How does eminent domain compensate for restrictions ?
Q. Several years ago I sold a parcel of land reserving a restriction that no roads would be constructed. The property owners are bound by this restriction, however the land is now being taken by the state under the power of eminent domain. My restriction will now be ignored but am I entitled to be compensated the same as the land owner since this is in derogation of the restriction ? If so, what methods are used to determine the amount I'm entitled to ?
Asked by BEN W - Fri Sep 19 23:22:11 2008 - - 1 Answers - 0 Comments
A. If you're no longer the owner, how are you damaged by the road? Are you a neighbor? What was the goal of your restriction (besides no road)? I need more info. I think the state looks at comps, but first you're going to have to prove your damages.
Answered by Gala - Fri Sep 19 23:29:32 2008
Q. Several years ago I sold a parcel of land reserving a restriction that no roads would be constructed. The property owners are bound by this restriction, however the land is now being taken by the state under the power of eminent domain. My restriction will now be ignored but am I entitled to be compensated the same as the land owner since this is in derogation of the restriction ? If so, what methods are used to determine the amount I'm entitled to ?
Asked by BEN W - Fri Sep 19 23:22:11 2008 - - 1 Answers - 0 Comments
A. If you're no longer the owner, how are you damaged by the road? Are you a neighbor? What was the goal of your restriction (besides no road)? I need more info. I think the state looks at comps, but first you're going to have to prove your damages.
Answered by Gala - Fri Sep 19 23:29:32 2008
time line 1033 for eminent domain when does it start and how is the three years figured?
Q. i understand that a1033 by act of god is two years and eminent domain taken by city government is three tears , when and how is the three years figured , an irs agent said that any time you sold in first year is considered one year ,next is two and next three years, can any one confirm this,also i read that its three years after the date you close, john b
Asked by john b - Fri Jul 27 21:29:28 2007 - - 1 Answers - 0 Comments
A. Check this link ...
Answered by jdkilp - Mon Jul 30 12:31:10 2007
Q. i understand that a1033 by act of god is two years and eminent domain taken by city government is three tears , when and how is the three years figured , an irs agent said that any time you sold in first year is considered one year ,next is two and next three years, can any one confirm this,also i read that its three years after the date you close, john b
Asked by john b - Fri Jul 27 21:29:28 2007 - - 1 Answers - 0 Comments
A. Check this link ...
Answered by jdkilp - Mon Jul 30 12:31:10 2007
How is eminent domain achieved?
Q. If you have read any of Sports Illustrated there is an article by Rick Reilly called "An Unfair Fight" He talks of eminent domain and the steps on how it is achieved... but is it truly that way?
Asked by blue - Sun Aug 19 13:04:24 2007 - - 3 Answers - 0 Comments
Q. If you have read any of Sports Illustrated there is an article by Rick Reilly called "An Unfair Fight" He talks of eminent domain and the steps on how it is achieved... but is it truly that way?
Asked by blue - Sun Aug 19 13:04:24 2007 - - 3 Answers - 0 Comments
My house is being bought my eminent domain ?
Q. My house is being bought out because of eminent domain, if I was to list my house for sale it would probably go for $100,000 anybody know if when a house goes for eminent domain if they give you that amount or is it usually higher than what you'd actually put it up for sale for ?
Asked by robin_32470 - Wed Oct 22 15:32:08 2008 - - 5 Answers - 0 Comments
A. i recently heard in my area that there is some 1 who stands 4 homeowner rights. I also previously heard of a village that helped a farmer fight 4 his land that these idiots tried 2 take away when he chose NOT 2 sell. needless 2 say, I heard thru the local news that he lost his life fighting 4 his land that was ALWAYS kept in the family. this farmer was fatally shot while fighting 4 his right 2 keep his land. after agents killed him, that's the last we ever heard of this. I'm sure there r other sad stories like this, which is y some 1 in authority has stepped up2 the plate 2 protect homeowners. God say in the 10 commandments Thou Shalt NOT Steal. sorry, but eminent domain is stealing when they rip away ownership from ANY 1 who says NO. NO… [cont.]
