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  #1  
Old 04-10-2003, 10:54 AM
mbschulte
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eminent domain


What is the name of your state? washington

We are purchasing a home that backs an elementary school. The school owns several properties around ours, and made us an offer before closing to walk away from the home. Can the school
district use the power of eminent domain at a later date?
  #2  
Old 04-10-2003, 11:02 AM
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Location: Catatonic State
Posts: 75,781

Re: eminent domain


[quote]Originally posted by mbschulte
[b]What is the name of your state? washington

We are purchasing a home that backs an elementary school. The school owns several properties around ours, and made us an offer before closing to walk away from the home.

**A: what do you mean here by made you an offer before closing to walk away?
*********
*******
Can the school
district use the power of eminent domain at a later date?

**A: explain the above first.
  #3  
Old 04-10-2003, 11:12 AM
mbschulte
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The school district offered us $4000 cash compensation, our realtor $1000 and the present owner 2 free months of living in the home if we would walk away from purchasing the home. We are scheduled to close on April 23rd. The offer came in 10 days ago. Our realtor told the representative from the school district
we were not intersted in their offer. The school district wanted to
know why we didn't present a counter offer.
  #4  
Old 04-10-2003, 11:20 AM
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[quote]Originally posted by mbschulte
[b]The school district offered us $4000 cash compensation, our realtor $1000 and the present owner 2 free months of living in the home if we would walk away from purchasing the home. We are scheduled to close on April 23rd. The offer came in 10 days ago. Our realtor told the representative from the school district
we were not intersted in their offer. The school district wanted to
know why we didn't present a counter offer.

**A: I would also like to know why you did not make a counter offer.
Ask your Realtor why he/she did not advise you to seek legal counsel to explain the act of condemnation through eminent domain.
And to answer your first question, yes the government school district can condemn the property at a later date.
  #5  
Old 04-10-2003, 12:03 PM
mbschulte
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our realtor & his companies representatives have told us the school district does not have the power of eminent domain.

We did not make a counter offer because we wish to live in the
house.
  #6  
Old 04-10-2003, 12:08 PM
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[quote]Originally posted by mbschulte
[b]our realtor & his companies representatives have told us the school district does not have the power of eminent domain.

**A: and did you get that in writing and a copy of the statutory law that supports their stand. Is the school district public and part of the government?
*******

We did not make a counter offer because we wish to live in the
house.

**A: ok, that's understandable.
  #7  
Old 04-10-2003, 12:14 PM
mbschulte
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I just finished reading the washington state legisture page on the school districts right to eminent domain. Looks like my agent has some answering to do.

Do we contact the public school district and go into negotiations
as we are closing in 13 days?
  #8  
Old 04-10-2003, 12:19 PM
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Join Date: May 2000
Location: Catatonic State
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[quote]Originally posted by mbschulte
[b]I just finished reading the washington state legisture page on the school districts right to eminent domain. Looks like my agent has some answering to do.

Do we contact the public school district and go into negotiations
as we are closing in 13 days?

**A: contact a real estate attorney asap to:
1) review your contract to see if you qualify for an extension to closing.
2) review the issues of condemnation.
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