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If I remember correctly from my political science class, the state or local government - I don't believe the federal government has the power to seize land to build a intrastate road, although it may if the road is interstate - would first attempt to buy the land at the market price. If the owner refuses to the sale, and the government can prove a compelling need for the land in court, the court will permit the government to use 'eminent domain'. Eminent domain is where the government seizes the land, after reimbursing the owner for its assessed value - the owner is simply not permitted to refuse, outside of a court challenge.

2006-12-18 10:32:46 · answer #1 · answered by Unchain'd Melody 1 · 0 0

all the eminent domain stuff said here is pretty accurate - and "unchained melody's" answer is the best one so far for accuracy and clarity - but its important to add .... people have 'fought city hall' on things like this..... and won - personally i think the pendulum may be swinging in favor of the home owner in these times - the govt has to prove a need for the road improvement and why there and why now etc - of course (as always) it depends on how good your lawyer is - and if your lawyer is truly motivated to win - many lawyers are headed for politics and just wont step on the toes of the exising system because they know it will hurt them in their political future

also last but not least consider these two factors that drastically change the dynamics -

one - get the neighbors involved if possible - one family fighting this is completely different than ten families fighting - if for nothing else than to get maximum dollar if you lose the case

two - appeal , appeal , appeal ..... alot of projects are only profitable if they meet a certain time line - this is a double edge but still might work in your favor - after 20 or so appeals the financial backers (and they are always there somewhere) may lose interest

2006-12-18 11:44:51 · answer #2 · answered by justfleshnblud 2 · 0 0

If you cannot negotiate a fair price, they can take you to court in an eminent domain lawsuit. The government will hire an expert witness to testify regarding the fair market value of the property and you will need to do the same. The court will have to decide who has the better expert and render a decision on how much money you will get. A negotiated settlement is always the best.

2006-12-18 10:26:56 · answer #3 · answered by Carl 7 · 0 0

if its within a certain amount of feet into your property they just take it in our area its 3 feet if its more then they I believe have to pay you face value for your house if they need that much room or just for the yard.

I know they had put a major roadway through some homes down the street from us and they paid each homeowner whatever the bank said the house was worth to make them move so the road could be put in but I think they are able to take it completely if its voted on by the local government for the good of the community

2006-12-18 10:26:57 · answer #4 · answered by Diana W 1 · 0 0

They will have to pay you a fair market value for the property. They cannot just take it from you, that's against the Constitution.

2006-12-18 10:23:49 · answer #5 · answered by Anonymous · 0 0

Offer you below market value and if you don't accept it, they can just take the land.

2006-12-18 10:26:20 · answer #6 · answered by beez 7 · 0 0

It will pay you fair market value. You do not have a choice as to sell or not.

2006-12-18 10:34:35 · answer #7 · answered by Jack 5 · 0 0

They can take it under eminent domain, I believe they have to compensate you, but you have no choice in the matter.

2006-12-18 10:22:56 · answer #8 · answered by red_necksuck 4 · 2 0

condem it and take it

2006-12-19 10:25:16 · answer #9 · answered by shorty 2 · 0 0

TAKE IT FROM YOU.

2006-12-18 10:22:09 · answer #10 · answered by ? 5 · 1 0

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