eminent domain

[kenham]

What is the name of your state?What is the name of your state?Arizona. I posted this on the real estate forum which may have been the wrong place. My neighbors and I have been negotiationg with the city for an improvement district (sewer and water) for about the past year. Six months ago the city gave us a cost of 20K per lot (42 lots). Last week we were advised the cost was 40K and would be voted on by the city council next week. They said if an owner can't afford it they should refinance or sell. City officials now will not return our phone calls. The district requires that I give the city an easement up my road. I realize I probably can't stop them if the district goes forward but I would like to delay it until my neighbors (most against the district now) and I can decide on a better option. Should I refuse to give the easement? How much time could I delay this? Thanks in advance.
Ken

 

[seniorjudge]

Ken, you need a good real estate attorney now.

 

[Rhubarb297]

What is the name of your state?What is the name of your state?Arizona. I posted this on the real estate forum which may have been the wrong place. My neighbors and I have been negotiationg with the city for an improvement district (sewer and water) for about the past year. Six months ago the city gave us a cost of 20K per lot (42 lots). Last week we were advised the cost was 40K and would be voted on by the city council next week. They said if an owner can't afford it they should refinance or sell. City officials now will not return our phone calls. The district requires that I give the city an easement up my road. I realize I probably can't stop them if the district goes forward but I would like to delay it until my neighbors (most against the district now) and I can decide on a better option. Should I refuse to give the easement? How much time could I delay this? Thanks in advance.
Ken

I spent two years working in the highway section of the state Attorney General's office. Most of my work involved condemnation suits.

Eminent Domain involves two issues: 1) the right of the entity to take private property for a public purpose and; 2) the just compensation that is to be given.

Your question appears to be focused mostly on the former issue. As to that issue, I hate to tell you, the government wins 99% of the time. If the government has its sights set on doing the taking, there's probably not much you can to slow down the process. We won 100% of Issue 1 on summary judgment when I worked for the Attorney General's office.

Regarding the compensation you are entitled to, that issue you have a decent chance at succeeding. People who are in eminent domain often do quite well. The advice to contact an attorney, particularly one schooled in eminent domain, is a good one.