Answered by saved_astronaut - Wed Oct 22 15:45:15 2008
Q. My house is being bought out because of eminent domain, if I was to list my house for sale it would probably go for $100,000 anybody know if when a house goes for eminent domain if they give you that amount or is it usually higher than what you'd actually put it up for sale for ?
Asked by robin_32470 - Wed Oct 22 15:32:08 2008 - - 5 Answers - 0 Comments
A. i recently heard in my area that there is some 1 who stands 4 homeowner rights. I also previously heard of a village that helped a farmer fight 4 his land that these idiots tried 2 take away when he chose NOT 2 sell. needless 2 say, I heard thru the local news that he lost his life fighting 4 his land that was ALWAYS kept in the family. this farmer was fatally shot while fighting 4 his right 2 keep his land. after agents killed him, that's the last we ever heard of this. I'm sure there r other sad stories like this, which is y some 1 in authority has stepped up2 the plate 2 protect homeowners. God say in the 10 commandments Thou Shalt NOT Steal. sorry, but eminent domain is stealing when they rip away ownership from ANY 1 who says NO. NO… [cont.]
Answered by saved_astronaut - Wed Oct 22 15:45:15 2008
How do you feel about the issue of eminent domain?
Q. Basically, eminent domain says that the government has authority to seize your property in the name of urban renewal, i.e. your house is not earning any money, corporations have the right to build things on your property to generate income for the town. For more information, refer to: Bipartisan support is trying to overturn the Supreme Court decison, in states across the country.
Asked by bluefire - Tue Feb 21 02:51:47 2006 - - 2 Answers - 0 Comments
A. Historically in the US, eminent domain has been used only sparingly, and only for projects done by the government which have a measurable public purpose; for example, roads, schools, government buildings, etc. Kelo vs. New London changed all that; it is now legal to condemn and seize private property for the purpose of selling it to other private owners in order to increase the tax base of a municipality. In my opinion, Kelo vs. New London is the worst Supreme Court decision in at least 30 years. It paves the way for all kinds of intrusions on private property. The sanctity of property ownership is one of the cornerstones of a free society. I hope Congress successfully creates legislation to overturn the effects of Kelo.
Answered by sandislandtim - Tue Feb 21 09:23:48 2006
Q. Basically, eminent domain says that the government has authority to seize your property in the name of urban renewal, i.e. your house is not earning any money, corporations have the right to build things on your property to generate income for the town. For more information, refer to: Bipartisan support is trying to overturn the Supreme Court decison, in states across the country.
Asked by bluefire - Tue Feb 21 02:51:47 2006 - - 2 Answers - 0 Comments
A. Historically in the US, eminent domain has been used only sparingly, and only for projects done by the government which have a measurable public purpose; for example, roads, schools, government buildings, etc. Kelo vs. New London changed all that; it is now legal to condemn and seize private property for the purpose of selling it to other private owners in order to increase the tax base of a municipality. In my opinion, Kelo vs. New London is the worst Supreme Court decision in at least 30 years. It paves the way for all kinds of intrusions on private property. The sanctity of property ownership is one of the cornerstones of a free society. I hope Congress successfully creates legislation to overturn the effects of Kelo.
Answered by sandislandtim - Tue Feb 21 09:23:48 2006
What senator lost his home to Walmart/eminent domain?
Q. Which senator lost his home to eminent domain after fighting for it? I don't remember where or who his name his, but I would really like to know!
Asked by texas girl - Sat Oct 28 13:10:35 2006 - - 3 Answers - 0 Comments
A. Darn I cant remember either but I believe he was in the north east and I am thinking its New Jersey but cant swear to it.And whats so ironic is he voted for it. I just found it..,Justice Souter out of New Hampshire,found it on Drudege check out sources for sites.Hope this helps.
Answered by halfbright - Sat Oct 28 13:16:16 2006
Q. Which senator lost his home to eminent domain after fighting for it? I don't remember where or who his name his, but I would really like to know!
Asked by texas girl - Sat Oct 28 13:10:35 2006 - - 3 Answers - 0 Comments
A. Darn I cant remember either but I believe he was in the north east and I am thinking its New Jersey but cant swear to it.And whats so ironic is he voted for it. I just found it..,Justice Souter out of New Hampshire,found it on Drudege check out sources for sites.Hope this helps.
