say, and see what happens next. it's scheduled to begin in October, Bridge replacement in January, and open for use by Spring. <sigh> it's gonna be a long, long year.
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foxglovepress Forum-Blogger© Original500© Member NON-PC!!
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Amy wrote: Dear Friends, Amy, the good side to all this is, once you get the PROPER compensation the county then, will have to maintain the part of the road they own. Might help you some there?
Justice for Mark.....Imprison Employers Who Hire ILLEGALS! |
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Britt Forum-Blogger© Original500© Member Learning Contentment
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Hugs for Amy.
"All that you have is your soul." --Tracy Chapman |
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Amy Original500© Member ...going with the flow...
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foxglovepress wrote: Amy wrote:Dear Friends, that's one idea we have to present in our 'negotiations'...maybe we can convince them to maintain our lane for 10 years or so...we've been solely responsible for it for 20 years even though the farmers and others consistently bring their heavy equipment on it...none of them have ever offered to replace the rock that they throw off in the field...so who knows...it might be a good thing...time will tell....
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Amy Original500© Member ...going with the flow...
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Britt wrote: Hugs for Amy. Thanks Britt....we're just a little leary about this whole deal....we just recently got shafted by a different dept...they needed to stop the erosion through the fields, but needed our permission to build a terrace behind our property....thinking it was the right thing to do, we agreed....but the erosion through our land is worse now than it was before....and they came in to fix the neighboring farmers problem...but we're still waiting for them to fix the problems they caused for us. seems they're getting us from both sides literally...
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coinmickey Guest
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A few things: 1. The eminent domain aspect of your situation is likely controlled by your state law on that subject. It may also be controlled in part or whole by the Federal law. 2. Assuming it's a taking they do have to give you fair compesation for the property, i.e. market value at the least. As someone else noted you might want to have it appraised if you can do so. 3. If you decide to sell through negotiation you might want to make sure what use they intend to make of the property so that if you have to make any adjustments/improvements to your property then the state might pay for such work. 4. There must be a way not to deal with that fellow who came out to the property. From your description it does not sound like he is a neutral 3rd party, nor does he appear to be affiliated with the courts. You need to figure out what the process is and if necessary hire an attorney. Hope that helps.
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Amy Original500© Member ...going with the flow...
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coinmickey wrote: A few things: Thanks CM...i'll keep all of this in mind...and post updates as they develop.
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epoch Original500© Member 
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Did you keep the receipts from the cost of the stone that was put in? Last edited on 10:01 pm by epoch |
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Amy Original500© Member ...going with the flow...
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epoch wrote: Did you keep the receipts from the cost of the stone that was put in? i think so...but i'll ask my husband when i get home to be sure. thanks!
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