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! |