Eminent Domain - Posted by R Meyer

Posted by Kevin on March 07, 2002 at 10:18:35:

You should consult with an attorney experienced in land use and zoning law on this one. I think the issue is whether the city’s action constitutes a “taking” of your property. Perhaps Bill or John would like to weigh in on this one, but as I recall from law school, a “taking” occurs when the city deprives a property owner of economically viable use of his property. Your attorney could argue that the city’s exercise of eminent domain has done that because it has reduced the square footage of your tract such that you are no longer able to use the property as you intended. On the other hand, the city will argue that you still could construct a SFR and therefore you have not been deprived of ALL economically viable use. Like I said, you need an experienced land use attorney to look into this one.

Also, have him or her determine whether you would be immediately entitled to compensation if you apply for a building permit and are denied. I think the denial of your permit would trigger the taking, not the actual date on which the city exercises eminent domain. Check with your attorney on this.

NOTE: THE FOREGOING COMMENTS SHOULD NOT, IN ANY WAY, BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD ONLY RELY ON THE OPINION OF AN EXPERIENCED, LOCAL ATTORNEY ADMITTED TO PRACTICE IN YOUR HOME STATE.

Eminent Domain - Posted by R Meyer

Posted by R Meyer on March 06, 2002 at 09:56:49:

I purchased a unimproved lot zoned R2 Multi-family with intentions to build a duplex or twin home. The lot currently has sufficient or minimum sq footage required to build such a structure. City now has notified area residents they will be taking property for street reconstruction. When they take the land my lot will no longer have the sufficent sq. feet. My plans were to wait till fall to build but with this news I moved up to this spring to avoid any problems. I submitted documents to city asking for a minor subdivision on property for twin home status. I was verbally told that due to the street reconstruction the lot does not have sufficient sq ft. and that I would be facing an uphill battle. At what point does the land actually leave my ownership. They have advised us that payment for land would be the spring of 2003. I am proceeding with my request for sub-division and believe if they do not grant or even deny duplex status then the land they are taking should be valued differently from neighboring single family homes as they are taking away alot more that just dirt. I would appreciate any advise or insight.