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According to most laws, the using of eminent domain requires the city to compensate for loss of value. I'm not sure what NC's law states, I don't really know where to look for it.
Yes, but I think it is the fair market value of the land they take. Not the impact to the land they do not take (or any others).
I imagine the $5000 was for the few hundred square feet of land they took (which probably was fair market value).
Drive by his home and seriously ask yourself, would you want to live there? Look at the before and after photos. Which home would you buy? that pretty much speaks for itself.
I have driven by it and it's certainly not the WORST home in town (not even close). The photos alone are not adequate to assess the situation. In any event, I would not have bought a home on a major road to begin with, so the before and after are irrelevant to me.
North Carolina General Statutes 40A-64. Compensation for taking.
40A‑64. Compensation for taking.
(a) Except as provided in subsection (b), the measure of compensation for a taking of property is its fair market value.
(b) If there is a taking of less than the entire tract, the measure of compensation is the greater of either (i) the amount by which the fair market value of the entire tract immediately before the taking exceeds the fair market value of the remainder immediately after the taking; or (ii) the fair market value of the property taken.
Yes, but I think it is the fair market value of the land they take. Not the impact to the land they do not take (or any others).
I imagine the $5000 was for the few hundred square feet of land they took (which probably was fair market value).
So reading CHTransplant's post, it appears the city felt $5000 was the greater of the diminished property value/amount of land taken. I wonder if this guy has paid for an appraisal. I would bet $5000 wouldn't even cover the down payment for the diminished property value.
So reading CHTransplant's post, it appears the city felt $5000 was the greater of the diminished property value/amount of land taken. I wonder if this guy has paid for an appraisal. I would bet $5000 wouldn't even cover the down payment for the diminished property value.
I think you are right. I wonder if there is anything you can do after the fact. The man really needs a lawyer if he is planning to take on city hall.
Yes he needs to legislate this issue in court. I imagine that by spray painting 'Screwed by the Town of Cary' in dayglo orange paint on the front of his house he has managed to further erode the house's 'fair market value.' While he's gotten lots and lots of press out of doing that and gotten the ACLU behind him on a freedom of speech case, he is still not achieving an engineering fix that would help the flooding issue. I'll bet he's not helping his cause any by p*ssing off the neighbors by painting dayglo orange paint on his house either.
Here's a question for all of you who think the town should buy his house at whatever fair price you think it deserves: is there ANY fix that you can imagine that could be done to the existing property/land of this house that would make his house okay (or better than okay)? If independent engineering/landscape experts were able to design and implement a plan to fix the flooding problems (paid for by the Town of Cary) AND give him a decent looking front land elevation, would that be 'enough?' Or is the only remedy acceptable in your eyes the purchase of his house outright by the Town of Cary at his stated price?
Because I want to know if the guy just wants to sell the house and go or is actually looking for a true remedy to fix the problems?
Yes he needs to legislate this issue in court. I imagine that by spray painting 'Screwed by the Town of Cary' in dayglo orange paint on the front of his house he has managed to further erode the house's 'fair market value.' While he's gotten lots and lots of press out of doing that and gotten the ACLU behind him on a freedom of speech case, he is still not achieving an engineering fix that would help the flooding issue. I'll bet he's not helping his cause any by p*ssing off the neighbors by painting dayglo orange paint on his house either.
Here's a question for all of you who think the town should buy his house at whatever fair price you think it deserves: is there ANY fix that you can imagine that could be done to the existing property/land of this house that would make his house okay (or better than okay)? If independent engineering/landscape experts were able to design and implement a plan to fix the flooding problems (paid for by the Town of Cary) AND give him a decent looking front land elevation, would that be 'enough?' Or is the only remedy acceptable in your eyes the purchase of his house outright by the Town of Cary at his stated price?
Because I want to know if the guy just wants to sell the house and go or is actually looking for a true remedy to fix the problems?
1. We elect our officials to legislate, they pass laws and we get to live by them. Most of the time when a lay person follows the process of taking the city to court, they are squashed by the system. The right to protest gets more attention and rightfully so.
2. If he were my neighbor, I would spray paint my home in a show of support, but that is just me. We's be having nightly barbecues and sharing a cold one from time to time.
3. As for a fix? I think it would have been fair for the city to have paid the fair depreciation and allowed the home owner to have his own independent engineer and contractor to fix the problems. Then compensated him for his stress, time and effort in remedying their screw up.
In my opinion, the town of Cary should have done what Holly Springs recently did. Purchased that entire strip of homes at fair market value and made that area zoned commercial. then resold them for a slight profit as commercial land.
#3 in my previous post above seems to answer your question?
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