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More eminent domain woes

Posted by BigRickyDee (My Page) on
Fri, Feb 22, 13 at 11:14

Hello. I posted about a partial taking on my property last year. The post was a while ago so I wanted to start a new one instead of resurrecting an old thread.

I have recently found out more details about what my property is going to look like after they do the construction. The slope of my drive is going from a 5% grade to a 12% grade. My yard is going to be at a 4:1 ratio. I doubt I will be able to use the riding mower on it. The state said they don't take the difficulty of mowing the new slope into consideration until it is 3:1.

Given all of that information, I have two questions

1. Will the state have to pay me for damages for making my yard unusable and my driveway difficult to maneuver in the snow & ice?

2. Is there anyway to force the state to take the whole property instead of just the partial taking they are working on now? Perhaps a hardship case could be made?

Thanks in advance for your replies.


Follow-Up Postings:

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RE: More eminent domain woes

What does your lawyer say?


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RE: More eminent domain woes

I haven't contacted a lawyer yet. I thought it would be best to see what the state is offering so I have something to take to the lawyer when we get started.


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RE: More eminent domain woes

Time for a good RE attorney.


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RE: More eminent domain woes

My thoughts exactly. Unless there is an attorney who specializes in this area or someone who has dealt with this particular scenario, I doubt if we will be able to offer much advice.


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RE: More eminent domain woes

"1. Will the state have to pay me for damages for making my yard unusable and my driveway difficult to maneuver in the snow & ice?"

It would help to know which state you are talking about.


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RE: More eminent domain woes

Sorry about that...I am in Kentucky.


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RE: More eminent domain woes

Though, it would be helpful, perhaps, to someone in your situation at a future time, if you report back your outcome and what you did, etc.


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RE: More eminent domain woes

Don't wait--check in with the best RE attorney in your area, so you know what your rights are, and how best to preserve them. When you know a legal problem is on the horizon, it's always better to enlist a qualified professional as soon as possible.

Whatever you spend for that initial conversation will no doubt pay off many times over in the longrun. Good luck


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RE: More eminent domain woes

Thanks. I am working on finding a real estate attorney now. At least I will have some info before I am contacted by the state. I may have the attorney at the initial meeting with the state rep if that feels right at the time.


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RE: More eminent domain woes

Do not meet with the state rep without an attorney present.

Cal the local board of realtors and ask them who THEIR attorney is.

Even if that attorney does not end up representing you, they should be ale to give you a good reference (as opposed to just looking up in a bar handbook)..


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RE: More eminent domain woes

I spoke with an attorney today. The man I spoke with was recommended by our realtor and is very experienced with eminent domain cases. We spent a long time with him during a free consultation. He explained the whole process and told us what to expect at each step. However, he didn't feel that the amount of money involved in our case was going to be worth the expense of an attorney. According to him, the "front lawn" cases are very difficult and come down to a difference of opinion about how much property value is being lost. The state uses very strict formulas and don't have a much room for negotiations without condemning the property and going to trial. So, for now, we are going to move forward without an attorney.

The lawyer was very nice and spent a good amount of time with us. I didn't get the feeling that he was just too expensive and didn't want to be bothered with our small plot. He did tell us to contact him after we get the offer from the state. If he feels that the offer is way too low, he will consider taking our case on a contingency basis. So, we will see what happens.


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