WWYD? Eminent Domain?

**warramra** · 05-31-2009, 08:25 AM

About a year-and-a-half ago we started hearing rumors that the state DOT was going to be redoing the highway that runs near our neighborhood. DH and I kind of bushed it off to wait for more info. Well, this Spring they have had town meetings and it looks like the project is going forward, only they are not sure what Phase 2 and Phase 3 will take as there are several options.

DOT wants to take the highway and make it a "super road" with no stoplights, overpasses and controlled on/off access. Their timeline is over the next ten years (which means it could be 20...or never).

The problem is that in a couple of the models our house, along with several neighbors will be taken in eminent domain and one model doesn't take our house, but backs the road right up to the property line. And, no one knows or will know which plan is chosen for awhile.

But the plan has now been publicized so that DH and I are basically sitting on worthless property. Not that we were going to move soon, but the state has been known to keep projects like this open for years before doing anything, which traps us at this house. Are there any options so that in 4-5 years when DH and I are ready to move we could?

**Marks_Helpmeet** · 05-31-2009, 08:57 AM

Wow, that's a tough one. I, personally, do not like the eminent domain laws because they are written so loosely. I think if it were ME, I'd sell now and just move. The info is public, so you wouldn't be hiding anything if you did not disclose the potential - besides, there is a chance that the one model that doesn't take your house would be chosen.

On the other hand - the ONE advantage of eminent domain is that they have to pay market value when the time comes - so you'd at least get what it's worth...

Good luck with your decision - it's a tough one!!!

**warramra** · 05-31-2009, 09:05 AM

We are in no position to move right now. We are trying to get out of debt and have very little savings, while we are also dealing with the depressed economy. The house would also need thousands of dollars of work to get it market ready.

Actually, the plan that wouldn't take our house is worst of all. They will move the road that is approx 500 feet from our backyard now right up to our backyard and it will become one of the major overpasses & accesses to the new freeway. My neighbor's house will be where the clover leaf begins. If they would just take our house we could move on somewhere else and start over. But, the length of time this could drag out worries me.

**Momto2Boyz** · 05-31-2009, 09:14 AM

That stinks that you are put into this type of situation. However, I would keep some hope that maybe things will change. They change plans like this so often, that even if they have 3 phases, none may be what they actually do in the long run.

My parents had a similiar situation when they put in I-355 through Chicago. The original 4 plans that went public went right through their property. The actual highway is almost a mile from their house! So things might change.

You can always head to the town hall meetings and planning meetings with a group of neighbors and be clear that you don't want it going through your neighborhood. Sometimes some protesting works!

I wouldn't worry too much about selling the property later. If it is a 10 year plan and you're hoping to sell in 5, just put your house on the market then, and more than likely you'll find a buyer who isn't aware of what is going on, or doesn't mind living close to a highway.

Things have a way of working out!