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Advice about Eminent Domain

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tonyadawn

Junior Member
Indiana-Hi, we recently purchased a small 10 acre farm in the country on contract. We have not taken out a loan on this property yet.
There is a plan in progress(not yet approved, but will most likely be happening in the next year) to widen the road in front of our house. The rumor is that they will be buying land 40 from the center of the road. Our farm house sits 47 feet from the center of the road. I was told they would not purchase our house if the easement does not run through the house, but that would put the easement 7 feet from our front door. Now I understand in the city this would not be uncommon, although it would be in this setting. It is bad enough how close our house is to the road right now, but 7 feet would be a nightmare. We would rather them just buy our house and have to rebuild somewhere else on our land. Can someone give me some advice on what we should do in this situation?
 


shortbus

Member
I'm not sure why you bought this property if you knew there was a potential eminent domain taking afoot ...

The govt has to compensate you for what it takes, but they don't have to take your house.

You might be able to go to court and make a constitutional argument that the house will end up so close to the road it essentially has no economic value by virtue of the highway. Then you can claim compensation. It's a long shot though.
 
S

seniorjudge

Guest
tonyadawn said:
Indiana-Hi, we recently purchased a small 10 acre farm in the country on contract. We have not taken out a loan on this property yet.
There is a plan in progress(not yet approved, but will most likely be happening in the next year) to widen the road in front of our house. The rumor is that they will be buying land 40 from the center of the road. Our farm house sits 47 feet from the center of the road. I was told they would not purchase our house if the easement does not run through the house, but that would put the easement 7 feet from our front door. Now I understand in the city this would not be uncommon, although it would be in this setting. It is bad enough how close our house is to the road right now, but 7 feet would be a nightmare. We would rather them just buy our house and have to rebuild somewhere else on our land. Can someone give me some advice on what we should do in this situation?
Unfortunately, there is not much anyone can do in such a situation. I have seen roads go less than seven feet from someone's front door out in the country.
 

tonyadawn

Junior Member
eminent domain

We did not know anything about the road project when we purchased the house a little over a year ago. Believe me, we have our regrets now especially considering over the last year we have put around $50.000 into remodeling the inside.
 

tonyadawn

Junior Member
They will also have to build a retaining wall about 6 or 7 feet tall in front of our steps, because the house is on a hill. I think that this will deminish any resonable value of our house. Does anyone have any tips on attorney's, someone told me I should go with someone local(within the county).
 

HomeGuru

Senior Member
tonyadawn said:
They will also have to build a retaining wall about 6 or 7 feet tall in front of our steps, because the house is on a hill. I think that this will deminish any resonable value of our house. Does anyone have any tips on attorney's, someone told me I should go with someone local(within the county).

**A: hire a local real estate attorney who has won large settlements in condemnation and eminent domain cases.
 
S

seniorjudge

Guest
HomeGuru said:
**A: hire a local real estate attorney who has won large settlements in condemnation and eminent domain cases.
To find such a person, ask around amongst all the lawyers you know. Ask the court clerks who handles condemnation/ED cases. This is a very specialized area of the law and you need an expert.
 

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