I have no offers or lookers after a corn factory built across the street, can they be held liable?

Question

We built our 3000 sq ft home in 1994. It appraises at approximately $240,000. A corn processing plant built across the street within five years of our building. Yes they have the permits that we fought. Living is miserable here with the dirt, traffic, dust, noise, and traffic, etc. We have put our house on the market twice but cannot get any offers or any lookers. Can the factory be held liable for damages or at least for the loss we have to take if we could get a bottom dollar offer.

Answer 1

Only if you can HONESTLY say that you would be happy to pay them a percentage of the capital gain you would have made on the house sale had it been something that raised the value of your home rather than negatively impacting it.

Answer 2

Sorry to say, there is no court which will award you a positive verdict due to your situation. The factory, as long as it is legal, is not responsible for your loss of value or lack of buyers.

Those are the potential pitfalls one might encounter when building in the country. Zoning is far less restrictive in rural areas, and it's not uncommon to encounter what you have encountered.

Furthermore, you are probably not facing a loss. I suspect strongly that your initial costs in 1994 were far less than today's appraised value. A loss is determined by cost vs sale price, and not by appraisal value of the moment.

Answer 3

Maybe. Every person has the legal right to do with their property as they see fit as long as they conform to the rules (zoning) in place. If they built on property that allowed the use then there is nothing you can do about them being there. In addition, some places protect farming and related businesses above the rights of other individual owners (the right to farm laws). If you live in one of these areas it will be very difficult to say they infringe upon your right to enjoy your property. However, in some places individuals have the right to quiet enjoyment. Often as part of zoning there will be rules in regard to how businesses must respect and shield residential areas nearby such as planting a treeline or erecting a privacy fence. Becasue these are all local rules you should contact your zoning administrator and ask them directly.

Answer 4

There is nothing you can do.

You can't sue a business b/c it depreciated your property when they violated no laws in building or operations.

....oh, if it were only possible, can you imagine how clogged the courts would be?

The smart thing would have been to sell your property when the permits were approved but before building began.....but you didn't.

Sellers are not under any obligation to disclose anything other than what sits on their own parcel....that is the job of the buyers to do their own research.

Answer 5

See if the corn factory would be interested in buying it or someone working there for a no commute type job...sorry, not really much help, but doesn't seem right for them to build in a residenceal area..

Answer 6

you either knew the area you were contemplating purchasing a home could be used for commercial usage or the city or town over step-ed their limitations and are liable for allowing this commercial entity to operate on the property. If you knew about the possibilities--absolutely no recourse--hopefully you did your home work and/or you choose to take a chance--in either case it's buyer beware of the pitfalls. good luck

Answer 7

they can be only held responsible if ur area is a non industrial area(where it is not allowed to build a factory)...if thats not the case u cant do anything legally about that...

Answer 8

NO THEY CANT BECAUSE THEY HAVE PERMITS AND THE CITY ALLOWED THEM TO DO SO ..