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County wants me to "donate"

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O

okgrace001

Junior Member
What is the name of your state? Arkansas

I own approx 5.75 acres, the back of property is linked to state property (freeway).
The County wants to extend an access road, they will take approx 1 acre, I will lose my privacy and be "wide open" to the freeway (I am in a wooded area)
The County Judge wants me to "donate", I want a reasonable amount, what I am paying taxes on for that portion, he claims if I do not he will take me to court and I will get "nothing".
I know he can "take" it, does he HAVE to pay me a reasonable amount? I do not want to fight over this however I paid for it and feel the county should also.
I have found surveyors on my property, no permission from me, no paperwork from the county, is this legal?
BTW The Judge sold his very small piece to the state .07 acres for $24,600.
He claims that is "different".
He also claims the State owns part of my Property which separates the State property, the State put the fence up over 20 years ago.
Sorry so long!
TIA!
 


J

JETX

Senior Member
okgrace001 said:
What is the name of your state? Arkansas

I own approx 5.75 acres, the back of property is linked to state property (freeway).
The County wants to extend an access road, they will take approx 1 acre, I will lose my privacy and be "wide open" to the freeway (I am in a wooded area)
The County Judge wants me to "donate", I want a reasonable amount, what I am paying taxes on for that portion, he claims if I do not he will take me to court and I will get "nothing".
I know he can "take" it, does he HAVE to pay me a reasonable amount? I do not want to fight over this however I paid for it and feel the county should also.
I have found surveyors on my property, no permission from me, no paperwork from the county, is this legal?
BTW The Judge sold his very small piece to the state .07 acres for $24,600.
He claims that is "different".
He also claims the State owns part of my Property which separates the State property, the State put the fence up over 20 years ago.
Sorry so long!
TIA!
Click to expand...
Tell that Arkansas 'judge' to kiss your Razorback ass!!
What he is threatening to do is called 'exercise their right to eminent domain' and they cannot take your property without paying you fair market price. The problem typically arises in determining what that price is.
Tell this judge to talk to AG Beebe.... who has said he is NOT for abuse of eminent domain in Arkansas.
http://www.arkansasnews.com/archive/2005/07/20/DavidJSanders/324661.html

You might also consider talking to one of the attorneys in your county at: https://attorneypages.com/public/countycity.php?TID=580&LID=state&SID=3&Submit=Search
 
O

okgrace001

Junior Member
I am learning bit by bit.
I am no longer speaking with him, should he need to get any messages I expect them in writing.
This actually scares the heck out of me, I would love to up and move and not deal with this however I purchased this to hold on to because I felt it would be worth a bit more down the road.
Thanks for your help, I was beginning to think he could do it as he has threatened several property owners in our area.
 
O

okgrace001

Junior Member
Not quite understanding you, assuming you are making a funny?
I am still researching my options, would love to get some more advice.
Walked the line and looked at the markers the surveyors put up (w/o my permission) and looks as if they are going to take more than they intitially asked for.
My next step is asking for the survey since I believe it falls under public record.
 
J

JETX

Senior Member
okgrace001 said:
My next step is asking for the survey since I believe it falls under public record.
Click to expand...
Your next step should be to a real estate attorney. Who the hell cares what the survey says if you don't want them to steal any of your property??
 
O

okgrace001

Junior Member
JETX said:
Your next step should be to a real estate attorney. Who the hell cares what the survey says if you don't want them to steal any of your property??
Click to expand...


Well eventually I may have to get an attorney, right now I am getting all my ducks in a row.
If he does not give me FMV, I will get an attorney. Thanks!
 
W

Warped

Member
I'm not a lawyer!

I've been reading this site for about a year now and I can tell you that JETX wouldn't imply that you should move quickly on retaining a real estate attorney without good cause. The man knows the law backwards and forewards.

I think you should follow JETX's advice ASAP or you may wind up railroaded out of your property before you can find and retain an attorney and react.
 
J

JETX

Senior Member
Warped said:
I'm not a lawyer!

I've been reading this site for about a year now and I can tell you that JETX wouldn't imply that you should move quickly on retaining a real estate attorney without good cause. The man knows the law backwards and forewards.

I think you should follow JETX's advice ASAP or you may wind up railroaded out of your property before you can find and retain an attorney and react.
Click to expand...
Thank you for your gracious comments. :D
 
O

okgrace001

Junior Member
JETX said:
Thank you for your gracious comments. :D
Click to expand...

Thank you JETX. I am now looking for an attorney, I have read so much that my head may explode.
Time to give it to the professionals.
Thanks agian for your help!
 
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