Eminant Domain sp?

[osprey]

How far does this go? What i mean is , if you don't want to sell can they really just take it?

 

[tomgamber]

pretty much...

heres a little reading I found..as we have actual lawyers on this board you may get other viewpoints...

http://www.expertlaw.com/library/real_estate/eminent_domain.html

 

[JackM]

I didn't read the article posted by tom, but I scanned it and it seems to cover the basics. The government may take private property for a public use, but there is a problem when they take it for private use. A challenge on this basis should be handled by a competent ED lawyer. If, on the other hand, there is no govermental abuse in the taking, the issue comes down to "just compensation." If the property owner does not feel the value offer is fair, they have an absolute right to a "Board of View" proceeding to determine just compensation. Paperwork served on the landowner is usually very specific about time limits. To be sure, unless the landowner is satisfied with the compensation offered, he/she should consult an attorney, preferably one with experience in these matters. The landowner would be well-advised to:

1. Keep all paperwork and communications from the government authority;
2. Take pictures, measurements, etc. to document the condition of the property before any action is taken by the authority;
3. Do not delay in seeking legal help for more particular advice on gathering evidence that will help in any challenge or compansation hearing.

Good luck to the landowner.

 

[troutbert]

osprey wrote:
How far does this go? What i mean is , if you don't want to sell can they really just take it?

What particular example or examples are you thinking of?

 

[Maurice]

For instance in another thread somewhere in this hyperbole zone, the gang talked about the Mon Valley Expressway. Basically a hub that connects the Airport leg of Interstate 279 in the burgh with the Mon Valey. They said the last leg could not connect because of funding issues and called it the road to nowhere. Well a couple months ago, my mother in law who lives along the I-79 corridor south of Bridgeville was informed her house would be in the next phase. They began this abotu ten years ago and informed all those in the shadow of this project that their house would be taken and they would be paid just compensation for their property. This basically made their homes unsellable because they were on the fence with the project. Well it delayed and delayed for ten years as my inlaws went from their mid 70's to mid 80's and hoping to get into an assisted living situation with the proceed from their home. Well they waited and waited but no sale. and they couldnt sell because of the cloud over the property.

In the next two years hopefully they will take the house and give them enough to make it to the promised land. Its been a real crock for them to deal with. And this is a nice home in a rural area...not like a row home in the city or anything. But thats tha gubmint fer ya.

 

[troutbert]

Maurice wrote:
For instance in another thread somewhere in this hyperbole zone, the gang talked about the Mon Valley Expressway. Basically a hub that connects the Airport leg of Interstate 279 in the burgh with the Mon Valey. They said the last leg could not connect because of funding issues and called it the road to nowhere. Well a couple months ago, my mother in law who lives along the I-79 corridor south of Bridgeville was informed her house would be in the next phase. They began this abotu ten years ago and informed all those in the shadow of this project that their house would be taken and they would be paid just compensation for their property. This basically made their homes unsellable because they were on the fence with the project. Well it delayed and delayed for ten years as my inlaws went from their mid 70's to mid 80's and hoping to get into an assisted living situation with the proceed from their home. Well they waited and waited but no sale. and they couldnt sell because of the cloud over the property.

In the next two years hopefully they will take the house and give them enough to make it to the promised land. Its been a real crock for them to deal with. And this is a nice home in a rural area...not like a row home in the city or anything. But thats tha gubmint fer ya.

I've heard of that kind of thing. But I'm trying to figure out the conservation angle. Are we talking about eminent domain takings of land for conservation of streams? Or other conservation purposes. Are there examples of that? I have never heard of any.

 

[Maurice]

troutbert wrote:


I've heard of that kind of thing. But I'm trying to figure out the conservation angle. Are we talking about eminent domain takings of land for conservation of streams? Or other conservation purposes. Are there examples of that? I have never heard of any.

Well of course we are in the consey forum, I hadn't thought of that. OK here is one.

Luxmont Farms in York County. Lets see how badly I can screw this up.....The jist of it goes something like this...

Family farm owned and operated on a huge hiltop overlooking the Susquehanna River downstream of Wrightsville. Family owes Millions in back propery taxes. Fights with county for years and doesn't pay. Finally as the family begins selling off the property to developers and chopping it up a couple County commissioners decide they can scarf up the remaining couple hundred acres under the Eminant Domain and forclosure over the back taxes. It goes to court huge political firestorm, County wins, gets land, Court determines property is worth more than the back taxes it was taken for and a several million dollar burden is put on the taxpayer. Pennsyltuckians are furious at the overreaching arm of local government, County gets one more to add to the dozen or so county parks in York.

