Rich Dad Fan
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When you own land, you own it free and clear subject to what is known as PETE:
P: Police powers - the authority of government law enforcement to enforce laws in or on your property
E: Eminent Domain - the authority of government to take possession of your property given that they have an official use. Example: a new freeway is being built and they have all the land except yours that is right in the path and they cannot reasonably go around. It's a legal battle that can take a long time but it is possible. The governing authority must pay you market value and all expenses related to the sale. (This is what your situation potentially falls under)
T: Taxes - the authority of government to tax your property and reclaim it if taxes are not paid.
E: Escheat - the authority of government to reclaim your property and your estate if you die without a will or legal heirs. |
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sweettea
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Imminent domain, but they have to pay you for it, and costs to move. |
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Master T
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Eminent domain |
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Spice
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The city most likely will make you an offer rather than just take your land. (If there are no liens against the property) But to be sure contact your City Hall and get the facts. |
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midnight sun
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No!! I'm not positive, but I'll say no |
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Joan F
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Yes, under eminent domain a city does have the right to acquire your property under the statute that states doing so would be for the benefit of the city's population or economic growth.
They are required to provide "fair market value" which you can debate. Acquire information from your local realtor as to the value of similar properties in your area. In addition, the city should reimburse you for moving costs stemming from an eminent domain exercise.
Many people have legally challenged this right that has been granted and have been unsuccessful and are "poorer from the experience".
If this is happening to you, don't waste the funds to fight it. Put them to better use.
Good luck to you. |
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jg
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Government can take property from private individuals regardless of taxes etc. The only thing the gov't needs is a public use for the property that they are taking from you. However, when to government takes your property, they must pay you "just compensation." Which is usually fair market value. The question that you are asking sounds like it is more about zoning than actually taking your property. If the zoning of your lots has changed, the government doesn't owe you any money. They expect that you will still be able to use the property for industrial even if you had used it for something else in the past. If you personally cannot use the property, the government expects that you could sell it to somebody who could use it for industrial purposes. All in all, if the only thing that has changed is zoning, the government will not take your property or even make you change the way you are currently using it (this is called grandfathering). However, the government can, technically, take property from you if they have a valid public purpose for so doing. |
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suparnova11
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They can't simply take your land. They zone things like that beause they dont want power plants and factories in the middle of residential areas. I would ask a local lawyer as they would be more famioliar with your loocal system.
DONT LISTEN TO PEOPLE ON THE INTERNET. GET YOUR OWN LAWYER OR LOCAL EXPERT. |
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Debra H
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They can do anything they want. |
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reggiewjr1
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Emminent Domain laws state they can take your property if it is to improve the area or would cause an increase in revenue through taxes.
However, they must pay you a fair price for the property. More of a hostile take over than 'stealing', but feels just the same in the end...i.e. raped |
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Georges
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Emminent Domain most likely applies, and enables the city to acquire your property for a public (or even private!) project that in some way benefits the city (higher property taxes count!). If they want to take your property, however, they are generally oblgated to reimburse you for the fair market value of the property.
If they declare the property blighted or otherwise find you to be in violation of city ordinances, they may be able to take the property with out payment to you. You need a lawyer who is familiar with your local regulations and the specific situation with which you are involved. |
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larycmo
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yup they can |
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zorahudson@sbcglobal.net
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yes, they can make you move out of a house know matter how long your family has lived there and build whatever they see as necessary. |
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kadel
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Get a real estate lawyer |
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AOMGMC77
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They could, however they don't just take it. You are given $ for it, but I do believe it is slightly under market value. |
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sobrien
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sadly, yes. it is their property, you just rent it. even if you own it, its not yours.
if they decide your out, then your out. you can fight it, but it takes more than one case to change anything. |
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marysrrn
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Yes, but only under imminent domain, that is for the benefit of the rest of the population. But it has to pay market value for it. |
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nevada_laurie
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they can claim your land if they claim it as imminent domain......has happened to a member of family...........but you can try and fight it out in court |
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jv1104
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Are you refering to condemnation, or to eminent domain? It really makes a difference.
I may be able to give you some information, but I have to know the answer to the above question. |
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mikes subs
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The best answer is to see a lawyer with real estate experience. It doesn't sound like anyone is trying to take the property at this time. The problem is that the zoning change may make it impossible to use the property as a private dwelling.
Actually a change in zoning may mean that your property has gone way up in value. That's good. The bad part is that your taxes will go way up on the property too. Zoning changes do not necessarily mean the city or county is about to take your property.
I know a lawyer costs money, but you probably stand to lose a lot more than lawyer fees if you don't seek some legal advice soon.
Who knows, you may get good news from a legal standpoint. If you know a real estate agent you know and trust, ask them for a reference of what lawyer(s) they use. |
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macTard
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That comes down to Emminent Domain. Government is allowed to seize your property if it is for the common good. For example, you live in the path of the new superhighway and refuse to sell, they can take it, give you "fair" compensation and then build their road. Some places have even gone to level of taking your land and giving it to a commercial vendor for development citing that it will create jobs in a depressed area (that is for the common good).
As far as your land goes it wouldn't be out of the ordinary for them to take it...but they must pay you for it. It sucks but that's life. |
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bow_wow_wow_yippieo_yippiea
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Any city can assume control of your property by eminent domain. Thank our great Supreme Court Justices for their decision which makes it easier for municipalities and localities to scarf up to give to private investors. |
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settleslea
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Yes, they can. they can say that it will help develop the city thus bring in business. |
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hesterthehester
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Yup. Immenent Domain..
And the Supream Court says it's A'Ok. |
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tex
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Most local govts have to offer you 'fair market value' for house and lot if they use the land for public improvements ( roads, for instance).
If the area has been re-zoned, then it may just make your land so valuable that you can sell and use the money to buy a place out in the country. |
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Tamborine
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It depends on the laws/regulations in your community regarding eminent domain. Eminent domain is the right of a government or municipal quasi-public body to acquire private property for public use. It is acquired through a court action called condemnation in which the court determines the use is a public use and decides the price or compensation to be paid to the owner.
The laws for this would vary by state, county or township. Contact your local zoning office or state representative to find out what the eminent domain laws in your community. |
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suchsi
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Logically it should not be like that,but if the property has been created by using unfair means than there should not be any harm |
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TKO
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the gov can seize your property if it is for economic growth. |
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Shopaholic Chick
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under eminent domein they can.
also if there is something wrong with the property which they can fine you for if the fines are not paid and the situation remedied they can go to court and take the land for the unrededied issues as a public health hazard. |
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bubu
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It is what you call the Power of Eminent Domain. This is where the government buys out the property you own at a low possible rate based on the tax declaration filed on your Registry of Deeds. You have no right to refuse on this type of arrangement. |
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theresa l
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NO If your taxes are up to date (and I hope you have every reciept) and they "own" it why are you paying taxes on something that is not yours, better yet why are they charging you taxes on something that is not yours. You should be able to win a fight in court I am sure they will go this route just to intimidate you |
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