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02-09-2006, 05:01 PM
| | Junior Member | | Join Date: Feb 2006
Posts: 8
| | | Kelo Case
My family owns a piece of commercial property in a small town in NC. The building that is on the property has several store-fronts, but only one is being rented currently. The rest of the bldg. is in need of repairs; mostly cosmetic. Recently several developers have expressed interest in buying the property, but my family is not interested in selling just now. Also I should mention that this small town has a reputation for being very concerned with the appearance of it's structures. To me this sounds like a situation where the Kelo Case could come into play. I don't know if this is enough information for someone to reply. I can provide more info. and I appreciate any responses. Thank You. |
02-09-2006, 05:11 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 29,057
| | Quote: |
Originally Posted by FLAtoNC1717 My family owns a piece of commercial property in a small town in NC. The building that is on the property has several store-fronts, but only one is being rented currently. The rest of the bldg. is in need of repairs; mostly cosmetic. Recently several developers have expressed interest in buying the property, but my family is not interested in selling just now. Also I should mention that this small town has a reputation for being very concerned with the appearance of it's structures. To me this sounds like a situation where the Kelo Case could come into play. I don't know if this is enough information for someone to reply. I can provide more info. and I appreciate any responses. Thank You. | What is your legal question for us?
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02-09-2006, 06:35 PM
| | Junior Member | | Join Date: Feb 2006
Posts: 8
| | | Thank you. My question is: Does this sound like a situation in which the town could invoke it's right of eminent domain to acquire this property, to then be handed over to a private developer? |
02-09-2006, 07:21 PM
| | Senior Member | | Join Date: Dec 2005 Location: Ohio
Posts: 33,613
| | Quote: |
Originally Posted by FLAtoNC1717 Thank you. My question is: Does this sound like a situation in which the town could invoke it's right of eminent domain to acquire this property, to then be handed over to a private developer? | It depends on what the state laws are over eminent domain and a variety of other factors. maybe. or maybe not. |
02-09-2006, 08:16 PM
| | Junior Member | | Join Date: Feb 2006
Posts: 8
| | | Thank you Ohiogal. Do you know if eminent domain can only be used by the state or can local govts. use it as well? Does it vary from state to state? |
02-10-2006, 12:51 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,795
| | Quote: |
Originally Posted by FLAtoNC1717 Thank you Ohiogal. Do you know if eminent domain can only be used by the state or can local govts. use it as well? Does it vary from state to state? |
**A: local governments can indeed use condemnation action. |
02-10-2006, 08:57 AM
| | Senior Member | | Join Date: Dec 2005 Location: Ohio
Posts: 33,613
| | Quote: |
Originally Posted by HomeGuru **A: local governments can indeed use condemnation action. | Agreed. The state though is important because since Kelo many states have enacted laws that dictate when eminent domain may be used. As backwards as Ohio is, they have also rushed to get something on the books limiting the use of ED in Kelo situations. The Supreme Court stated that if states wanted to limit Kelo they could pass laws dictating the uses of eminent domain.
I didn't see OPs state anywhere. Though maybe I just overlooked it. (Which apparently I did since I now see that it is NC. *mutters that she has to learn to read more closely*) |
02-10-2006, 10:30 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,795
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Originally Posted by Ohiogal Agreed. The state though is important because since Kelo many states have enacted laws that dictate when eminent domain may be used. As backwards as Ohio is, they have also rushed to get something on the books limiting the use of ED in Kelo situations. The Supreme Court stated that if states wanted to limit Kelo they could pass laws dictating the uses of eminent domain.
I didn't see OPs state anywhere. Though maybe I just overlooked it. (Which apparently I did since I now see that it is NC. *mutters that she has to learn to read more closely*) |
**A: this subject is just the tip of the iceberg. |
02-10-2006, 09:58 PM
| | Junior Member | | Join Date: Feb 2006
Posts: 8
| | | Kelo Contd.
Thank you all for your replies. It seems my next step would be to see if NC is or has enacted any legislation regarding ED. Does anyone know if an individual is still subject to capital gains taxes if forced by the govt. to sell their property? |
02-11-2006, 07:14 AM
| | Senior Member | | Join Date: Dec 2005 Location: Ohio
Posts: 33,613
| | Quote: |
Originally Posted by HomeGuru **A: this subject is just the tip of the iceberg. | The subject of my reading ability?  ED is definitely interesting however not easily condensed into an internet forum. |
02-11-2006, 11:41 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,795
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Originally Posted by Ohiogal The subject of my reading ability? ED is definitely interesting however not easily condensed into an internet forum. |
**A: you are correct on that. |
02-11-2006, 11:42 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,795
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Originally Posted by FLAtoNC1717 Thank you all for your replies. It seems my next step would be to see if NC is or has enacted any legislation regarding ED. Does anyone know if an individual is still subject to capital gains taxes if forced by the govt. to sell their property? |
**A: good question and for the Tax Law forum. |
02-11-2006, 08:40 PM
| | Junior Member | | Join Date: Feb 2006
Posts: 8
| | | Thanks for you time. |
02-12-2006, 02:46 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,795
| | | good luck to you. | |
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