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When the government takes your property (via eminent domain or inverse condemnation) they are required to pay "just compensation" for the taking. This is a consitutional requirement. But what is the difference between these two real estate law concepts? Arizona eminent domain lawyer Steve Vondran explains and demystifies these complex legal issues.
Things to consider in every eminent domain case
1. The government must only take your proeprty for a valid public purpose (ex. raods, highways, parks, bridges, lightrail extensions, etc.)
2. The government must pay "just compensation" for every taking of real property (this will usually be established by appraisal experts, either residential or commercial)
3. The taking should produce the greatest public good and least private injury
4. In cases where there is a "partial taking" if your property (ex. 1 of 5 acres is taken), the government or condemning authority must pay the value of the parcel taken, as well as severance damages to the remaining parcel
5. In total takings of the property, fair market value must be paid measured by the highest and best use of the property
6. In Arizona, proposition 207 was passed where land owners injured by a regulatory taking (land use regulation, rule, ordinance, etc.) that impacts the value of the property, they must pay compensation for this and attorney fees. In general eminent domain cases, there are no attorney fees.
When your property is taken by a governmental agency in Arizona (which could be a town, city, APS, SRP, Department of Transportation, or other condemning authority), you are enittled to receive "just compensation." But you cannot get that if you do not follow the rules in Eminent Domain court cases. ONce the condemning authority files the complaint against you, the property owner or other person with "rights in the taking" who will want to seek fair compensation (for example, someone with a leasehold interst in the property, MUST FILE AN ANSWER TO THE COMPLAINT within twenty days of being served a copy of the summons and complaint. If you don't, the government can take your default.
This Vondran Legal Hour podcast deals with the form and content of your condemnation answer, and we tell you how to get a free copy of our Answer that you can look at. Our answer provides both general and specific denials, and raises certain affirnative defenses. Such as failure to balance the greatest public good versus the least private injury when locating the strip of property to be taken.
Attorney Steve shares his tips, tricks, and insights on filing an Eminent Domain answer. Feel free to share our podcasts on your social mediat networks.
For more infofrmation visit www.ArizonaEminentDomain.com
We offer contingency condemnation and eminent domain cases for most cases.
Cities across America from Seattle to Newark are considering usign Eminent Domain laws as a solution to upside down housing markets. The city of Richmond Californis is moving ahead with the idea.
Lee talks to Robert Hockett, the Cornell professor behind the controversial idea.
Homeowner relief through eminent domain, the recent Cuomo challenge and the role of third parties in an outside strategy--in particular, the working families party. Jay talks with Greg Basta, Deputy Director of New York Communities for Change – an organization of low income families with over 40,000 members fighting for social and economic justice throughout New York State. He’s also the Staff Director for the Home Defenders’ League – a coalition of organizations fighting to demand accountability from the banks and mortgage companies that caused the housing meltdown.
In December 2012, the City of Philadelphia seized the deed of Dupree Studios and granted acquisition to the Philadelphia Redevelopment Authority in accordance with the Pennsylvania Eminent Domain Code. City Hall has teamed up with private developers to transform the Mantua section, including the project and development of "The Plaza", a suburban-style supermarket encompassing four full city blocks, regretfully reducing Dupree Studios to a parking lot. Sign the petition to stop this action: http://www.change.org/petitions/jannie-blackwell-michael-nutter-return-the-deed-to-property-owners-of-3617-haverford-ave-philadelphia
James Dupree is an accomplished artist, educator, and business owner. Among the first black graduates of the University of Pennsylvania MFA program, and a recent recipient of the UPenn Black Alumni Society's Living Legend Award, he is in many ways an example of the success of Philadelphia’s art institutions in addressing the city’s underprivileged communities. jamesdupree.com
Melinda Haring is the activism manager at the Institute for Justice (IJ), a non-profit public interest law firm dedicated to defending private property rights. IJ represented Susette Kelo and her neighbors before the U.S. Supreme Court in Kelo v. City of New London,as well as many others across the country. Since the Kelo case, IJ has helped saved more than 16,000 properties through grassroots activism and played a role in reforming eminent domain laws in 44 states. IJ has been working with James Dupree since late November.
Introduction - Attorney Steve's Eminent Domain Series
When your property is being taken by the government (subject to eminent domain) in Maricopa, Yuma, Pinal, Coconino, Navajo, Yavapai, or other County in Arizona, you want to make sure you get a good residential or commercial real estate appraiser who can serve as your expert in the case in order to:
1. Argue for the highest price for you ("just compensation")
2. Rebut the governments assertion of value (ex. ADOT, SRP, APS, city of Phoenix, Maricopa County) and assertion of "special benefits" conferred on the remaining parcel.
Thus it is important to have a good appraiser, experienced and passionate about fighting for property owner rights.
Top five tips to hire an expert witness appraiser are discussed in this Real Estate Podcast show by Attorney Steve.
1. Experienced, knows appraisal techniques
2. Passionate about property owner rights
3. Familiar with market place and probability of rezoning rights & Arizona's project influence doctrine & special benefits
5. Will make a great witness if a condemnation trial is required
For more infomation contact us at (877) 276-5084 or Visit ArizonaEminentDomain.com.
What is eminent domain? Who does eminent domain benefit? What are the top mistakes business make when dealing with eminent domain? What relocation costs are reimbursed under the Uniform Relocation Act (URA)?
Halli discusses the hot topics in the Idaho Legislature, including a new bill to prohibit Idaho agencies from accepting or spending money to implement Obamacare. She also discusses an Idaho Supreme Court decision that marijuana does not qualify as a religious sacrament. She talks about a bill to prohibit city or county governments from using eminent domain to take private property for bike paths or sidewalks, and another bill to require sex offender notification of school districts. And finally, she discusses the conflict in Libya.
in Real Estate
Nathalie asking the hard questions...if you can't call in live, feel free to email questions & comments: firstname.lastname@example.org
2nd half - Tim Davis joins us! Talking sales, branding, and real estate. www.timdavisonline.com
Join your host Alex Matsuo as she interviews author and lecturer Pat Fitzhugh. Recently he has been seen on the A&E show, "Cursed: The Bell Witch."
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