muttleynfelix
Junior Associate
Joined: Dec 20, 2010 15:32:52 GMT -5
Posts: 9,406
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Post by muttleynfelix on May 13, 2015 20:40:31 GMT -5
So, eminent domain. I had a discussion today with a city's acquisition officer and she gave some examples of instances where she can't get a clear deed without eminent domain. One property, the owner is in prison and the property has so many liens that they can't get clear title. Another property they can't find all the heirs to get a clear title. Not only do they pay FMV for the property, but they also pay a relocation cost. It is for situations like this that eminent domain must exist and you cannot hold up a $500million project that benefits the entire City because you cannot acquire a $40k piece of property.
I have never worked in City that uses eminent domain lightly. The only times it was mentioned for development was for utility extensions. One City did blight an area in hopes of redeveloping it. I think they ended up doing completely voluntary acquisitions or at least beginning as voluntary and then the deal may have been finished up in court.
Looking on Google Earth, I can see why the city wants it redeveloped it. No it isn't exactly an eyesore, but it also doesn't fit with the rest of that area and what I assume is the vision for it.
No City official worth their salt is going to eminent domain lightly. The potential for public backlash is far too high.
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