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eminent domain
penetraitor
Member Posts: 3,870
Has anyone ever had to fight to keep their own property over this? Not just with the state. But with Duke energy.
Duke energy is wanting to claim emiment domain on a property of mine that runs along side a railroad and get easement of a 50 foot path for their polls.
This will rip through woods, take up farmland, and expose my pond to anyone walking the tracks.
Can this be fought at all since its a power company and not the state? I've talked to a couple lawyers that say if they want it then they can buy it. Is this right?
If anyone has ever had a battle on something like this and won. Please let me know. Or if you know of a good lawyer that specializes in fighting Duke energy or any other electric company let me know.
This is my when the SHTF place I'm going. Or was.
Something needs to be done about emiment domain. This is my second encounter with it and its grossly being taken advantage of if you ask me.
Duke energy is wanting to claim emiment domain on a property of mine that runs along side a railroad and get easement of a 50 foot path for their polls.
This will rip through woods, take up farmland, and expose my pond to anyone walking the tracks.
Can this be fought at all since its a power company and not the state? I've talked to a couple lawyers that say if they want it then they can buy it. Is this right?
If anyone has ever had a battle on something like this and won. Please let me know. Or if you know of a good lawyer that specializes in fighting Duke energy or any other electric company let me know.
This is my when the SHTF place I'm going. Or was.
Something needs to be done about emiment domain. This is my second encounter with it and its grossly being taken advantage of if you ask me.
Comments
I wonder if any neighbors with land would volunteer this to happen on their place and it not have to happen on your land?
If you want to contest their right to do it at all- better take a look at some of the case law out there on that. Most attorneys are not going to touch this- there are too many precedents, as well as specific laws that give them the right to do this.
I think it would benefit you to see if there is some kind of agreement you can come to that would make you happy. Something like THICK shrubbery planted to keep you land private, or a fence? The power lines being there may not be the very worst thing ever if you can think of a way for it to be done in a way that doesn't drive you absolutely crazy. I just see a lot of stress coming your way if you can't get some kind of plan between you and them. They will also save money in the long run if they can avoid any legal fight....but in the long run it is probobly going to happen.
I wonder if any neighbors with land would volunteer this to happen on their place and it not have to happen on your land?
I'm forth generation with this property so its more sentimental than anything. Of course they won't pay for that part of it.
I'm trying to figure out if its worth a fight if I even stand a chance on winning it. Or if I should take the offer instead of loosing it anyways.
It will be a bit difficult to plant a new tree row down the length of the pond since the 50 foot easement is going to run right up against it.
All that property there is mine on a 50 acre plot so there is no where else for it to go. Its currently on the north side of the track and because of a new Hoosier heartland highway they are building they want to jump track.
The wooded area is only about 6 acres and they won't go over it, or around it. But instead just plow right straigt through the whole side of it. This is where the pond gets exposed and much of the shade will be gone.
IN DOT has offered them land next to the new highway but they don't want to stay on the north side of the tracks.
Push back as much as you can, then compromise. I know one man near here that worked out a trade. Got a pretty decent parcel in exchange for a right of way along the edge of his property.
Thats what I'm doing right now and they have trippled the offer. I guess my main concern is how far can I push it before all bets are off.
Good luck, and let us know how it works out. But you are going to lose. PUBLIC utilities, as part of being a PUBLIC utility, have the right to require, and to acquire, an "easement" or right of passage across properties- and in some cases, to require the removal of buildings, etc. Such a "taking" of properties requires compensation of the owner- and take it they can. If you do not like the offer they make, and feel that it is not sufficent compensation, you can appeal the offer- and that is usually heard by an arbitrator.
If you want to contest their right to do it at all- better take a look at some of the case law out there on that. Most attorneys are not going to touch this- there are too many precedents, as well as specific laws that give them the right to do this.
I'm quite sure I'm going to lose. Your right most attorneys don't even want to talk long about it. Even when wanting to pre pay them. Thats why I didn't know if there was a good one out there that would look at this matter. Or if one even specializes in this.
The government demonstrated how nasty it can get when they were building I-85. They can take your land for sure, and if you fight it too hard they can take your life.
They tried to pull eminent domain on Them to take Their Property for other use.
I found that They could do it but only by giving My Parents the fair Market value of the Property(U.S.Constitution) and They didn't want to pay that much so I told Them to take a hike.
I finally sold the Property to a Funeral Home after They passed away just to p-ss the City off for all the grief They put My Parents through.
Revenge is sweet!
an old boss of mine fought eminent domain for himself and his neighbors and won..they ended up having to buy the property for fair market value of what existing property in the area sold for...it can be done and without a lawyer if you school up on it[;)]
In the end they still had to sell their property though right?
I have an offer over fair market value. But property is also down now. Will end up loosing over two acres of farm land that I will still have to pay property tax on because its a permanent lease with a one time payment.
Duke will pay out only 5 years of crop loss. Which only amounts to about 10 acres of crops for one year.
Its about like pissing in a toilet one time. The water level wont go up just once. But do it over and over again its bound to.
Also they will be cutting down about 40 Walnut trees that are only about 22 years old. Barely big enough for a good gun buttstock.
yes it's been tried here in Oregon.and they didn't get the prop.with out paying. Besides how can a corp.claim eminent domain.(not right in my opinion)
quote:Originally posted by tomahawk
an old boss of mine fought eminent domain for himself and his neighbors and won..they ended up having to buy the property for fair market value of what existing property in the area sold for...it can be done and without a lawyer if you school up on it[;)]
In the end they still had to sell their property though right?
I have an offer over fair market value. But property is also down now. Will end up loosing over two acres of farm land that I will still have to pay property tax on because its a permanent lease with a one time payment.
Duke will pay out only 5 years of crop loss. Which only amounts to about 10 acres of crops for one year.
Its about like pissing in a toilet one time. The water level wont go up just once. But do it over and over again its bound to.
Also they will be cutting down about 40 Walnut trees that are only about 22 years old. Barely big enough for a good gun buttstock.
yep but they paid like 40,000 an acre instead of 7,000 like they wanted...[;)]
The US Supreme court decided that the govt could take your land for a PRIVATE interest if it will generate a large tax increase for the benefit of the people. It was a crock and I believe Justice David Souter was the deciding vote. Many states have now enacted laws to prevent the taking for private interest to combat that clearly eroneous decision.
There was a guy that tried to file an eminent domain case against Justice Souter to demonstrate his dis-satisfaction. He said he was going to build a hotel called "The Lost Liberty Hotel". His name is "Logan Darrow Clements". The case was Kelo vs city of New London
You could probably google this info. I get emails from this guy because I signed up to consider making a donation if it got off the ground. I liked the idea but wondered how much of the money would actually make it to the project.
Here is a link I found. Scroll towards the bottom.
www.freestarmedia.com
all that did was get them a ride in a police car.
Here in Michigan we had eminent domain on the ballot last fall. People voted to end eminent domain. We'll see how that shakes out over the next few years. People were tired of wally world taking their land by eminent domain.
quote:Originally posted by Locust Fork
I think it would benefit you to see if there is some kind of agreement you can come to that would make you happy. Something like THICK shrubbery planted to keep you land private, or a fence? The power lines being there may not be the very worst thing ever if you can think of a way for it to be done in a way that doesn't drive you absolutely crazy. I just see a lot of stress coming your way if you can't get some kind of plan between you and them. They will also save money in the long run if they can avoid any legal fight....but in the long run it is probobly going to happen.
I wonder if any neighbors with land would volunteer this to happen on their place and it not have to happen on your land?
I'm forth generation with this property so its more sentimental than anything. Of course they won't pay for that part of it.
I'm trying to figure out if its worth a fight if I even stand a chance on winning it. Or if I should take the offer instead of loosing it anyways.
It will be a bit difficult to plant a new tree row down the length of the pond since the 50 foot easement is going to run right up against it.
All that property there is mine on a 50 acre plot so there is no where else for it to go. Its currently on the north side of the track and because of a new Hoosier heartland highway they are building they want to jump track.
The wooded area is only about 6 acres and they won't go over it, or around it. But instead just plow right straigt through the whole side of it. This is where the pond gets exposed and much of the shade will be gone.
IN DOT has offered them land next to the new highway but they don't want to stay on the north side of the tracks.
Back when I lived in OR there was a guy who had property in town, who decided to remove a few trees and some brush down next to the creek (maybe 20 feet across in flood stage) next to a culvert. He removed most of the trees and all the brush, along probably 150' of creek frontage, then later was fined ($20,000 or so IIRC)by the government because the removal of the shade was going to raise the temperature of the creek water which could adversely affect the fish population. Pure BS in my book but he looked at his options and decided it was less painful to pay it rather than fight the Feds. The environmental angle might be one way to play it.
I owned a strip center with 5 rentals in Indiana. ED came along to expand the road taking half my parking lot away and they cut off the entrance for two and 1/2 years and told me originally they would only block the entrance for 1/2 day but it wound up being two and 1/2 years. Lost all my renters of course. Needeless to say I went broke on this one. Their compensation was petty compared to the value I lost big time. It would have taken years per the attorney but I should have fought them out of principal.
Thats exactly the way I feel about this. Its the principal of the matter. They have other options and several other outs. But they simply refuse. They could cut down the back side of the field even not taking out any trees at all. Then turn towards the road and put their polls in the ditch where they belong. Granted that would take up more land but not a single tree would be cut down.
Nope were a GREAT BIG CORPORATION (says Duke)and its going to be done our way on your property![:(!]