Eminent Domain? Time for an attorney?

[Squirrelz]

What is the name of your state? Indiana.

I just received a letter from Good Samaritan Hospital of Vincennes, Indiana, inquiring if I would be interested in selling my home to them. According to this letter they are updating their 'Master Facility Plan', yet claims there are no specific plans for expansion that would involve my home at this time. Everyone on our block has received the same letter.

I did call and left a message yesterday saying that we are not interested in selling our property.

My questions...

1. Can a community hospital utilize eminent domain to seize our home? If so, is it futile to even try to fight it?

2. Is it time for me to retain an attorney at this early of a stage? The letter is the first correspondence that I have received from them.

We love our home, and are in the process of renovating it. It sits in the historical district of the city, and was given a notable contribution rating by the historal society.

 

[FarmerJ]

Rather than sell why not go for something truly different. That you want them to pay all the cost associated with moving your home to another lot. Use the links up top to locate a real estate atty who can help you create a plan and come back to them with a counter offer. It wouldnt hurt?

 

[Ohiogal]

What is the name of your state? Indiana.

I just received a letter from Good Samaritan Hospital of Vincennes, Indiana, inquiring if I would be interested in selling my home to them. According to this letter they are updating their 'Master Facility Plan', yet claims there are no specific plans for expansion that would involve my home at this time. Everyone on our block has received the same letter.

I did call and left a message yesterday saying that we are not interested in selling our property.

My questions...

1. Can a community hospital utilize eminent domain to seize our home? If so, is it futile to even try to fight it?

Yes actually they could have the government utilize eminent domain for them. The Supreme Court ruled in Kelo that the government can seize property through eminent domain for economic development. However, many states have passed laws restricting when eminent domain can be used by governments in their state.

2. Is it time for me to retain an attorney at this early of a stage? The letter is the first correspondence that I have received from them.

You may want to contact an attorney just to talk at this point. You have forewarning that the hospital is interested. These things do take time however if the hospital is going to attempt to get your house, you will want to be prepared.

We love our home, and are in the process of renovating it. It sits in the historical district of the city, and was given a notable contribution rating by the historal society.

Those answer your questions however you could also do what was previously suggested and counteroffer to have them buy you property elsewhere and MOVE your current house.

 

[Some Random Guy]

Also, Indiana has several laws and amendments under consideration by the legislature that will restrict the ability of the government to seize private property for private use purposes.

Contact your local legislator for more info.

 

[Squirrelz]

Thank you for the information.

I'm not sure if having the house moved would in its best interest, or even possible without tearing it up. It was built in 1910, as a wood-framed house. The owner over the years, removed the wood (interior walls included) and replaced it with double-brick. He added a second floor, and also dug out the basement by hand. The interior walls are plaster on brick.

I'm afraid that it would be severely damaged if the attempt was made to move it.

We were told that one of the neighbors was contacted 2 months ago, and agreed this week to sell their home to the hospital. They are moving to the area here where the 800000 dollar homes are located at. The cheapest house there is almost 400K. I know these people, only the husband is working and he makes less then 50K yearly. They could never afford to move there unless the hospital made them a sweet deal. Makes me wonder what they worked out in order to accomplish a move to that area.

I will contact an attorney tomorrow.

 

[justalayman]

We were told that one of the neighbors was contacted 2 months ago, and agreed this week to sell their home to the hospital. They are moving to the area here where the 800000 dollar homes are located at. The cheapest house there is almost 400K. I know these people, only the husband is working and he makes less then 50K yearly. They could never afford to move there unless the hospital made them a sweet deal. Makes me wonder what they worked out in order to accomplish a move to that area.

QUOTE]

I think I would be over there talking with that former neighbor to get the lowdown.

 

[Squirrelz]

We were told that one of the neighbors was contacted 2 months ago, and agreed this week to sell their home to the hospital. They are moving to the area here where the 800000 dollar homes are located at. The cheapest house there is almost 400K. I know these people, only the husband is working and he makes less then 50K yearly. They could never afford to move there unless the hospital made them a sweet deal. Makes me wonder what they worked out in order to accomplish a move to that area.

QUOTE]

I think I would be over there talking with that former neighbor to get the lowdown.

I tried that. The only answer he would give me was that he isn't allowed to discuss anything about it.