Berkeley CSUA MOTD:Entry 41547
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2006/1/26-29 [Politics/Domestic/California/Prop] UID:41547 Activity:moderate
1/26    Does anyone have a pointer to research that shows how the FMV paid
        for eminent domain purchases compare to some "fair" FMV for the
        property?  I know anecdotally the government-paid FMV is unfair,
        but some research would be nice.
        \_ The government should pay whatever the owner wants and forget
           about FMV. If the owner wants too much, the government should
           not buy it. It's that simple.
           \_ Wow, thanks for that astute analysis.
              \_ Seems like common sense and yet that's not the way we
                 are doing things at the moment.
        \_ The 5th amend. requires "just compensation" not fair market
           value. This gives a court considerable flexibility in dete-
           rmining what the appropriate value is for property. Usually
           they get an appraiser, look at the property's income (if
           use for rental purposes), and compare the prices of similar
           property in the same locale. I don't have a url w/ numbers,
           but I remember looking at a Real Estate Valuation treatise
           that had some comparisions.
           \_ Well, there was an allegation here that prices would plummet if
              a neighbor has been declared the target of eminent domain
              seizure.  Then the government would come in and pay the post-
              plummet price.  Is there anything beyond anecdotal that this
              happens?
              \_ Generally the gov. comes in and makes an offer on your
                 house prior to using ED. They would prefer that you leave
                 willing instead of being forced out. In many cases, the
                 gov. price is reasonable but not great. But it is enough
                 for the vast majority of people to sell and leave. The
                 people who suffer the low price problem are the holdouts.
                 No one wants to buy their property and they've already
                 told the gov. no, they are probably stuck getting a very
                 low ED price rather than the gov. original offer. Pre-
                 Kelo there was a HOPE that a sympathetic ct would say
                 no public use and you could stay, but now there is no
                 such hope.
        \_ Eminent domain purchases would suck in California.  For example,
           if you bought your house 10 years ago for $200,000 and had to
           sell it for $800,000 and if you wanted to buy a comparable house
           in the same area for $800,000 now your property taxes go up by
           at least a factor of 3.
           \_ I agree. For the sake of fairness, we should get rid of
              prop 13.
              \_ For the sake of truth in advertising, everyone in an ED
                 discussion should self identify as [renter,owner,want-to-own,
                 will-never-own,bitter/not-bitter].  For the sake of of well
                 run government, we should stop spending an insane amount of
                 money on our broken k-12 educational system, then we wouldn't
                 have people looking to kill prop 13 as yet another way to
                 raise taxes even if it means old people cant afford their
                 homes anymore.  Anti-prop 13?  I'll start: owner, amused,
                 feel bad for you.  I'll guess you are: renter, want-to-own,
                 will-never-own, very bitter.
                 \_ Let me guess, you have asperger symdrone and you
                    think everything is either black or white, democrat
                    or republican, good or evil, renter or buyer, happy
                    or pissed off. Fucking dumb turd.
                    \_ Sounds like he pegged you.
                       \_ Sounds like he's a bitter renter, a poor guesser,
                          and can't read well either.  Sounds like you're very
                          much the same.
                          \_ Pegged!