Ben Swenson
New member
Cactus,
An owner can decide to keep something. If they can buy whether you want to sell or not - who really owns it?
Moreover, "just compensation" is for the property being taken - not it's replacement value. In other words, if I buy and fix up a house and it is condemned for "the public good" (new commercial park, baby!), then I have to take the money I receive and try to buy a new home. Chances are I won't find one in a similar area and similar condition. At least, the people I've spoken to who have actually gone through the process have had that problem.
Anyhow, if it's just compensation in the eyes of the law but not the eyes of the "owner", how "just" is it really?
An owner can decide to keep something. If they can buy whether you want to sell or not - who really owns it?
The appraiser looks at what the house would sell for assuming the buyer didn't have to buy and the seller didn't have to sell - but it's amazing what the government can do to drop the value of the land with a little environmental regulation or declaring a whole area blighted.And the government doesn't decide what compensation is just. The property must be appraised by an independant appraiser and the government must pay the appraised value.
Moreover, "just compensation" is for the property being taken - not it's replacement value. In other words, if I buy and fix up a house and it is condemned for "the public good" (new commercial park, baby!), then I have to take the money I receive and try to buy a new home. Chances are I won't find one in a similar area and similar condition. At least, the people I've spoken to who have actually gone through the process have had that problem.
Anyhow, if it's just compensation in the eyes of the law but not the eyes of the "owner", how "just" is it really?