DO NOT ALLOW YOURSELF TO BE THREATENED WITH EMINENT DOMAIN
The power companies or the land acquisition company may tell you something along the lines of "selling the ROW is better than waiting for eminent domain because now we are willing to work with you"
This is a poor sales and coercion technique on their part. They are desperate for you to sell because they would rather pay someone off than have to spend money on court proceedings. They say they are offering you "fair value." They are not. Their ROW is considered "partial taking" which will permanently alter (destroy) the integrity of your property. What may be a "fair value" for the strip of land today will not compensate for the damage that it will forever have on your land in the future if you leave the land to family as inheritence or if you decide to sell your property at a later date.
If you refuse to sell ROW and PATH is approved, PATH is by law, accountable to provide the following to you:
1. Fair Value of Land (this is all they were going to offer you in the first place)
2. Loss in value to remaining land
3. All reasonable costs associated with the "taking" - including but not limited to:
A. Attorney fees (they have to pay for your attorney who will in turn fight them on behalf of you for more money.)
B. Expert costs (they have to pay for experts to work on your behalf in regards to land worth, land disruption, water integrity, etc),
C. Reimbursement for negative impact to remaining land (this also includes the property value of a whole which will be much lower now that there is a huge scar running through it.
D. Adequate funding of other resources deemed necessary for the eminent domain case.
So why not make them wait till the very end? You will still get at least the same amount that they would offer you in the first place (even though they will try to play it off like they are offering you top dollar - do not be fooled into believing them or thinking they are really trying to work with you). If you make them wait until they have to declare eminent domain, you can force them to pay for all of the other stuff too.
Afterall, wouldn't it feel nice to at least partially screw the people who are screwing you? The power companies are using PATH as an "alleged needed" project in order to reap in profits at the expense of West Virginia citizens, who already are at a lesser economic status than the rest of the nation.
It may also behoove you to consult with a personal injury attorney in regards to the mental distress, etc., that you will have suffered for a year due to the PATH project.
Here is another opinion on eminent domain, taken from the calhoun blog: CLICK HERE
This website is intended as "informational" only and not legal advice. Please consult a licensed attorney to obtain more information.
This is a poor sales and coercion technique on their part. They are desperate for you to sell because they would rather pay someone off than have to spend money on court proceedings. They say they are offering you "fair value." They are not. Their ROW is considered "partial taking" which will permanently alter (destroy) the integrity of your property. What may be a "fair value" for the strip of land today will not compensate for the damage that it will forever have on your land in the future if you leave the land to family as inheritence or if you decide to sell your property at a later date.
If you refuse to sell ROW and PATH is approved, PATH is by law, accountable to provide the following to you:
1. Fair Value of Land (this is all they were going to offer you in the first place)
2. Loss in value to remaining land
3. All reasonable costs associated with the "taking" - including but not limited to:
A. Attorney fees (they have to pay for your attorney who will in turn fight them on behalf of you for more money.)
B. Expert costs (they have to pay for experts to work on your behalf in regards to land worth, land disruption, water integrity, etc),
C. Reimbursement for negative impact to remaining land (this also includes the property value of a whole which will be much lower now that there is a huge scar running through it.
D. Adequate funding of other resources deemed necessary for the eminent domain case.
So why not make them wait till the very end? You will still get at least the same amount that they would offer you in the first place (even though they will try to play it off like they are offering you top dollar - do not be fooled into believing them or thinking they are really trying to work with you). If you make them wait until they have to declare eminent domain, you can force them to pay for all of the other stuff too.
Afterall, wouldn't it feel nice to at least partially screw the people who are screwing you? The power companies are using PATH as an "alleged needed" project in order to reap in profits at the expense of West Virginia citizens, who already are at a lesser economic status than the rest of the nation.
It may also behoove you to consult with a personal injury attorney in regards to the mental distress, etc., that you will have suffered for a year due to the PATH project.
Here is another opinion on eminent domain, taken from the calhoun blog: CLICK HERE
This website is intended as "informational" only and not legal advice. Please consult a licensed attorney to obtain more information.