Can a city take your property that you own and claim it as theirs even if your taxes etc are up to date?

Question

We own land, need to remove/tear down the house. City has termed the area light industerial.. can they eventurally claim our 2 lots?

We have mowed and cleaned that way. the house is in needed repair, and we got a letter saying to clean/fix up. and council/health board will get back to us in 90 days.And now it is deemed light residential, we cannot fix or sell to someone as a fixer upper home? I feel that is the case,,

Answer 1

When you own land, you own it free and clear subject to what is known as PETE:
P: Police powers - the authority of government law enforcement to enforce laws in or on your property
E: Eminent Domain - the authority of government to take possession of your property given that they have an official use. Example: a new freeway is being built and they have all the land except yours that is right in the path and they cannot reasonably go around. It's a legal battle that can take a long time but it is possible. The governing authority must pay you market value and all expenses related to the sale. (This is what your situation potentially falls under)
T: Taxes - the authority of government to tax your property and reclaim it if taxes are not paid.
E: Escheat - the authority of government to reclaim your property and your estate if you die without a will or legal heirs.

Answer 2

The best answer is to see a lawyer with real estate experience. It doesn't sound like anyone is trying to take the property at this time. The problem is that the zoning change may make it impossible to use the property as a private dwelling.

Actually a change in zoning may mean that your property has gone way up in value. That's good. The bad part is that your taxes will go way up on the property too. Zoning changes do not necessarily mean the city or county is about to take your property.

I know a lawyer costs money, but you probably stand to lose a lot more than lawyer fees if you don't seek some legal advice soon.

Who knows, you may get good news from a legal standpoint. If you know a real estate agent you know and trust, ask them for a reference of what lawyer(s) they use.

Answer 3

Yes and Yes, in this case. You are not occupying the land and that is only going to make the govt's argument stronger in this case. Although you can go through months and even years of court appeals and proceeding until a fair resolution is reached between yourself and the govt, it is likely that you are going to give up and take the money and run (which is actually the smart thing to do, since you most likely have a mortgage and will in no way be able to yeild a higher payout by making more payments on a property that you WILL end up losing)

In this case, I would advise you to get a local appraiser to get you highest value and contest the govt's appraisal with your own until a mutual agreement is reached.

The only resolve in keeping the property that you MAY have is if you can link the states interest to that of a local developer. But, be prepared to spend some serious money if that's the direction you wish to go.

My advice, take the money and run.

Answer 4

Government can take property from private individuals regardless of taxes etc. The only thing the gov't needs is a public use for the property that they are taking from you. However, when to government takes your property, they must pay you "just compensation." Which is usually fair market value. The question that you are asking sounds like it is more about zoning than actually taking your property. If the zoning of your lots has changed, the government doesn't owe you any money. They expect that you will still be able to use the property for industrial even if you had used it for something else in the past. If you personally cannot use the property, the government expects that you could sell it to somebody who could use it for industrial purposes. All in all, if the only thing that has changed is zoning, the government will not take your property or even make you change the way you are currently using it (this is called grandfathering). However, the government can, technically, take property from you if they have a valid public purpose for so doing.

Answer 5

Yes, under eminent domain a city does have the right to acquire your property under the statute that states doing so would be for the benefit of the city's population or economic growth.

They are required to provide "fair market value" which you can debate. Acquire information from your local realtor as to the value of similar properties in your area. In addition, the city should reimburse you for moving costs stemming from an eminent domain exercise.

Many people have legally challenged this right that has been granted and have been unsuccessful and are "poorer from the experience".

If this is happening to you, don't waste the funds to fight it. Put them to better use.

Good luck to you.

Answer 6

Emminent Domain most likely applies, and enables the city to acquire your property for a public (or even private!) project that in some way benefits the city (higher property taxes count!). If they want to take your property, however, they are generally oblgated to reimburse you for the fair market value of the property.

If they declare the property blighted or otherwise find you to be in violation of city ordinances, they may be able to take the property with out payment to you. You need a lawyer who is familiar with your local regulations and the specific situation with which you are involved.

Answer 7

It depends on the laws/regulations in your community regarding eminent domain. Eminent domain is the right of a government or municipal quasi-public body to acquire private property for public use. It is acquired through a court action called condemnation in which the court determines the use is a public use and decides the price or compensation to be paid to the owner.

The laws for this would vary by state, county or township. Contact your local zoning office or state representative to find out what the eminent domain laws in your community.

Answer 8

It is what you call the Power of Eminent Domain. This is where the government buys out the property you own at a low possible rate based on the tax declaration filed on your Registry of Deeds. You have no right to refuse on this type of arrangement.

Answer 9

Emminent Domain laws state they can take your property if it is to improve the area or would cause an increase in revenue through taxes.

However, they must pay you a fair price for the property. More of a hostile take over than 'stealing', but feels just the same in the end...i.e. raped

Answer 10

Most local govts have to offer you 'fair market value' for house and lot if they use the land for public improvements ( roads, for instance).

If the area has been re-zoned, then it may just make your land so valuable that you can sell and use the money to buy a place out in the country.