Answered by halfbright - Sat Oct 28 13:16:16 2006
Is any part of a court awarded eminent domain payment taxable as ordinary income?
Q. Land was taken. Taking gov agcy pays a lowball deposit. Jury awards a figure exceeding deposit, statute says "interest" running from date of take on the undeposited proceeds is also to be calculated and due recipient to date of final payment. IRS treats award amt as cap gains. Is the portion received by land owner called "interest" truly interest income, taxable by feds at higher ordinary income rates, or just an added part of the award taxble/treatable same as basic award figure.
Asked by sashayeltsin - Wed Jun 4 05:45:06 2008 - - 2 Answers - 0 Comments
Q. Land was taken. Taking gov agcy pays a lowball deposit. Jury awards a figure exceeding deposit, statute says "interest" running from date of take on the undeposited proceeds is also to be calculated and due recipient to date of final payment. IRS treats award amt as cap gains. Is the portion received by land owner called "interest" truly interest income, taxable by feds at higher ordinary income rates, or just an added part of the award taxble/treatable same as basic award figure.
Asked by sashayeltsin - Wed Jun 4 05:45:06 2008 - - 2 Answers - 0 Comments
eminent domain: How much over fair market value can you get without going to court?
Q. Our home and land will be taken to build a highway. We want to get as much as we can, without going to court. We really don't want to pursue that option. We do however want to get as much as possible. From our understanding they will set us up in another home, but we will still have our morgage. We feel that if they take our house they can have the morgage too. Our goal is to pay our house off and we have been paying extra every month since the purchase. We see this as chance to pay it off alot sooner than we planed.
Asked by terrywroten - Sat Feb 11 13:03:35 2006 - - 1 Answers - 2 Comments
A. Wow, I didn't know stuff like that still happened. I've seen if for stadiums but not highways. I have two answers, contact the ACLU, and start a petition with signatures of all others that are affected by this. I'm sure they feel like you do, attract as much publicity as you can, public offices don't like to look bad.
Answered by modeep79 - Sat Feb 11 13:15:13 2006
Q. Our home and land will be taken to build a highway. We want to get as much as we can, without going to court. We really don't want to pursue that option. We do however want to get as much as possible. From our understanding they will set us up in another home, but we will still have our morgage. We feel that if they take our house they can have the morgage too. Our goal is to pay our house off and we have been paying extra every month since the purchase. We see this as chance to pay it off alot sooner than we planed.
Asked by terrywroten - Sat Feb 11 13:03:35 2006 - - 1 Answers - 2 Comments
A. Wow, I didn't know stuff like that still happened. I've seen if for stadiums but not highways. I have two answers, contact the ACLU, and start a petition with signatures of all others that are affected by this. I'm sure they feel like you do, attract as much publicity as you can, public offices don't like to look bad.
Answered by modeep79 - Sat Feb 11 13:15:13 2006
Why doesn't the Government use Eminent Domain to seize abandoned houses?
Q. That way, they could sell them to the poor and homeless for $1 to help them get on their feet.
Asked by A Boot Stamping A Face Forever - Tue Feb 24 09:51:41 2009 - - 11 Answers - 0 Comments
Q. That way, they could sell them to the poor and homeless for $1 to help them get on their feet.
Asked by A Boot Stamping A Face Forever - Tue Feb 24 09:51:41 2009 - - 11 Answers - 0 Comments
What interest groups either support or condemn Eminent Domain?
Q. I need to name a couple of influensial interest groups for or against Eminent Domain for an Ap Gov, but i can't find any,
Asked by andrew k - Sun May 18 01:41:02 2008 - - 2 Answers - 0 Comments
A. International Economic Development Council, a trade association representing development and redevelopment organizations and agencies is for eminent domain. Reason.org is against it as are most property owners.
Answered by trybeingobjective - Sun May 18 01:51:50 2008
Q. I need to name a couple of influensial interest groups for or against Eminent Domain for an Ap Gov, but i can't find any,
Asked by andrew k - Sun May 18 01:41:02 2008 - - 2 Answers - 0 Comments
A. International Economic Development Council, a trade association representing development and redevelopment organizations and agencies is for eminent domain. Reason.org is against it as are most property owners.
