Legal Question in Real Estate Law in California
Cities Appraisal $0 value on property, eminent domain action
We got a notice from city,of a resolution of necessity to acquire 2570 sq.ft(55 ft the center line) for street widening right-away.Previously a letter was rec'd with a,Corporation Grant Deed of easement,a summary of appraisal(which comps were from 2002/2003),it stated our property was of $O fair market value,they said ''the fair market value of the property is affected by the fact that it lies in a area that would be required to be dedicated at no cost to the City upon future development of the property''. But the Direct Sales Comparison Approach stated: ''Based on our analyes,we estimate the value of the subject property,from the DSCA at $164,200''
How can they do this ?
State the propeties value is $0,yet the comps show its worth $7.00-$12.00 a sq. ft.
we are intiteled to ''just compension'',''fair market value'',our property is Commerical property,others sold for $18.00 sq ft.
they are basing the appraisal on the future development of this property..(We will never develope it)how can they base
it on the future development,yet we can not base our appraisal on the future market value?Who in the right?
Is city trying to bluff us into signing the deed with out paying us?Do we have a chance to win in court? or are we dead
3 Answers from Attorneys
Re: Cities Appraisal $0 value on property, eminent domain action
I hope that you have representation. You are correct. You are entitled to fair market value. Call me directly at (619) 222-3504.
Re: Cities Appraisal $0 value on property, eminent domain action
How do they do that because they are a governmental entity but that does not mean they are right. Get off of your chair and lined an attorney who is expert in real estate/govenrnment taking of property (i'm sorry i cannot recall the exact wording). This is a very specialized attorney and I would suggest you see your local Bar Association floor names of individuals who are specialized in this area. I do not know where 952 is in the State of California. Bring him/her your deed and the letter and any other documentation that you feel is relevant and do this immediately. You may be running some sort of statute of limitations. But can't an attorney who is practiced in this area.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.
Re: Cities Appraisal $0 value on property, eminent domain action
You are entitled to "fair market value" indeed, but what is that? The argument advanced by the city that the land is subject to a conditional future dedication requirement may be valid, and if it is, that defines FMV. The answer, I think, lies in whether the condition requiring dedication is met or about to be met.
I think your position is shaky but not hopeless, and depends more upon facts than law.
Nevertheless, applying the facts to the law and the law to the facts will require a specialist in condemnation and/or eminent domain law. The city has an expert, and you'll lose almost for sure unless you get one as well. The amount of money at stake makes it worth while, in my opinion.
If you have any similarly-situated neighbors, you might want to pool your resources.
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