Re: Eminant domain run amuck
I am with you on most of the process. It is my understanding that city will first make an offer, if accepted end of story. If they move for condemnation then a suit is filed. I don't believe that Johnny Cochran would take the case under the situation you discribe. You will need to pay a good lawyer on a per hour basis to get the best representation.<br /><br />In the political heirarchy I would put the City Attorney, followed by the city engineer followed by dept. heads. City engineers they like nice straight lines, easier to set in water sewer etc, and they can defend almost anything under the heading of that which enhances the "health, safety and public welfare" of the city. Hence it is easy to invoke ED. Very difficult to defend the loss of community, loss of land value, loss of a view, block safety based on increased traffic, you get the picture. Therefor the deck is stacked against someone who is a landowner. Then if you do go to court and lose, the city can beat you down with sewer and water curb and gutter assessments that makes that land too expensive to own and force the sale on the back side at a far depreciated price. Often many people take the first offer and fold their cards based on the potential expense that can be incurred if they lose.<br /><br />The benevolent government is succeptable to all the vices that power in any arena spauns. <br /><br />It is also my understanding that the landowner provides an assessment of value as does the city and the judge can also request a third. Once again, how can you stop something that would provide a savings of 15seconds for service vehicles, which meets the Health saftey and public wellfare arguement, with the loss of private private property rights. Thats right, political connections and money. Name a local developer who doesn't know the city engineer by his first name. It's a stacked deck.<br /><br />It has a place but at least where I live I see abuses of it frequently.