Answered by trybeingobjective - Sun May 18 01:51:50 2008
a good outline for a Eminent Domain reseach paper?
Q. I'm writing a paper on Eminent Domain and I need a good outline for it. Any suggestions?
Asked by Lindsey G - Tue May 1 23:57:50 2007 - - 1 Answers - 0 Comments
A. Use an example of how unfair eminent domain can be to the individual, then explain why eminent domain is important for the progress of our nation as a whole, why the needs of the many outwiegh the needs of the few. Close it by saying it is a right the government must execute carefully and with justification in all cases.
Answered by l3ubbathedog - Wed May 2 00:08:23 2007
Q. I'm writing a paper on Eminent Domain and I need a good outline for it. Any suggestions?
Asked by Lindsey G - Tue May 1 23:57:50 2007 - - 1 Answers - 0 Comments
A. Use an example of how unfair eminent domain can be to the individual, then explain why eminent domain is important for the progress of our nation as a whole, why the needs of the many outwiegh the needs of the few. Close it by saying it is a right the government must execute carefully and with justification in all cases.
Answered by l3ubbathedog - Wed May 2 00:08:23 2007
What are the two sides to eminent domain?
Q. The government's reason for doing it? The benefits? I should have been more specific. Does the government tell the public that there is a beneficial reason for declaring eminent domain? If so, what is it? Or do they just go, "I'm taking your land. Nuts to you!"
Asked by Astrid79 - Fri Oct 27 18:15:23 2006 - - 6 Answers - 0 Comments
A. On the philosophical level, government should have a right to obtain property, provided the owner is properly compensated, for the greater good of the majority, improving the economy, providing roadways, railways, bridges, creating parks, national landmarks, forests, etc. On the realistic side, there is danger of catering to business interests while undercompensating private property owners. Supposedly, through eminent domain the individual's righjt to his property is sacrificed to the benefits for the majority.
Answered by seversdatter - Fri Oct 27 18:25:19 2006
Q. The government's reason for doing it? The benefits? I should have been more specific. Does the government tell the public that there is a beneficial reason for declaring eminent domain? If so, what is it? Or do they just go, "I'm taking your land. Nuts to you!"
Asked by Astrid79 - Fri Oct 27 18:15:23 2006 - - 6 Answers - 0 Comments
A. On the philosophical level, government should have a right to obtain property, provided the owner is properly compensated, for the greater good of the majority, improving the economy, providing roadways, railways, bridges, creating parks, national landmarks, forests, etc. On the realistic side, there is danger of catering to business interests while undercompensating private property owners. Supposedly, through eminent domain the individual's righjt to his property is sacrificed to the benefits for the majority.
Answered by seversdatter - Fri Oct 27 18:25:19 2006
What is eminent domain and why is the Kelo case important?
Q. What is eminent domain and why is the Kelo case important?
Asked by Andy G - Sat Dec 15 20:21:10 2007 - - 1 Answers - 0 Comments
A. Eminent domain allows government to purchase private property for use to benefit the general public. The original intent of this law was to enable government to build highways, bridge, etc., those things needed to serve a community's or nation's needs. Lately, municipalities have been using eminent domain to take over properties where they thought that renovation was in the best interest of city or community. Thus properties were forcefully purchased from unwilling owners and then those properties were sold to developers to accomplish the renovation. That is what the Kelo case is all about. The importance is that the practice allows municipalities to force people to sell their homes in order to accommodate reconstruction of a section of… [cont.]
Answered by Matt D - Sat Dec 15 20:38:00 2007
Q. What is eminent domain and why is the Kelo case important?
Asked by Andy G - Sat Dec 15 20:21:10 2007 - - 1 Answers - 0 Comments
A. Eminent domain allows government to purchase private property for use to benefit the general public. The original intent of this law was to enable government to build highways, bridge, etc., those things needed to serve a community's or nation's needs. Lately, municipalities have been using eminent domain to take over properties where they thought that renovation was in the best interest of city or community. Thus properties were forcefully purchased from unwilling owners and then those properties were sold to developers to accomplish the renovation. That is what the Kelo case is all about. The importance is that the practice allows municipalities to force people to sell their homes in order to accommodate reconstruction of a section of… [cont.]
