Eminent Domain case in Summit County?
Colorado
Is anyone up-to-date on the Summit County couple whose land is being confiscated? It's sickening to see local governments dismantle private property rights. Does anyone know if there is anything the general public can do to support this family in their fight?
Haven't heard about that case. That's sad.
Check out pinyon canyon sight in southern Colorado. Thousands if acres if private property. Mostly ranches that have been in families for decades. And the government is trying to take it over for military training. I signed a petition to try and help stop that madness.
There are instances when parcels of land are necessary for the public good more than a landowner who won't budge. In most instances the landowner gets way more than market value. Don't feel to badly.
Some of you need to read up a bit.....
http://www.foxnews.com/politics/2014/04/08/colorado-couple-fights-unusual-eminent-domain-bid-to-seize-land/
"Colorado's Summit County is using eminent domain to go after the Barries' land simply because officials want the open space. "
I don't know how anyone could place a "market value" on that piece of property. It's as unique as can be, and absolutely priceless. To appraise it, you need comparable sales data, income projections or replacement value. The only appraisal component that applies is comparable sales and good luck finding those.
Those people are going to get screwed, after they spend $100,000 or more in legal fees.
Sounds to me like the county commissioners are offering themselves up for recall elections, but then again it is Summit county and that just ain't gonna happen either.
Here in Pennsylvania a guy lost his land to eminent domain as the county was going to put a park there. They took the land and pay him a fee, how much I don't know..
Well a year or so later a piece of land went up for sale that had a lake on it and was a much better place for the park. It was going to cost the county much less to put the park on the second piece or land and they did.
Well the original owner of the first piece dies years later .. His bother got a lawyer and took the county to court. Saying you took my brothers land for a sole reason and then did use it for that. He won the case and got the land back and didn't have to pay the original cost the county paid his brother..
Ed
"There are instances when parcels of land are necessary for the public good more than a landowner who won't budge. In most instances the landowner gets way more than market value. Don't feel to badly."
WOW! I for one am appalled by whats going on and I actually sent the people going through this a note letting them know that I would help in any way possible
Read about the Summit county thing awhile back. I'm pulling for them.
Ermine, the PCMS (Pinon Canon Maneuver Site) expansion is pretty much shelved. I think the budget cuts to the military and stiff opposition from the locals combined took it out of planning around 2 years ago. That is not to say the feds won't try again down the road.
We do our weapons quals out there and the civilian employees there that I know don't have much news to the contrary. All we ever see as far as uniformed military are soldiers from Ft. Carson passing through Trinidad enroute to maneuvers.
trubluco- that's good news. Hope they are shut down for good.
A fine judge in Boulder took some neighbor's land a few years back. Seems he liked the vacant lot so much he and his wife stole a portion of it, legally. Similar to eminent domain.
Phez1970
That was probably adverse possession rather than eminent domain.
There are several issues here that could slant my views. First, the land is completely surrounded by USFS property so it is difficult to use by private citizens. Second, the land was a patented mining claim, now not being used for such, so vehicle access not would be allowed. Third, the land has only recently come into possession of these folks, so there is virtually no "keep it in the family" slant.
Sounds like its more about the access than the land. If there is no legal easment, they can probably only take their ATV in there over snow. They wanted the road made into a county road, Summit wants no access, so they filed for ED to solve it.
There is a lot of fantastic private land in the mountains that a county could decide would be better used for county open space rather than a private parcel. I don't like the precedent.
If you look up easements at wikipedia, a real estate attorney could make a case their is an access easement to the property, and the property owner has the right to drive the existing FS road any time they desire. The problem is it would cost you ~$30,000 to get an answer from a district court judge. Probably double that for an appeals court decison which would set case law. It is a gamble as to whether or not you get a favorable judge. As a property owner you have to ask yourself if it is worth it.
My attorney likes to say you can sue Santa Claus if you can find him, and serve him.
Speaking of that - its April 15th, I have to go mail my tax payment to the government. Not sure all my labor this year was worth it because I am giving 33% to someone else.
This is pathetic. The land was taken.
Definitely a rotten county takeover.
Disgusting.
I hope everyone understands that this could happen to any of us at any time.....
They spent $80K in legal fees for a $115K settlement from Summit County, sounds fair to me! I will never buy land in Summit County...
So, for 10 acres they got $35,000. $3500.00 per acre.
The cheapest land I could find in Summit County over 9 acres was $374,900.00. Over $37,000 per acre.
"Fair"?
"Disgusting. I hope everyone understands that this could happen to any of us at any time....."
That thought has crossed my mind several times. I have 6 acres in Black Forest on a private cul de sac, although when the lots were developed the county made an easement for "future consideration". If the lot owners deed the easement over to the county who knows what they would do with it. Or if they decided that they wanted to make the road public and extend it I wouldn't have a cul de sac anymore.
Summit County should be ashamed. A letter might be in order.
I wonder what they paid for it two years ago? So far as the price of land, access is HUGE determining factor. I have a home on 0.33 acres on the mountain west of Buena Vista. Bare lots of that size in our area sell for $60-$80K. I know of an accessible mining claim, 10 acres, further west of Buena Vista that sold for $35K. If that property had no legal easement, it wasn't worth a whole lot except sentimental value and, since these folks just bought it two years ago, there really isn't any of that to factor in the price. Beautiful? Absolutely! Secluded? You betcha! But land, or anything for that matter, is only worth what someone is willing to buy or sell it for.
