A majority of our community will vanish because of an airport expansion that is
planned. Unfortunately I am one of the ones that will be displaced. In reading
these posts to see what lies ahead, what information I need to have,
(forewarned is forearmed) one common thread seems to be present, get yourself
an attorney that specializes in emmiment domain.

Being retired I don't have an overabundance of disposable income and so wonder
if have an attorney on tap is a necessity.

Please be sure you understand what the condemning authority's laws are
regarding reimbursement of attorney fees. Some agencies will not reimburse
unless your settlement reaches a certain level, others won't reimburse at all,
and some agencies will pay ALL reasonable fees for professionals needed to help
you settle your case.

The two previous posts have good information for you to consider if not put
into use. I'm not sure if the recording will be a viable option depending on
circumstances. It does depend on how neurotic you might be.

Two things I must stress: 1) ASK QUESTIONS!! 2) MAKE SURE YOU GET ANSWERS!!

Having an understanding of the UA is good, but it might become confusing as you
would not be the first person to get residential information confused with
business information.

No need to hire or place an attorney on retainer apparently at this time, but
doing some research as to who they are and their reps is a good plan.

I cannot comment on how essential an attorney might be, but can offer a some
thoughs/suggestions.

1) Keep a file of every scrap of paper you might receive from any official. Do
not release any original, only send copies of the original.

2)Document every conversation include the names of participants and a summary
of what each said. Send the summary to each individual for them to confirm your
understanding with a written response.

3) Have a witness or recording devise present and operating (in everyone's
view) with you on each visit. It will help you understand what you may have
misunderstood initially and/or help with the other party recollection of the
conversation.

4) Use this site to help develop an understand of the process and your options,
but not to replace an attorney should it become clear you need one.

I am currently involved in a taking where the city previously indicated they
would compensate for everything they planned to take verbally with a written
confirmation when I pressed them on the issue.

When the appraised value came back 4 times their original offer, they decided
they would just take a portion of the right of way without compenstion.

If I had not gotten something in writting clearing up my understanding of what
was said, it would have been I said--he said, since I did not have a witness or
recording to the conversations.

Get an attorney or get screwed! It will cost up front, but you will get just
payment in the end. Fair and reasonable is a myth.

Good luck

I think it's funny all this talk of attorneys. Relocation is such a highly
structured process that any "additional" money you get will be sucked up by
your most gracious attorney.

I have to agree with this post.
From all the legal beagles that I have ever worked with, a high percentage will
charge by the hour and that charge includes their learning curve.
Their may be good eminent domain attorneys out there, but there are far fewer
that have a grasp of the UA

I agree with the last two posts. I have encountered only one attorney familiar
with the UA. Most agencies do not reimburse for attorney fees other than for
their review of the contract document. Post to this site if you need to for
suggestions/clarification and TALK to your relocation agent A LOT!

I agree. Right of Way agents can violate the Uniform Act and you have no
recourse. Get an attorney, lose money. What viable options exist for
displacee's if they are not treated fairly and the Right of Way agent is in
violation of the Uniform Act?

A slim percentage of Right of Way agents fully understand the Uniform Act and
it is their responsibility to implement the rules with the displacee's best
interest in mind. How is this possible?

Anybody know of any lawyers that are well versed in the Uniform Act? It's time
to sue and money is no object. I have plenty and I want to win.

On the other side I have been screwed more by an attorney than any govt right
of way agent could consider. With some of your attitudes it seems you want to
take the government for all you can and who is that screwing but your fellow
tax payers and citizens?

were talking about eminent domain, not welfare. The defendant is getting
violated and the law demands payment of Fair and Reasonable. The violater
wants to give a quarter for destroying your life. Pray it does'nt happen to
you. Can I have your house for a dollar? I will pay 2. On second thought, I
will just take it.

Thanks

Do your homework, get a clue and grow some empathy.

Eminent Domain violates 3 of your constitutional rights. It is necessary, but
compassion and fairness needs to exist. I have experienced power mongers and
heartless egomaniacs that will not look you in the face. It's sad. I have
lost what I loved and stood for, I wish I was the only one. If it was fair,
you would not see my posts.

Regarding the statement "Eminent Domain violates 3 of your constitutional
rights" I must comment again. The powers of Eminent Domain are a
Constitutional right of the Government.

I will/must add that I am a believer in the requirement that the government -
no matter what level- do it the right way. This means following legal
guidelines.

Although one can only see the "face" of the Agent/Consultant, the issues raised
may be more aptly directed at the legislators/politicians who write the rules
with which we are all forced to comply. For us to do less or even more than
the laws set forth, is for us to be potentially guilty of making a gift of
public funds.

Your correct. The constitution allows you to violate constitutional rights for
the benefit of society, but it states "Fair and Reasonable". Please refer me
to the section where it states that we should shut down over 50% of businesses
and break up families. I cant seem to find it.

Gift of public goods and lotto tickets as mentioned in these threads is
pathetic and distastefull. It's the most expensive lotto ticket I never
purchased. When is the drawing? What are my numbers?

Paying an Eminent Domain victim a little too much is not nearly as wastefull as
most of the road projects I have read about. Embezzlement, Real Estate waste,
Civil Rights Violations, Environmental disasters, bad projects and skilled
employee's should be a bigger concern than displacee's receiving their fair and
reasonable dues.

You seem fair and honest, but I'm sure you know the reality of Relocation
Assistance and Eminent Domain. Reform comes from legislators/politicians. I
agree. You would be surprised how many of them read these threads.