Answered by Matt D - Sat Dec 15 20:38:00 2007
Does anyone know of a strong quote about eminent domain?
Q. I need one that actually supports eminent domain (which is probablly why i'm having such a hard time doing this)
Asked by The Wuster ^^ - Tue May 5 22:09:38 2009 - - 2 Answers - 0 Comments
A. Google Eminent domain and Robert Moses...he was the king of taking land here in NYC
Answered by Dave87gn - Tue May 5 22:13:50 2009
Q. I need one that actually supports eminent domain (which is probablly why i'm having such a hard time doing this)
Asked by The Wuster ^^ - Tue May 5 22:09:38 2009 - - 2 Answers - 0 Comments
A. Google Eminent domain and Robert Moses...he was the king of taking land here in NYC
Answered by Dave87gn - Tue May 5 22:13:50 2009
Do you think that eminent domain should be allowed?
Q. if the property is needed for a highway going through, I guess you can't stop progress, but, for hi rises, stores, etc?
Asked by snowbunny - Tue Jul 11 08:28:52 2006 - - 8 Answers - 0 Comments
A. Eminent Domain should be evoked only if a property is going to be converted to communal use. But what is going on now is that city councils are evoking eminent domain abuse claiming that particular buildings are "blighted". Honestly, what they want is a condominium, or other commercial interest that will generate for the city more tax revenues. This phenomenon is one piece of evidence that we have strayed far from the path of classical liberalism upon which we were placed by our forefathers. They believed in limited governmental roles and maximized individual responsibilities. The very fact that governments are acting unscrupulously in order to grow their taxes means that they are wanting to increase their functions.
Answered by rlw - Tue Jul 11 09:12:43 2006
Q. if the property is needed for a highway going through, I guess you can't stop progress, but, for hi rises, stores, etc?
Asked by snowbunny - Tue Jul 11 08:28:52 2006 - - 8 Answers - 0 Comments
A. Eminent Domain should be evoked only if a property is going to be converted to communal use. But what is going on now is that city councils are evoking eminent domain abuse claiming that particular buildings are "blighted". Honestly, what they want is a condominium, or other commercial interest that will generate for the city more tax revenues. This phenomenon is one piece of evidence that we have strayed far from the path of classical liberalism upon which we were placed by our forefathers. They believed in limited governmental roles and maximized individual responsibilities. The very fact that governments are acting unscrupulously in order to grow their taxes means that they are wanting to increase their functions.
Answered by rlw - Tue Jul 11 09:12:43 2006
Should the government have the power to use eminent domain?
Q. Under what circumstances do you think the government can excercise this power? Why?
Asked by Tim - Wed Apr 4 00:47:12 2007 - - 15 Answers - 0 Comments
A. No. Not under any set of circumstances. It is such a dangerous expansion of government power. I can't imagine anyone who agrees with the use of eminent domain would continue to agree if it were their property being seized. And I can't think of any situation that would be so dire as to use it. Agreements can always be made but the government should never force this upon anyone.
Answered by supertamsf - Wed Apr 4 01:19:19 2007
Q. Under what circumstances do you think the government can excercise this power? Why?
Asked by Tim - Wed Apr 4 00:47:12 2007 - - 15 Answers - 0 Comments
A. No. Not under any set of circumstances. It is such a dangerous expansion of government power. I can't imagine anyone who agrees with the use of eminent domain would continue to agree if it were their property being seized. And I can't think of any situation that would be so dire as to use it. Agreements can always be made but the government should never force this upon anyone.
Answered by supertamsf - Wed Apr 4 01:19:19 2007
Did Barak Obama ever have a position statement against the "abuse of eminent domain" in his campaign?
Q. I sent an e-mail once to the democratic national committee & never got a response prior to his election. Did the same thing to John McCain's campaign headquarters & never got a response.
Asked by ocean swimracer ray - Mon Jun 22 18:42:04 2009 - - 4 Answers - 0 Comments
A. no. Barack Obama did not have that statement in his campaign.
Answered by Fox News is the best! - Tue Jun 30 16:18:24 2009
Q. I sent an e-mail once to the democratic national committee & never got a response prior to his election. Did the same thing to John McCain's campaign headquarters & never got a response.
