Posted by Nancy Howell on March 06, 2008 at 15:28:42 from (75.20.224.220):
In Reply to: What's it worth?? posted by wyod on March 06, 2008 at 11:56:33:
I strongly agree that you should see an attorney knowledgeable about eminent domain. Whatever it costs, it will be worth it. Here in Tx. Jerry Jones, the owner of the Dallas Cowboys, convinced the City of Arlington to use eminent domain to condemn land so he could build a new stadium because he wanted to host the superbowl. It is a perversion of the law of eminent domain to take land for private development, but its being done and now that there are several precedents set in the courts, it will become easier. Also, you can bet that developer has some very deep pockets and some high-powered attorneys just waiting to go after your place. You might look around your property to see if you have some "endangered species" or even a soggy spot can be claimed as a wetland and the EPA can get involved. However, getting the EPA involved might turn into a double edged sword. Personally, under no circumstances would I consider an easement. Regardless of "noise reduction" measures, you will have all kinds of traffic once the subdivision is built and what about during the building process? What about all the large trucks and machinery coming and going whenever? This is not a good situation for you. SEE AN ATTORNEY!
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