You disagree with my statement that Eminent Domain violates a citizen's
constitutional rights? How many laws exist that the plaintiff expects to pay
the defendant? Oxymoron?

We are not all forced to comply to the laws. Laws are broken daily by Right of
Way Agents. Either by ignorance or on purpose. There is no accountability.
Look at the statistics. They stink. I'm living in reality, not fantasyland.
Let's get on the phone and call all the Eminent Domain Victims for the last
year and see what they have to say. I've read the comments in the surveys
conducted by the TRB and they should open some eyes.

I will go double or nothing on my lotto ticket. Let's call 10 random
displacee's and see if they think they were treated fair and reasonable. I
will give you the tie, so I need 6 out of 10. It's an easy bet if the Uniform
Act laws are being carried out as intended.

You in? I did'nt think so.

We can have another bet. I say over 80% of Caltrans Eminent Domain Victims,
where the value is under $20,000 were given a Waiver Valuation. Also, I will
stipulate that they were never informed of their right to an appraisal.

Do I have any takers? Put your money where your mouth is.

Dude you might want to look in a mirror--you got a little crazy on your face.

Lotto-

I am amazed that you have such strong opinions about facts not present.
The powers of the government are not only presented in the US Constitution, the
are almost for sure within the state constitution as well. And I'd be willing
to make a reasonable bet that the "police powers" inherent to any
state/county/local government are and exception to your claim for fee title
absolute as may be present within your deed and title insurance to the property.
The 5th amendment is superior to any claims you may have on your property. It
is senior to your claims no matter how you want to address it.

That said, yes, you (or anyone else) do have a right to be properly compensated
for any taking of the property as may be determined by agreement or in a court
of law.

As one who has been involved in this business for as long as I have been, doing
my best to ensure fair treatment of folks affected by government actions, I
find it amazing that there are those who seek free advise and then complain
about what they get. You are getting the information for no cost, and from my
experience, the folks on this forum are giving you one heckuva lot better and
more detailed than far too many attorneys will ever be able to do.

I have read enough for long enough to know that I'd have no problem working
alongside of "Al" - "Gerald" - "Todd" - "The Shadow" and a host of others as I
have been able to see clearly that they pay attention to business in an extreme
professional manner. And I thank them here and I appreciate all their wise
input and information.

Finally, in regards to CalTrans, the folks affected by projects wherein they
are given a waiver to fill out need to figure out/find out what their rights
are and stop buckling in if they think they are being wronged.

You are basically talking about two different issues. Eminent domain, the right
of government to take property for just compensation and relocation assistance.

Do you need an attorney for relocation assistance? I would say "No." Relocation
assistance is dictated by statute. On the other hand, you may be entitled to
the "loss of business goodwill" depending on which state you live in. It is
difficult to give information when people posting here do not include their
location because this is a nationwide forum and there are state laws that
differ in the area of business goodwill.

Knowing what I know after working in this field for 20 years, I would hire an
attorney to handle the real estate issues and work with the relocation agents
on the relocation issues. You have not mentioned in your post if you have a
leasehold interest or are a month-to-month tenant. Additional information would
be helpful to help you make an appropriate decision on how to proceed.

The State is Michigan, it's a single family residential property, my home, my
residence. I've not been given a lot of information yet, just that the airport
plans to wipe out a goodly portion of our community including my home.

From what I did receive it appears that because they have decided to take my
home I will need their approval to purchase a replacement home. So not only do
they displace me but I'm reduced to needing someone to supervise me and tell me
its ok to buy another residence to replace the one they have taken from me?

From what I was reading it also seems that I can only purchase a home thats on
a list that they provide to me? Can this be true?

My home has been modified to suit my requirements due to health issues, but
they can give me a list of houses that I'm required to select from that would
imprison me without thousands of dollars of modifications. Dollars that I would
not have to spend since my current home has already been modified. My head is
spinning from all of this.

Assuming this is an FAA funded project, your conclusions about the potential
benefits and methods of implementing the laws appropriate to the acquisition
and relocation are 180 degrees off. Give yourself a break and wait until the
acquiring agency has a chance to make the offer to purchase and provide you
with information you need and lack at this time. Although the FAA has massive
regulations, they are consistent with the Uniform Relocation and Real Property
Acquisition Policies Act of 1970, as amended. If you just can't wait, check
out the FHWA Realty website for the federal regulations. They have an online
copy of a relocation brochure that helps to summarize and simplify the
program. I could respond to each of your concerns, but these can all be
answered by a review of the brochures and regulations, without my opinions or
filtering information. I can tell you that, without a doubt, many if not most
folks that are displaced from their homes are more than satisfied with the
purchase offer, tax savings, no selling costs, and relocation assistance. Of
course I could be mistaken, after only 40 years and many hundreds of business
and residential relocations.

I think you are misunderstanding some of the issues. A replacement property
must be Decent, Safe and Sanitary in order for you to receive relocation
benefits. The agency will offer you a Replacement Housing Payment based upon
your existing home and family makeup.

Agencies usually make a determination of most comparable based upon three
comparables and give you one. You do not have to live in that home. That is
what your RHP will be based on. There is a "spend to get" requirement to
capture the full amount of the benefit.

You should go this website and do some research. Don't panic. As the other
poster said, see what they offer.

www.fhwa.dot.gov/realestate/ua/index.htm

We just relocated a woman confined to a wheelchair and retrofitted her new home
to make it handicap accessible.

If you are being displaced for an airport, you will probably be happier away
from the noise associated with the airport. Good luck. Please keep us informed
as the process unfolds.