Asked by ocean swimracer ray - Mon Jun 22 18:42:04 2009 - - 4 Answers - 0 Comments
A. no. Barack Obama did not have that statement in his campaign.
Answered by Fox News is the best! - Tue Jun 30 16:18:24 2009
Which retailer has used eminent domain the most?
Q. Does anyone know what are the top 5 retalers that have used eminent domain the most?
Asked by 69gtodude@sbcglobal.net - Sat Aug 5 03:05:10 2006 - - 2 Answers - 0 Comments
A. Eminent Domain is a legal provision that allows the government to take private property for the benefit of the public at large. Example... taking land from a private owner in order to widen a road. In other instances, property can be taken away for the benefit of a third party, say utilities right of way. The original land owner must be compensated fairly. I do not know what retailers frequently get the government to do that for them but I remember recently, there was an uproar concerning a certain city government trying to exercise eminent domain so that a shopping center may be built. In June 2006, George Bush signed an executive order limiting the usage of eminent domain and that it may not be used "for the purpose of advancing the… [cont.]
Answered by robert S - Sat Aug 5 12:33:26 2006
Q. Does anyone know what are the top 5 retalers that have used eminent domain the most?
Asked by 69gtodude@sbcglobal.net - Sat Aug 5 03:05:10 2006 - - 2 Answers - 0 Comments
A. Eminent Domain is a legal provision that allows the government to take private property for the benefit of the public at large. Example... taking land from a private owner in order to widen a road. In other instances, property can be taken away for the benefit of a third party, say utilities right of way. The original land owner must be compensated fairly. I do not know what retailers frequently get the government to do that for them but I remember recently, there was an uproar concerning a certain city government trying to exercise eminent domain so that a shopping center may be built. In June 2006, George Bush signed an executive order limiting the usage of eminent domain and that it may not be used "for the purpose of advancing the… [cont.]
Answered by robert S - Sat Aug 5 12:33:26 2006
How to write a petition, for signing to save a business from falling to eminent domain in Oklahoma City?
Q. This business has over 300 dealers inside, 30 years old, a small business that is family ran.
Asked by Wood Enterprise b - Sun Sep 3 16:55:11 2006 - - 4 Answers - 0 Comments
A. Contact your city mayor and notify him/her of your intent. The mayor can get you started on the proper petition procedure. Once you have the petition in hand with signatures, then present it at the next city council meeting. Good Luck!
Answered by BeachBum - Mon Sep 4 06:53:27 2006
Q. This business has over 300 dealers inside, 30 years old, a small business that is family ran.
Asked by Wood Enterprise b - Sun Sep 3 16:55:11 2006 - - 4 Answers - 0 Comments
A. Contact your city mayor and notify him/her of your intent. The mayor can get you started on the proper petition procedure. Once you have the petition in hand with signatures, then present it at the next city council meeting. Good Luck!
Answered by BeachBum - Mon Sep 4 06:53:27 2006
Tell me about the eminent domain law in new jersey? or in general?
Q. what is eminent domain?
Asked by divinemadness - Mon Jul 2 02:25:50 2007 - - 1 Answers - 0 Comments
A. hope this helps it is a lengthy explanation but thorough
Answered by s b - Mon Jul 2 02:33:17 2007
Q. what is eminent domain?
Asked by divinemadness - Mon Jul 2 02:25:50 2007 - - 1 Answers - 0 Comments
A. hope this helps it is a lengthy explanation but thorough
Answered by s b - Mon Jul 2 02:33:17 2007
From Yahoo Answer Search: 'eminent domain'
Mon Sep 14 02:07:09 2009 [ refresh local cache ]
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Barnstable Patriot
Among the powers not under consideration are those of eminent domain . Buntich said that there is no intent to pursue that within the entity's authority. ...
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Eminent Domain A Necessity or Out of Control Robyn Flohrschutz
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Stephen Stirling
hu, 28 May 2009 09:00:21 GM
The EDC said a public hearing on . eminent domain. will be held at Flushing Town Hall on June 22, a procedural first step in the legal process through which the city plans to take the remaining 22 acres of land at Willets Point. ...
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