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Emminent Domain off topic need help
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Ray (ecks)
Posted 1/28/2007 09:37 (#95552 - in reply to #95538)
Subject: RE: Emminent Domain off topic need help



Like Mark said get an attny. I'm not sure how the laws work in your state, but if they did as you say they did it won't be hard for an attny to prove they did not conduct themselves as they should have and are probably required by law to. I don't know your situation, but if you have some choices ask around to see who has the most experience with this type of thing and who's the best connected and I don't mean as in good friends with the public entity you're dealing with. You need an attny who knows the appraisers and knows what he's doing. You need an attny who knows how to find the right appraiser to appraise your property and stretch the facts in your favor just as much as they did in theirs.

Using old comps and those that are not really similar is an old trick of those who want to steal your land for a cheap price.

Sit down and document EVERYTHING!!! Every contact you had with them, every date, time of day, place where you met, every offer, put it all down in writing now while you can still remember it. What you need to prove is you were trying to work with them and they were the one's who broke it off and filed. Most judges don't like to hear that a landowner was trying to cooperate and the public entity just blew him off. No matter how far apart you are, keep trying to negotiate a settlement, that way you can always bring up the point that you were trying to work with them. They might want to set a time limit, but remind the judge or who ever you're working with that they "took" some of your land before and never used it so time is not really a factor.

Around here you (your attny) can request they prove their offer is fair by showing you comparable land that can be purchased for the price they are offering. Put the burden on them. Tell them that you will trade for other property that is comparable.

Little things add up. Trees are a big asset if there are any. Kansas State has a publication out that gives the value of grown trees and how much you should get if the land they are taking has any on it. Conservation practices that you have completed are also an asset. Any problems that the land in question will present if you have to farm around it...extra corners, reduced access, more run off into your property that is left. Sad to say, but you need to start thinking like someone who is out to screw them over, because that is what they are trying to do to you. Maybe even fertility that is in the land if you've kept it built up.

Good luck
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