Legal Question in Real Estate Law in California

Re: City is wanting to possibly tear down my home and my neighbors to widen the

I am familiar with the Stony Point Rd. problem; I was on it twice yesterday enroute to client appointments on the SW side of Santa Rosa.

As you probably know, the City can exercise its power of "eminent domain" to condemn and acquire private real property of all kinds for proper public uses. If the owner won't sell voluntarily, or challenges an offer, there are well-established procedures to have the value determined by appraisal under a court's guidance.

I have been involved in eminent domain actions as a condemning party (worked for railroads building new branch lines) and am somewhat familiar with the law, though can't call myself an expert. It's a very specialized area of the law. Nevertheless, if you or your neighbors would like to discuss inexpensive and local representation, please feel free to contact me for a no-cost initial consultation.

Re: City is wanting to possibly tear down my home and my neighbors to widen the

Howdy:

I live in Texas and can't represent you even if you wanted me to. So, I'll actually answer your questions.

All that the City needs to pay you is the price you'd get for the house if you were to sell it voluntarily. They will probably arrive at this price by having the house appraised.

You can also have the house appraised. If your appraisal comes in at a higher price, I believe they have to pay you that price, plus reimburse you for your appraisal ... about $350.

It makes more sense to take complete lots than partial lots, and it sounds like your side of the street will inconvenience the least number of properties ... even though yours is one of them.

They do not have to buy you another house ... just buy yours. Replacing it is up to you.

You may be able to work a deal to sell them your house, and continue to live in it until construction begins. It's rare that they buy a house and immediately tear it down ... although that happens.

The City will not have to compensate other property owners. Compensation is only required when the governmental action leaves NO economic value to the property. If they widen the street to 4 lanes, the remaining property owners may end up with commercial property instead of residental, and that will be worth much more.

You can certainly fight them. The Institute for Justice (http://www.ij.org) specializes in eminent domain.

However, taking property for this kind of project is what eminent domain is for, so I would expect your chances to be slight. But, I'm not an expert in the field, either.

However, you can maximize the value they give you. You need to figure out their timetable, and then contact an appraiser ... mortgage companies can refer.

If you've done value added renovation, then it is more important to hire your own appraiser, as the city appraiser will discount or ignore your work.

Let me know if you have other questions. Good luck.

rkr