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The Eminent Domain Procedure Refers to the States Power to Possess Your Home.

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The eminent domain procedure start with the government wanting to take possession of your home and having the right to do so if it is needed for public use.

If you’re thinking this isn’t that big of a problem because how often do they actually need residential land for public use, it’s time to understand exactly what’s going on here.

What’s alarming, is that in some areas the government has given that power over to private companies.

Currently those private companies are made up of telephone, water, power, and gas companies that need to run lines.

However, there have also been cases where wealthy developers have been allowed to initiate the eminent domain act.

What does that mean to you? It means as a homeowner your home is at risk of having your home procured under the eminent domain act.

Government found it fitting to include an act under the Fifth Amendment that any home owner that lost their home through expropriation was entitled to the fair market value of that property, yet seldom do home owners receive what their house is worth.

The problem is that how this value is interpreted varies a great deal between different government agencies and different jurisdictions.

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Eminent Danger Gone Crazy

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The Steps of Eminent Domain Procedure

While steps to procurement vary between government departments these are the basics:

• 1. The government will try to negotiate a purchase price based on their analysis of what is fair market value.
• 2. If you don’t want to sell the government will simply file a court action, which will allow them to exercise eminent domain and serve notice on you of a hearing.
• 3. You and the government will appear at the hearing and government will show that they have negotiated with you in good faith but an agreement was not reached.
• 4. The court then makes a decision and it is almost always in favour of the government. They also determine the price you’ll be paid.
• So you see, you don’t really have a say in what’s going to happen. You may have the title to your property but if the government wants it they will have it.

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Theirs for the Taking

There are a variety of different takings that can be part of the eminent domain procedure.

They can completely take over your property, take over only a portion of it, or temporarily take it. They can also take a portion for easements and right of ways.

If you want to witness the value of your property depreciates significantly over night, just have the government procure a portion of it.

Usually these partial takings are not good for the homeowner. They can result in a road now running by the home, or a host of things that deplete your property value.

And that means no matter the reason they want your property, they can obtain it, even if you aren’t in the mood to part with it.

And now that a few wealthy might have this same option where does that leave you?

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What’s Fair Value and who Decides?

Fair value is usually the fair market value at the time of the expropriation.

In other words, the most money a person would pay to own your property.

The date that the fair value is taken depends on the government. The government will call upon one of their own appraisers during this process.

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Where Do You Stand?

You can see how in this eminent domain procedure you can easily be victimized.

Whether the government wants your home and property for public or private use, they will have it and you’ll be left wondering what happened.

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