Eminent Domain - Will I lose my home?

[Doreen Peri]

I rarely read my homeowners association newsletter. Yesterday, my neighbor told me about a page in the newsletter dated May 2nd entitled "Urgent! We Need Your Support to Protect the Future of Our Neighborhood."

The document states that my community, along with several others in the eastern part of Loudoun County, Virginia, "is facing a serious challenge that may affect the future of our community and your ability to live here."

The Comprehensive Plan calls for the County to use its right of eminent domain to buy your home, bulldoze our community, and replace it with a densely-populated high-rise. Many of you have seen this happen elsewhere. When it does, invariably, the homeowners are driven out of the area because they cannot afford to live in the new community.

Well my oh my oh my. I wouldn't want to live in a densely-populated highrise anyway. Ugh.

It's hard to believe this is happening in this country.

After learning about this situation, I did some research. Apparently, this has been in the works since 2005 when the laws changed regarding "eminent domain."

I need to learn more about eminent domain and how similar situations have effected people and how it could effect me. Help educate me if you know about this.

My community is one of the only "affordable" (and I use that term loosely) single-family-home neighborhoods in my county. The average price of a single family home in this county is..... are you sitting down... something like $750K. That's AVERAGE. My home could sell for the price of a townhouse or condo.... approximately $400K. Now you see why I use the term "affordable" loosely. Had I not bought my home 13 years ago, I would never be able to live here.

This neighborhood is a modest neighborhood of working-class homeowners. There are townhomes and single-family homes here. We are one of 2 neighborhoods in the county that have so-called affordable single-family housing. Guess what? The other neighborhood is also being sought for "eminent domain," the county wanting to build highrise units to replace the single family homes. More income for the county, I guess. Sighhhh...

Disgusting, huh?

Needless to say, this news is upsetting and I plan on fighting this, as do many of my neighbors.

If they bought my home, where would I go? I quite enjoy my deck and my 1/5 of an acre yard. I truly love my gardens. This is HOME and I've spent 13 years trying little-by-little to fix up my rather small 1700 sq foot cottage built in 1973. It's taken me many years and quite a bit of financial investment to make improvements to make my family and I feel more comfortable. There is still much work to do.

But should I invest in the work if soon they will evict me and bulldoze my house? Where will I end up living? I can barely afford to live here! If this happens, I'll either end up in a tiny condo, losing my current enjoyment of my yard, my trees, my gardens.... or I'll have to move totally out of the area and away from my sister and mother who live nearby.

What do you think of this "eminent domain" bullshit? Help me get educated. Enlighten me. I need ammunition.

My first thought was, "I'm not going anywhere. I OWN this property! I've been paying for it for 13 years! I have a deed to this land and my home! They'll have to kill me to get me to move if I'm not ready to move!"

When I said this to someone, I was told, "No they won't have to kill you. They'll just arrest you."

What the fuck?



Could they really arrest me if the county wins and the homeowners lose and they want my home and I refuse to go?

What kinda country is this anyway? Is this America? What happened to the American Dream? Owning your own home is a big part of that. If property ownership means nothing, if your home can be bulldozed by the local govt just because they WANT your land, then what IS home ownership?

I have recently dubbed Loudoun County .... LOCO.



Your thoughts?

[bohonato]

Yeah, they could arrest you. Though, if it makes you feel any better, they have to give you at least what your property is worth on the market (or something like that). Eminent domain is bullshit, especially since they changed so that the government can force people to leave so businesses can take over the land. Fortunately Michigan's Supreme Court has reversed a couple eminent domain cases where the state/counties took private property and resold it to private companies, a restriction that became law when Proposal 4 was passed last November (by like 2 million+ to 700,000).

I would say that they are planning to take your land and not use it for a government purpose (like a highway or something, which is still bullshit in my opinion) you could probably fight it, if you had the time, energy, and resources.

Eminent domain as it is used currently makes a joke out of private property.

[Arcadia]

sad... but great that the vecinos are organizándose to face it!!
here the big constructoras are entertained with the coast, old clubs, empty fábricas or old silos (ex port). Also with some little towns near the city where the people with lots of money wants to live in private neighborhoods with more green space, more security and relatively near the city using car. I don´t know if are pression against old owners, it could be.
The fact I know is that there are also a tendency to construct big buildings (not necessary luxe ones) in old mid-class/workers only-houses neighborhoods and that in this case, the vecinos reclaim the City government for stopping that or at least planned the big constructions tendency and also be aware and ready for the consequences of the suddenly incresing population in certain zones.

