EMINENT DOMAIN

[WiznUP]

Is anyone familiar with and Emininet Domain cases where the Condemor is allowed to destroy 20 to 30 trees on the property and not pay "Just Compensation" for those trees since there are 300 to 400 trees on the acreage and they say the loss of these trees will not affect the resale value. (These are mature Oak, Pecan and Black Walnut trees, 24 to 40 inches in diameter?)

[andyandval]

No.

[Dog Gone]

These are not hard legal cases. But you need local legal counsel in order to contest the case. You're wasting your time looking for help on FR.

[WiznUP]

Right now, I am looking for ideas. The only thing they want to pay is the difference in land value after trees are destroyed vs before trees are destroyed. Destroying trees and saying they have no value is not "Just Compensation" as required in Eminent Domain laws.

[Dog Gone]

Get a lawyer. Even if you spelled out your legal case in terms that can't be disputed, we can't help you.

Get a lawyer.

[labette]

Unless prices have dropped very recently, demand for hardwoods are up. A GOOD black walnut like you described could easily pay you $1,000.

A logger will give you bids.

[FortRumbull]

Do you own the land?? Generally, in takings the owner is allowed to remove items of personal property, etc. and this would include trees. Why don't you just log them off?

[WiznUP]

Well, we had the Eminent Domain hearing on 12/5/06. I could not afford to be represented by an attorney or find one who would work "Pro-bono", so I had to represent myself.

The county had offered me $19,467.00. The 3 special commissioners awarded me $60,952.00 (I had asked for $133,396.83, for the land, easements, trees, landscaping, sprinkler system, fencing, and damages to the rest of the property, so their award was only 45% of what I had asked for). The only question that the county wanted to know was what part of the Commissioner's award was for the trees. They were told that it was $10,000.00, for the 29 trees, vs the $2,000.00 the county had offered me. (The 3 Special Commissioners were shocked that the county was going to destroy all of these trees and replant none, zero, zip, but the county would re-sod the area once they were done, even so they have been told that sod will not restore the limestone/coliche mix that is there now.)

On 12/18/06, the county filed an appeal to my award, saying it was "grossly enormous". I have until 1/2/07 to file my answer or not to file, but it looks like we're off to County Court.

The only problem with this mess is that the County is destroying my use of 35% of my property (16,801 square feet which is over 1/3 of an acre) while I will have to continue to pay taxes on 100% of the property. This award was definitely not "JUST COMPENSATION" for what the county is trying to do to my property

Will keep you posted.

Bob

[WiznUP]

And the case continues on