Politicians who brought the most beautiful county park to this side of the state by taking this land from the tax evading family will never see another political position in York County again, ever.

But as I said, we got a nice park out of it.

 

[MattBoyer]

My wife and I did our engagement shoot at Lauxmont and we also had the same photographer (one of the daughters of "the family") shoot our wedding. I never kept up on the details of the court case, but they are some of the nicest people I have ever met. Katie, our photographer has picture all over her studio of her as a little girl with her mom, dad, and John Wayne. He was an old family friend who used to breed cattle with them. Pretty cool. They knew the Duke.

Boyer

 

[troutbert]

I've never heard of the case you mentioned, but from the description it sounds like the property was taken because of failure to pay taxes. Which is something different than eminent domain.

A post about eminent domain on the conservation board of a flyfishing site, suggests that perhaps eminent domain has been used to acquire lands for stream conservation? I'm not sure, which is why I asked the original poster, the gist of his post.

But, in any case, I've never heard of a case where eminent domain was used to acquire land for stream conservation. Or for other types of conservation either.

 

[jayL]

troutbert wrote:
I've never heard of the case you mentioned, but from the description it sounds like the property was taken because of failure to pay taxes. Which is something different than eminent domain.

A post about eminent domain on the conservation board of a flyfishing site, suggests that perhaps eminent domain has been used to acquire lands for stream conservation? I'm not sure, which is why I asked the original poster, the gist of his post.

But, in any case, I've never heard of a case where eminent domain was used to acquire land for stream conservation. Or for other types of conservation either.

Eminent domain is directly related to landowner's rights and access, so I think it loosely fits the discussion here, regardless of context.

I'd also be curious to hear his specific scenario.

 

[Phish_HBG]

A large majority PA's State Park system (currently at 118 State Parks) was created largely with the use of eminent domain. The project, under the guise of Maurice K. Goddard, was known as "Project 70".

 

[tomgamber]

Add PNC Park to the "not happening without eminent domain" list.

 

[MattBoyer]

tomgamber wrote:
Add PNC Park to the "not happening without eminent domain" list.

Same with Swatara state park, only they took peoples homes that were going to be in the lake bed, then never built the dam. There are still quite a few homes within the boundaries of the park.

Boyer

 

[troutbert]

Phish_HBG wrote:
A large majority PA's State Park system (currently at 118 State Parks) was created largely with the use of eminent domain. The project, under the guise of Maurice K. Goddard, was known as "Project 70".

Phish,
Which state parks were acquired by eminent domain? Do you have a list?

 

[MattBoyer]

troutbert wrote:

Phish_HBG wrote:
A large majority PA's State Park system (currently at 118 State Parks) was created largely with the use of eminent domain. The project, under the guise of Maurice K. Goddard, was known as "Project 70".

Phish,
Which state parks were acquired by eminent domain? Do you have a list?

This is all I could find.

http://en.wikipedia.org/wiki/Project_70_Land_Acquisition_and_Borrowing_Act

Boyer

 

[franklin]

troutbert wrote:

Phish_HBG wrote:
A large majority PA's State Park system (currently at 118 State Parks) was created largely with the use of eminent domain. The project, under the guise of Maurice K. Goddard, was known as "Project 70".

Phish,
Which state parks were acquired by eminent domain? Do you have a list?

Some were "add ons" as the ACOE built flood control dams. Nockamixon, Beltsville, being examples.

 

[troutbert]

Phish_HBG wrote:
A large majority PA's State Park system (currently at 118 State Parks) was created largely with the use of eminent domain.

I don't know the full history of the state park system. But I doubt that this statement is true. What do you all think?

 

[JackM]

I doubt it myself. I thought most of it was purchased cheap from or donated by the logging and mineral interests after they had finished raping it for its lumber and minerals.

 

[franklin]

troutbert wrote:

Phish_HBG wrote:
A large majority PA's State Park system (currently at 118 State Parks) was created largely with the use of eminent domain.

I don't know the full history of the state park system. But I doubt that this statement is true. What do you all think?

I'd be surprised if a majority were. There are a lot of smaller ones that came out of the CCC work from land purchased from lumber companies. There were a number added in the late 60s and early 70s attached to flood control dams. Once Agnes hit the dam building went ahead full force across the northern tier.

 

[Phish_HBG]

"Partial Park List"
http://www.dotdom2.state.pa.us/ceea%5CCeEaHelp.nsf/ByUNID/9228BDF053E8DCB7852572D00045288D/$File/Proj70StateParks.pdf?OpenElement