[stilltrucking]

"Praise the lord and pass the ammunition"

Working on it Doreen.

Two cases come to mind but I have to research my memory. One dragged on for years in Dallas back in the eighties. A middle-income apartment complex slated for demolition so they could build luxury condominiums on the land. Another more recent case in Connecticut went to the Supreme Court last year. Middle class neighbor hood of single-family dwellings slated for destruction because the city said they could increase their tax base with a shopping mall. They invoked Eminent Domain for the greater good of the community. I have to find out what happened. I hope it is good news for you.

be back later.

"what put the ape in apricot?" The cowardly lion in W. of Oz.
Courage!

[stilltrucking]

Here is a link to the case in CT

http://www.pbs.org/newshour/bb/law/jan- ... _2-22.html

I got to go
late for work again.
be back later.

[e_dog]

Take all the land and give it to Walmart, I say.

Eminent fascism!

[stilltrucking]

That's the way it looks e-dog. We have come so far. I hardly hear the word "Decadent" anymore.

THe news from the case in CT ain't good Doreen

From washington post dot com
http://www.washingtonpost.com/wp-dyn/co ... 83_pf.html

Justices Affirm Property Seizures
5-4 Ruling Backs Forced Sales for Private Development

By Charles Lane
Washington Post Staff Writer
Friday, June 24, 2005; A01



The Supreme Court ruled yesterday that local governments may force property owners to sell out and make way for private economic development when officials decide it would benefit the public, even if the property is not blighted and the new project's success is not guaranteed.

The 5 to 4 ruling provided the strong affirmation that state and local governments had sought for their increasing use of eminent domain for urban revitalization, especially in the Northeast, where many city centers have decayed and the suburban land supply is dwindling.

Opponents, including property-rights activists and advocates for elderly and low-income urban residents, argued that forcibly shifting land from one private owner to another, even with fair compensation, violates the Fifth Amendment to the Constitution, which prohibits the taking of property by government except for "public use."

But Justice John Paul Stevens, writing for the majority, cited cases in which the court has interpreted "public use" to include not only such traditional projects as bridges or highways but also slum clearance and land redistribution. He concluded that a "public purpose" such as creating jobs in a depressed city can also satisfy the Fifth Amendment.

The court should not "second-guess" local governments, Stevens added, noting that "[p]romoting economic development is a traditional and long accepted function of government."

Stevens's opinion provoked a strongly worded dissent from Justice Sandra Day O'Connor, who wrote that the ruling favors the most powerful and influential in society and leaves small property owners little recourse. Now, she wrote, the "specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory."

[Doreen Peri]

'Truckin....

Thank you sooooo much for the links!

I will read and study.

Today, I contacted the county Board of Supervisors representative who is trying to put a stop to this and asked him about how imminent this eminent domain thing is, as well as when there are meetings scheduled.

I also spoke on the phone with a lady in the HOA office who told me that it IS in the Comprehensive Plan but it will "not necessarily" effect our community, despite the fact that their newsletter had an Urgent Notice in it just a week ago.

So, I don't know what to believe yet, but I'm on my way..... doing research... calling and emailing the people I think are the right people to call and email.

Thanks again!

[Doreen Peri]

bohonato ... thanks for your reply.. yeah I agree.. if it were a highway or something, it's still bullshit but it makes more sense than building a mixed-use commercial and residential highrise development! Geeezzzzzz.... private property is a joke for sure! sighh

Arcadia - that's a really scary thought... the suddenly increasing population! I mean, you should SEE our roads NOW! I'm so glad I work from home because this place is so overcrowded already, the highways are sometimes like parking lots! If they add densely populated highrise buildings without expanding the roads, i pity the people who would live here. Ugh!

e-dog -
Walmart might be the developer for all I know! LOL!



thank you all

[hester_prynne]

Holy Shit Doreen, I can't believe it!
I'm going to do some research myself on this, look for ways to fight it!
How they just do that so ruthlessly....this is when the law becomes something else....
Hang in there Honey.
You could always move out to the west coast......do some recordin with me
really, I don't mean to joke or anything at all this is serious, this is your beloved home they are just going to take because some law says they can.

I always scramble for a bright side to hold onto when something like this happens...what else can you do?
I'll let you know if I find out anything about fighting this.
H