What is the name of your state? MO
My questions concern eminent domain. I have read the archives and have read some good information. Yet I do have more questions. I do plan to consult an attorney, yet as that is some days away, I'm trying to educate myself on the subject to some degree.
My family owns 80 acres just outside the city limits of a rapidly expanding community of now about 10,000. In fact, a failed attempt to annex our and our neighbor's homes (purely incorrect surveying) about 30 years ago did take 5 acres of the SW corner into the city. I.E. the property is boardering the city limits partially on 2 sides and fully on 1 side. Now the school system is making overatures to purchase the property. They have also demonstrated interest in 4 other properties in the area. Given the location of our property it would likely be quite valuable for future development either residentially or even commercially. My elderly mother is the legal owner and I have been renting from her to occupy the property for the past two years, as we speculate that the land value will rise drastically over the next few years--except the school's overatures to purchase put the fear of eminent domain into mind. I understand the basics, but again, have more questions.
What specifically defines when / if an entity has eminent domain over an area / property?
Given the location of the property, I believe we could voluntarily, successfully request annexation into the city. Would this be worthwhile in increasing the value of the property or even feasible since the school system acquiring it would result in annexation anyway?
Does / would / could the availability of other perfectly viable properties in the area lessen the school system's potential petition of eminent domain against this property?
I understand the definition of "fair market value", but the school system's projected time frame for possession of the property is 2008 or 2009. By that time the value of this property could double or more. Yet, if they attempt a good faith negotiation for purchase now, would future value at time of possession have any relevance toward a fair purchase price / just compensation?
Since I don't know what it takes to petition for eminent domain, am I just over-reacting that they may do so in the first place?
I understand that these questions can be affected by many things and I don't expect definitive answers. I just would like a place to start. Thanks for any input you can offer. lkc15507
Just to throw this in, although aware of eminent domain, it was not a concern to me & family until today. There is a scheduled meeting with my family and the school system on Dec. 2nd. Supposed to be a friendly discussion, yet, I found surveyors, doing a topographical survey, on our property today. No notice, no permission requested--they found an unlocked gate and on they came. Upon investigation, these folks have been on our property the last 3 days at least. This is not an inexpensive survey being done. Do you think the school system would do this without a serious intent to possess the property one way or another? I didn't think so, thus my questions. Again, thanks for any input. lkc15507
My questions concern eminent domain. I have read the archives and have read some good information. Yet I do have more questions. I do plan to consult an attorney, yet as that is some days away, I'm trying to educate myself on the subject to some degree.
My family owns 80 acres just outside the city limits of a rapidly expanding community of now about 10,000. In fact, a failed attempt to annex our and our neighbor's homes (purely incorrect surveying) about 30 years ago did take 5 acres of the SW corner into the city. I.E. the property is boardering the city limits partially on 2 sides and fully on 1 side. Now the school system is making overatures to purchase the property. They have also demonstrated interest in 4 other properties in the area. Given the location of our property it would likely be quite valuable for future development either residentially or even commercially. My elderly mother is the legal owner and I have been renting from her to occupy the property for the past two years, as we speculate that the land value will rise drastically over the next few years--except the school's overatures to purchase put the fear of eminent domain into mind. I understand the basics, but again, have more questions.
What specifically defines when / if an entity has eminent domain over an area / property?
Given the location of the property, I believe we could voluntarily, successfully request annexation into the city. Would this be worthwhile in increasing the value of the property or even feasible since the school system acquiring it would result in annexation anyway?
Does / would / could the availability of other perfectly viable properties in the area lessen the school system's potential petition of eminent domain against this property?
I understand the definition of "fair market value", but the school system's projected time frame for possession of the property is 2008 or 2009. By that time the value of this property could double or more. Yet, if they attempt a good faith negotiation for purchase now, would future value at time of possession have any relevance toward a fair purchase price / just compensation?
Since I don't know what it takes to petition for eminent domain, am I just over-reacting that they may do so in the first place?
I understand that these questions can be affected by many things and I don't expect definitive answers. I just would like a place to start. Thanks for any input you can offer. lkc15507
Just to throw this in, although aware of eminent domain, it was not a concern to me & family until today. There is a scheduled meeting with my family and the school system on Dec. 2nd. Supposed to be a friendly discussion, yet, I found surveyors, doing a topographical survey, on our property today. No notice, no permission requested--they found an unlocked gate and on they came. Upon investigation, these folks have been on our property the last 3 days at least. This is not an inexpensive survey being done. Do you think the school system would do this without a serious intent to possess the property one way or another? I didn't think so, thus my questions. Again, thanks for any input. lkc15507
Last edited: