So, anyone have experience with road construction obliterating your house?

[callinectes]

I learned today that a new (and unnecessary IMHO) road widening project will cause the right of way to run through the middle of my house. So..that means I'm outta my house at some point in the next year or two. Has anyone ever been through this process or know anything about it? How do the determine how much I get, etc?

I admit the gentleman at the DOT office did tell me some of these things today. But, when he explained the map to me and said "That means we will buy your house"... I didn't hear or process anything else. I was too busy concentrating on trying not throwing up or cry.

Now that a few hours have passed I feel much better but my brain is swirling with questions. I plan to go back down and talk to the gentleman tomorrow but I would appreciate some advice from anyone with experience. Thanks!

 

[DVS]

I'd get the advice of a lawyer. They need you out of that house and they will try to pay you as little as they can get away with to get you out. Sure, they will say it's a fair market value, but you need a third party to make sure you get what is fair to you.

Maybe you could start up a group with the other affected homeowners, so you have more power, if necessary. Sharing lawyer fees could be a benefit of that.

In some jurisdictions, there is a clause that entitles city fathers to consider property blighted so they can assume possession by eminent domain. That means they would be able to force you out, for the betterment of the community, if they find it necessary. They would still have to pay you, but their version of "fair market value" might not be the same as yours.

Just be sure to find out the situation from someone besides the DOT people. Consider them the opposition in this situation. Sure, they might seem like they are being straightforward and honest with you, but you need to be sure.

 

[callinectes]

Thanks DVS. I had decided to hire a lawyer to represent me durng the negotiations but I hadn't thought of grouping with my neighbors. Very good idea!

This isn't a derelict or blighted property situtation. I live in your average suburban subdivison of 1500sq 3/br 2 bath houses. The oldest house is 12 years old I think. My backyard backs up to a two lane road with about a 12 foot right of way past my property line. They are widening the road to 5 lanes with a 25 foot right of way on each side.

I figured they would wipe out the house across the road from me as it is on a large lot and the house is basically a run down shack. Lo and behold there is something historic about it (what I don't know) so the DOT can't touch that property. You know what though..the guy will hold on to it, the road will be built, then he will get it rezoned as commercial and sell it for a million because it will be on a prime corner. It kinda sucks that guy's property is protected and then he can realize a huge windfall but I get booted from my home.

Anyway, I'm trying to be postive..and I'm not above throwing down the whole "I am a single mother with a young child and you are taking my house" card in this situation.

 

[Chicklet]

i don't have any advise for you but i'm irritated on your behalf. the side of yourself you're presenting here seems very patient. i think i'd be PISSED.

wishing you the best of luck.

 

[graceanne]

Holy Cow. DVS' advice rocks. The neighborhood association thing is a VERY good idea, cause the people I know this happened to got screwed. 'Fair market value' my ass.

 

[TheDivineMsM]

I agree with getting a lawyer immediately...
They actually condemmed some houses in my town and forced the owners out...(their houses were not old or in disrepair) but when you deal with the giverment and powers that be...be prepared for a royal screwing...And since your a sigle mother, and woman obviously...they will try an intimidate, trick, and otherwise finagle you out of your due..
protect yourself and watch out for imminent domain laws...

*excuse my spelling my word program is acting up*

 

[callinectes]

Thanks everyone. I am very pissed but at this point I figure it is better to have them take my house as opposed to half of my backyard..and end up with a tiny yard backed up to a 5-lane road.

Yeah, I hear you about fair market value. WTF does that mean? Besides, buying a new house within the next couple of years just wasn't in my planm yanno? I have a nice little mortgage payment and there is no way I can get into a comparable house for what I am paying now. Not to mention there are all kinds of incidental costs associated with this.

Don't worry..I will haev a lawyer and I will have him/her do the negotiating for me. I really like the idea of banding up with my neighbors and I plan to talk to them tonight.

 

[Blushing Bottom]

I really hate to be the bearer of bad news but ED or eminent domain is how they take what doesn't rightfully belong to them for "the greater good."

definition of ED...

"The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is "justly compensated" (usually, paid fair market value) for his or her loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals or other public buildings. Sometimes called condemnation, taking or expropriation."

 

[m wisdom]

This happened to my parents a few years ago and what you get for your house depends a lot on how cheap the government official that is doing the deal is.

They didn't have any problems, the government had a guy value the house, my parents had a guy value the house and they got the middle price. They also got 4 years before they had to move so no big problem.

But I do know that here in Sweden a "fair market value" is the market value the house had 10years ago so it all depends on who you have to deal with.

You got some good advice about getting a layer and banding up, media attention is also a good way to scare up the price

Best of luck.

 

[catalina_francisco]

I so hope this works out in your favour but my experience from similar situations in Oz is that the house owner rarely gets a fair payment, and in some of the cases I know of, the government then changed their mind and resold the houses they had bought at a huge profit while the former owners were still struggling to rake up enough for another house.

Catalina

 

[satindesire]

That's very Hitchhikers Guide to the Galaxy, there. Sorry honey.

 

[callinectes]

That's very Hitchhikers Guide to the Galaxy, there. Sorry honey.

Ha! I had the exact same thought. Wanna know what's even funnier? The public information open house during which this plan was unveiled was on a Tuesday! LMAO

It wasn't in a basement though.

 

[callinectes]

I so hope this works out in your favour but my experience from similar situations in Oz is that the house owner rarely gets a fair payment, and in some of the cases I know of, the government then changed their mind and resold the houses they had bought at a huge profit while the former owners were still struggling to rake up enough for another house.

Catalina

I have been doing a lot of research into what I can expect and the federal guidelines on compensation are fairly generous. Because part of this project is federally funded the state and county will have to adhere to those rules. Of course my attorney will be handling the negotiations but I am obsessing right now and can't stop researching. I actually think I may come out of this okay, especially if I choose to keep the strip of property that is past the easement as it has commercial potential.

I spoke to a friend of a friend a couple of days ago..the same thing happened to him. Because he had some acreage and didn't want to move, he got the DOT to pay to build another house on the other end of the property. They even cut in and paved the the 200 yard long driveway.

Even if I come out finacially okay the stress and hassle will still suck. I can't get a firm timeline on when all of this is supposed to start and that is driving me nuts. One guy says a year, another says four! So, to pass the time I have been looking at buildable lots and houseplans. LOL

OH..Blushing Bottom..I know all about ED and I am not going to waste my time fighting it. I plan to be sweet and cooperative and get the hell out early.

 

[RJMasters]

callinectes,

I don't have any advice to offer other than what has been given with getting a lawyer to represent you. Since you have done that, I think you are doing about all you can do.

I just wish to say that it sucks and I am sorry that you have to deal with this. Make sure that your moving expensives are also included into whatever settlement. Its not fair them making you move and you having to pay a couple of thousand out of pocket to do so. Make sure you lawyer adds that into the mix.

I wish you the best of luck in dealing with this and hope it works out for you smoothly.

~RJ

 

[callinectes]

Thanks, RJ.

 

[DVS]

I have been doing a lot of research into what I can expect and the federal guidelines on compensation are fairly generous. Because part of this project is federally funded the state and county will have to adhere to those rules. Of course my attorney will be handling the negotiations but I am obsessing right now and can't stop researching. I actually think I may come out of this okay, especially if I choose to keep the strip of property that is past the easement as it has commercial potential.

I spoke to a friend of a friend a couple of days ago..the same thing happened to him. Because he had some acreage and didn't want to move, he got the DOT to pay to build another house on the other end of the property. They even cut in and paved the the 200 yard long driveway.

Even if I come out finacially okay the stress and hassle will still suck. I can't get a firm timeline on when all of this is supposed to start and that is driving me nuts. One guy says a year, another says four! So, to pass the time I have been looking at buildable lots and houseplans. LOL

OH..Blushing Bottom..I know all about ED and I am not going to waste my time fighting it. I plan to be sweet and cooperative and get the hell out early.

The bottom seems to be falling out of the housing market bubble, so maybe you will benefit there, too. Watch the prices to see if they are going down, when you decide to buy. If they are, by waiting and watching, you might save some more money.

Keep track of the patterns of housing sales and such. During these recovery times, you can get a pretty good deal on things. Watch prices and also wait to see what the Fed does with the interest rates.

This might all be happening at a good time.

 

[Netzach]

I learned today that a new (and unnecessary IMHO) road widening project will cause the right of way to run through the middle of my house. So..that means I'm outta my house at some point in the next year or two. Has anyone ever been through this process or know anything about it? How do the determine how much I get, etc?

I admit the gentleman at the DOT office did tell me some of these things today. But, when he explained the map to me and said "That means we will buy your house"... I didn't hear or process anything else. I was too busy concentrating on trying not throwing up or cry.

Now that a few hours have passed I feel much better but my brain is swirling with questions. I plan to go back down and talk to the gentleman tomorrow but I would appreciate some advice from anyone with experience. Thanks!

You will need a good appraiser. Shop really carefully for this. Federal guidelines are generous, but implementation is sometimes another story entirely. I know someone dealing with this with a business, which is somewhat different, and it's not always smooth sailing, buckle down and do everything as quickly as you can without overlooking things. Someone on the chain of events can and will drag ass.

 

[Netzach]

I figured they would wipe out the house across the road from me as it is on a large lot and the house is basically a run down shack. Lo and behold there is something historic about it (what I don't know) so the DOT can't touch that property. You know what though..the guy will hold on to it, the road will be built, then he will get it rezoned as commercial and sell it for a million because it will be on a prime corner. It kinda sucks that guy's property is protected and then he can realize a huge windfall but I get booted from my home.

Anyway, I'm trying to be postive..and I'm not above throwing down the whole "I am a single mother with a young child and you are taking my house" card in this situation.

Find out if the "historic" value is that historically it belongs to someone on your local council or their brother or their favorite stripper's dog or something -- leak to local press.

 

[callinectes]

Find out if the "historic" value is that historically it belongs to someone on your local council or their brother or their favorite stripper's dog or something -- leak to local press.

I like the way you think! Time to contact my friend that knows everyone in town and who they are sleeping with.


Netz and DVS, thanks for the excellent advice. There are so many little things to think about...it's nice to be able to pick so many brains.
Daddy and I went riding around last night, the first of many re-con missions I am sure. I aso have a stack of those real estate magazines they have the grocery stores and such and will start looking for trends. A friend's father is an appraiser, I need to call him too.