If you can be forced to sell your property to the highest bidder what the hell’s left of private property rights?
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No. It is not that simple. In order to succeed in an eminent domain suit the govt, has to show a substantial governmental interest in its acquisition. Obviously, the court did not find the substantial interest here and the suit failed.
Developers, rarely use eminent domain because it is too expensive to the developer. Often, like in the recent Lakewood case, it is the politicians who push eminent domain to create jobs and tax base.
It is cheaper and easier just to make an offer on the property directly to the owner and save the legal fees. Multiple appraisals are required in these cases to get to the proper value and the property owner will bring in their appraiser as well.
If you read the articles, by all accounts, Trump made a purchase offer prior to the suit.
The last thing about condemnation is that each state has its own code and caselaw. The only time federal law comes in is when it is the federal government that wants to E.D.
Plus the property owner typically gets the property valuation based upon highest and best use if the zoning is achieved. For many property owners, its the financial equivalent of a lottery ticket.
I don’t have a problem with the purchase offer.
I have a big problem in suing to try force his way anyway.
To defend yourself in court costs a fortune and is an awful experience - all because you don’t want to sell.