inverse comdenation

[pradice]

I am in a Comdenation battle with the Columbia, SC Airport over a 56 acre tract of land. My property is on a Major 5 lane Highway adjoining the Airport and a main feeder to the City of Columbia, SC. Three years ago the airport purchased two tracts of land in the same area but much inferior as to loaction and highway frontage. The same appraiser was used in all three purchases or attempted takings. However, he appraised the other two parcels @twice the price per acre as he did my property. I've been a three year battle with the airport costing me over $500,000.00, while they have settled with other land owners @ twice what they are offering me. The dealings with the Airport lawyers have been nothing but delays after delays. This stinks all over. I'm totally disgusted with my attorneys. How can I take the offensive and make these *******s pay a fair price for my property and for my damages for fighting them for three years. Are there laws to protect landowners form fradulent and improper behaveior by public officals. I feel what they are doings is CRIMINAL at the least. I've had my property appraised three times and it is worth 3-5 times what they are offering. I really think there is some insider cooruption in regrads to the other purchases, but can't prove it. I received a letter three years ago telling me they were going to take my property and they still have not officially filed the action. HELP!!!!!!!!!!!!!!!!

 

[HomeGuru]

I am in a Comdenation battle with the Columbia, SC Airport over a 56 acre tract of land. My property is on a Major 5 lane Highway adjoining the Airport and a main feeder to the City of Columbia, SC. Three years ago the airport purchased two tracts of land in the same area but much inferior as to loaction and highway frontage. The same appraiser was used in all three purchases or attempted takings. However, he appraised the other two parcels @twice the price per acre as he did my property. I've been a three year battle with the airport costing me over $500,000.00, while they have settled with other land owners @ twice what they are offering me. The dealings with the Airport lawyers have been nothing but delays after delays. This stinks all over. I'm totally disgusted with my attorneys. How can I take the offensive and make these *******s pay a fair price for my property and for my damages for fighting them for three years. Are there laws to protect landowners form fradulent and improper behaveior by public officals. I feel what they are doings is CRIMINAL at the least. I've had my property appraised three times and it is worth 3-5 times what they are offering. I really think there is some insider cooruption in regrads to the other purchases, but can't prove it. I received a letter three years ago telling me they were going to take my property and they still have not officially filed the action. HELP!!!!!!!!!!!!!!!!

**A: if there was no court action filed, you were under no obligation to negotiate.
The subject of eminent domain, condemnation and takings are complicated and a specialized field of law.
It appears that you need to hire a new attorney that has a track record of litigating these types of cases and winning awards of just compensation for the land owners.

 

[pradice]

I realize the Airport has not filed formal Condemation. However, we received this letter from thier Attorney October 28, 1999. Attached is an insert from the letter. Does this statement not Condem our property at this date. What would have happened if we would have ignored it and continued with development or sold the property? I've tried to download the file it's too large He're the Letter Quoted!!!

October 28, 1999

"It was a pleasure speaking with you recently. This letter is a follow-up to my letter of October 7, 1999, and our conversation regarding the_____________which is adjacent to the Richland Lexington Airport District (the Airport). You have requested the Airport state it's intentions concerning the parcel.

This letter will confirm that the Airport Commission has detrmined that the acquisitionof the parcel is necessary for the public purpose of enchancing the safety of airport operations. Acquisition of the parcel is consistent with conversations the Airport has had with FAA staff and will most probably be shown on the updated Airport Master Plan, which is in process now. The Airport is committed to acquiring the parcel be either negotiation or procedures of eminent domain pursuant to Title 28 of the Code of Laws of South Carolina. To that end, and to expedite this matter, I am enclosing a Right of Entry Agreement which will allow the Airport to enter the property to make a survek, make an appraisal and undertake whatever studies are necessary for the acquisiton and developement. If your client agrees, I would appreciate it completing the Right of Entry and returning it to me as quickly as possible.

I understand that you and any others whom you have engaged to assist you in marketing the parcel intend to let all prospective purchasers of the parce including ------------------------ know of the Airport's intentions. You also metioned that you would like to cancel certain advertistin contracts pertaining to the property if the Airport was serious about the property. Please take this letter as an indication of the Airport's seriousness".


After this letter they have done nothing but stall and delay us for almost three years now. Are we not intiteled to damages and interest. At the same time they purchased two other parcels of land and have offered us half the price per acre and our property is a much better piece.


thanks,

 

[HomeGuru]

The letter does not condemn your property as it is just a notice to negotiate in lieu of condemnation action in the future should negotiations fail.
Your property has been stigmatized by their action since you would not be able to develop or sell due to their master plan.
You have a right to make a claim for damages but this area of the law is very technical and complex.
That is why you need competent legal counsel.