Imminent Domain, what to do

[Lloyd Smale]

Im sure a few win but at what cost? Id also venture to guess that he didn't win just because he didn't want to give up his land. Id bet he proved some environmental issue was at stake.

A local guy did fight the power company and won, when they were widening the highway. Drive north from my place towards Kalispell, and you will see where the power lines make a jog around the front of the Cycle Haus property.

[rancher1913]

i'd bet your right lloyd, and I'd also bet when those existing poles that feed that guys house finally rott out they will not be replaced and the guy will have no power service to his property. the local REA wants me to drop service to my remote pasture because I am the only one on it for about 6 miles of line that they hate to maintain.

[wills]

The first reported eminent domain case involved Naboths Vineyard. Noboth decided to contest the taking, as distinguished from contesting value.

https://www.biblegateway.com/passage...21&version=KJV

Contesting the take can also be time consuming. Here is a case we have been watching since 2007.

https://caselaw.findlaw.com/tx-supre...t/1764658.html

Incidentally, it is "Eminent Domain".

[wills]

/\ This is the key point

When it comes to eminent domain the question is not "can the government take the land for public use". The answer to that question is almost always - "Yes, the government CAN take land for public use". That's not where the fight is.

The real question is: "what is fair market value for what they are actually taking"? You have a better chance of winning that battle or at least improving your outcome if you're smart.

That is what most people litigate.

[waksupi]

Im sure a few win but at what cost? Id also venture to guess that he didn't win just because he didn't want to give up his land. Id bet he proved some environmental issue was at stake.

Ha! Scotty's place IS an environmental concern. He has a motorcycle junk yard, and piles of odd ball stuff piled all over. He sure doesn't have a lot of money, I don't know how he went about it. He may have just scared them out of the idea, he's a bit spooky.

[David2011]

Can the government take land for public use ? = YES
Can you stop them from taking that land for public use? = NO
Is the government required to compensate you for the land they take? = YES
Does the government have to give you "fair market value" for the land they take? = YES
Is "fair market value" sometimes disputed and settled by the courts? = YES

A big question in my mind here is if this is for the public good or for the benefit of a single company. If for a single company then imminent domain is a more difficult justification.

been down this road not to long ago. city wanted to expand the airport and take some land from one of my neighbors and the air space from everybody within a 5 mile radius. we were successful in stopping the taking of the air space and the neighbor almost bankrupted himself trying to stop the taking of his land, he lost, they took it.

Um, it makes a good story but they cannot take airspace away from individuals because they can't take away what was never theirs. The FAA claims that all airspace is under FAA authority and that no airspace is the domain of individuals. Individuals do not own or have private access even one foot of airspace above their property according to the FAA. Whether I agree that it should be that way is a separate discussion. (I do not agree BTW.) This has been a hot topic of discussion on RCGroups.com and throughout the RC community as new regulations and laws are being imposed on model aircraft operators. This isn't just department store toys. Lots of radio control flyers have many thousands of dollars invested in a single airplane. Think $5000 or more for a jet turbine engine in an airframe worth twice that, for a single engine jet. What the FAA is attempting to take away from modelers is access to the publicly owned airspace more than 400' above ground level. The consequence is that it renders sailplanes and large, expensive models useless.