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Anyone here experienced Eminent Domain on property?

Posted on 4/4/24 at 2:48 pm
Posted by Lgrnwd
Member since Jan 2018
5271 posts
Posted on 4/4/24 at 2:48 pm
There is a good possibility some property I own could be subject to eminent domain within the next few years.

Just wondering if the government really does give you a good fair price on your land, or should I prepare to bend over?
Posted by I Love Bama
Alabama
Member since Nov 2007
37732 posts
Posted on 4/4/24 at 2:54 pm to
You need a great appraiser and a great lawyer if you don't like their price
Posted by Shepherd88
Member since Dec 2013
4592 posts
Posted on 4/4/24 at 3:58 pm to
We had some land in north Louisiana where the corp of engineers seized the dirt to rebuild the levee system. They destroyed active CRP to get the dirt wanted after we offered an old levee system not in use and with no purpose that they could use the dirt from… nope, good ole government dgaf.

Your case is a little different but I wouldn’t expect it to be in your favor at all.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51809 posts
Posted on 4/4/24 at 6:53 pm to
quote:

Just wondering if the government really does give you a good fair price on your land, or should I prepare to bend over?


It depends on who you know and/or how generous the government's appraiser is being.

When they were expanding Hwy 165 back in the early 00s, a neighbor had property adjacent to an industrial zone. For the zone's property they gave something like $10k/acre, my neighbor's land (farm land)? They tried to give her $1,300/acre. She sued and got more ($5,500/acre, I think).

Meanwhile, they gave a half-mill to a business in town for the property their warehouse was on but then ended up not using it.

They bought a nice home for $400k then ended up running the road well around it, someone bought the house from them for around $60k (if memory serves).

We had farmland which was being taken by the expansion, a bridge over one part made another part unfarmable. They told us it could be farmed if we bought a specific type of tractor and plow. We had to take them to court to force them to buy that extra plot.

When they were coming through initially, after hearing about all of the money they were negotiating up to around town, we farm owners waited for them to start negotiating with us. They never did, we all just received notices that they were expropriating the land, the money they offered ($1,300/acre) would be in an escrow and we could fight it in court if we wanted.

A guy who owned a bar on the side of the road and had a trailer behind it, bought something like 3 or 4 more trailers (old, beat-up pieces of shite) and "attached" them to his trailer (effectively giving him tons more square footage for his "home"). He made more off that deal than his bar had made him over his lifetime.

Posted by Lgrnwd
Member since Jan 2018
5271 posts
Posted on 4/4/24 at 7:06 pm to
Good info, thanks
Posted by Alan Stanwick
Tuscaloosa
Member since Dec 2009
124 posts
Posted on 4/4/24 at 7:38 pm to
Small acreage will bring on average more than large tracts per acre.
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
42541 posts
Posted on 4/5/24 at 6:03 am to
What state?
Posted by Lgrnwd
Member since Jan 2018
5271 posts
Posted on 4/5/24 at 6:06 am to
Mississippi
Posted by titmouse
a tree branch above your car
Member since May 2006
6362 posts
Posted on 4/5/24 at 6:51 am to
My road is a part of the MoveEBR project so there will be lane widening that surely will involve sections of my lands and many of my beautiful oak trees. Will be interested to see what they offer.
Posted by CharleyLake
Member since Oct 2006
1327 posts
Posted on 4/5/24 at 8:13 am to
I have quite a bit of experience with eminent domain. Almost of it was with pipeline companies.

Since you might deal with the government, I suggest that you read about the acquisition process with the I-10 Calcasieu River Bridge project. This process is more favorable to landowners than it was when my father and his siblings had property expropriated for construction of I-10 (1950's) and a few years later for the I-210 interchange.(1960's).

Posted by CharleyLake
Member since Oct 2006
1327 posts
Posted on 4/5/24 at 8:16 am to
What is the 'highest and best" use of this property?
Posted by Free888
Member since Oct 2019
1637 posts
Posted on 4/5/24 at 9:00 am to
My grandfather lost his farm to eminent domain for flood relief, even took them to federal court. 30 years later the Feds started allowing high end homes to be built on some of the property.
Posted by Lgrnwd
Member since Jan 2018
5271 posts
Posted on 4/5/24 at 1:15 pm to
quote:

What is the 'highest and best" use of this property?


It has a rental home on it
Posted by LSURussian
Member since Feb 2005
126963 posts
Posted on 4/5/24 at 1:42 pm to
quote:

Anyone here experienced Eminent Domain on property?
Yes. EBR Parish took a slice of our acreage (35' X 100') for the sewer upgrade project about 15 years ago.
quote:

Just wondering if the government really does give you a good fair price on your land,
Bare minimum, IMO.

Posted by dgnx6
Baton Rouge
Member since Feb 2006
68917 posts
Posted on 4/5/24 at 2:22 pm to
quote:

Just wondering if the government really does give you a good fair price on your land, or should I prepare to bend over?


They didnt for our family's business when they put a highway through our parking lot.


The Judge knew it was wrong but said he couldnt do anything because of the wording. We were just shite out of luck, lost the business and left the state. This was back in the 80s.


Posted by CharleyLake
Member since Oct 2006
1327 posts
Posted on 4/6/24 at 8:31 am to
Sound advice.

Upon my understanding most of these "takings" are about compensation and result in settlements.

I have been keeping up with Port Arthur Pipeline (PAPL) activity in the Sulphur and Carlyss areas in Calcasieu Parish. PAPL has filed suits in Federal Court against several land owners to expropriate property in order to send material via pipeline to an LNG facility in Texas.

Last night I noticed a recent decision and a cursory summary relating to a landowner's win against Lake Charles Harbor and Terminal District (Port of Lake Charles). It stated that Louisiana DOTD was in a joint venture with the Port. This matter was held in the Fourteenth District Court. The Barbe Family Estate was awarded four times the final amount offered in addition to having to pay attorney fees, judicial interest, court costs, expert witnesses.
This post was edited on 4/6/24 at 8:54 am
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