Eminent Domain :(

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Stephen
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Eminent Domain :(

Postby Stephen » Mon Jan 31, 2011 8:01 pm

Of course, since the term "eminent domain" has such an ugly, authoritarian sound to it the county decided to use the term "right of way acquisition" in the letter they sent me.

Where I live was developed before any of the surrounding neighborhoods and has always been in an area of unincorporated land, surrounded on 3 sides by city land. As such, the road is narrower where my house is located.

For the past few weeks I have noticed surveying crews around my home, using transits and taking measurements. Late last week I received a letter that the preliminary analysis had been completed and there would be a "community meeting" next week to go over 4 alternatives to alleviate the traffic, drainage, and pedestrian access concerns.

I've been able to get an advance draft of the powerpoint presentation planned for the community meeting. The most extensive "option" involves taking 17 feet of my sideyard, reducing it to about 8 feet from my kitchen door. Worse, this plan would demolish 4 of my neighbors' homes and cost taxpayers an estimated $4M.

There are two other options and an option listed as "interim" as well. None of them involve demolishing homes or taking any land from me.

Has anyone had any experience with this, before? My plan is to go to the meeting and really push for the options that don't involve taking tons of my yard. By my calculations, they would pay me approximately $78,000 for the land. The money would be nice but I think it would detrimentally affect the feel of my house. It would also put the road that much closer.
Stephen Meade
SoCal Realtor - DRE 01378749
Pacific West Assoc. of Realtors President-Elect
http://www.OCModHomes.com
http://www.CliffMaySocal.com
and
Cliff May Homeowner

egads
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Postby egads » Mon Jan 31, 2011 10:31 pm

Putting Redhill 8 feet from the side of your house would create an incurable defect that 78 grand would never mitigate.

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Stephen
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Postby Stephen » Mon Jan 31, 2011 11:34 pm

Stephen Meade

SoCal Realtor - DRE 01378749

Pacific West Assoc. of Realtors President-Elect

http://www.OCModHomes.com

http://www.CliffMaySocal.com

and

Cliff May Homeowner

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Joe
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Postby Joe » Mon Jan 31, 2011 11:41 pm


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Stephen
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Postby Stephen » Mon Jan 31, 2011 11:52 pm

Stephen Meade

SoCal Realtor - DRE 01378749

Pacific West Assoc. of Realtors President-Elect

http://www.OCModHomes.com

http://www.CliffMaySocal.com

and

Cliff May Homeowner

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Slim and Gabby
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Postby Slim and Gabby » Tue Feb 01, 2011 7:21 am

Pen-gu-ins is pracatically chickinz, and I hates to see chickinz cry so much, I has to put’em outta ther mizzery!

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Slim and Gabby
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Postby Slim and Gabby » Tue Feb 01, 2011 9:10 am

I think you need to watch The Grapes of Wrath, son! "Did they make ya mad Tommy, did they make ya mean mad?"
Slim

Image
Pen-gu-ins is pracatically chickinz, and I hates to see chickinz cry so much, I has to put’em outta ther mizzery!

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Postby Planner Dude » Tue Feb 01, 2011 12:29 pm

As a transportation professional / planner, I can say that in most cases, we develop at least two unrealistic alternatives when planing for projects... usually a "do nothing option" and a "fiscally unconstrained option".

My guess is that they really want to do something in the middle.

You're in California right? TransCal has a Complete Streets ordinance. Go to http://www.completestreets.org/

Essentially they are looking to make transportation projects more sustainable and use terms like "livability" to talk about building roads with sidewalks, bike lanes, and efficient transit access, which all help support community rather than automobiles only.

I tell the county you are in support of some of the project's scope-curbs sidewalks, etc, but want to ensure that this is a:

"Context Sensitive Solution"

Argue that the goal / purpose is to create livable communities and that demolishing houses and taking property would create a less livable environment for you.

Bring up issues like "lane width". There are studies out there that prove that that lanes greater than 10' are not any safer. They actually encourage speeding.

Ask what is the design speed of the roadway and if they considered a lower design speed for safety reasons. Additionally a lower design speed will result in a smaller "clear zone" free of obstacles. this could mean less need to take your land.



I wish you luck and feel free to contact me if you need more advice or "tech speak' translated.

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Postby clarksdaleplace » Fri Feb 04, 2011 7:26 am

Sorry to hear about your situation.
Maybe in the best case you'd get $78k and wouldn't lose much/any home value if you want to sell down the road. I know that is being very optimistic on my part. If you do lose value you should petition immediately to get your prop tax rate reduced. I know in CA they have essentially 'rent control' on prop taxes but maybe you could get a bigger break.
This is one reason why I would be reluctant to live outside of incorporated areas and even then only in well developed neighborhoods. These issues generally don't arise. But that is just me. I am always fearful when the gov't shows up and says it is doing something for the public good - that they can essentially take your home if they so desire.
gltu
http://www.clarksdaleplace.blogspot.com

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scowsa
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Postby scowsa » Fri Feb 04, 2011 1:11 pm

scowsa

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home_boy
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Postby home_boy » Sat Feb 05, 2011 9:39 am


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Slim and Gabby
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Postby Slim and Gabby » Sat Feb 05, 2011 10:53 am

"Much of this came about because of the sentiment that pure market based assessments could cause older Californians to be priced out of their homes through high taxes."

From what I understand, that was on the outside, what most folks saw, but the real driving force was to help corporations pay less taxes on their property holdings. Gabby and I always talk about being in school and doing things that school kids do, like field trips etc., but the following year, it was if if those things never existed. With each consecutive year, there was less and less, and now California ranks, as I recall, 49th in education!
Sorry, if I opened a can-o-worms here!
Slim
Pen-gu-ins is pracatically chickinz, and I hates to see chickinz cry so much, I has to put’em outta ther mizzery!

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Stephen
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UPDATE!!!!

Postby Stephen » Tue Feb 08, 2011 11:55 pm

Well, the meeting was tonight...

I was actually pleasantly surprised. The county folks (they had on hand the designated project manager, head of public works, and chief engineer) seemed very genuine in wanting to get public opinion.

They went through the presentation and added some information not in the slides. Most interestingly, they said that the Orange County Transportation Authority studies for the present and 2035 indicated no need to widen the road. On that reason (and due to cost and disruption) they indicated they were against the invasive alternative to widen the road. In fact, they indicated that their preferred solution was merely the addition of a sidewalk and new curbs within the existing county right-of-way.

Interestingly, the City of Tustin (which neighbors our tract) sent a representative and the subtext that inclusion of the road-widening as a "potential" was only as a pacification for the city, who wants the road width to match the city's portion.

Our county supervisor sent his representative. I quizzed her on the supervisor's policy and she told me that she was there to see what the residents wanted and the supervisor would support that position.

The general consensus is that everyone except one resident wants the sidewalk and curb. Most people do not want any road realignment. The county said that was their preferred option, too.

After the presentation they did an extensive Q&A and then we could go up, separately, and ask them about property-specific issues.
Stephen Meade

SoCal Realtor - DRE 01378749

Pacific West Assoc. of Realtors President-Elect

http://www.OCModHomes.com

http://www.CliffMaySocal.com

and

Cliff May Homeowner

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scowsa
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Postby scowsa » Wed Feb 09, 2011 9:03 am

scowsa

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Postby Planner Dude » Wed Feb 09, 2011 11:54 am


clarksdaleplace
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Postby clarksdaleplace » Thu Feb 10, 2011 4:11 pm


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Slim and Gabby
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Postby Slim and Gabby » Tue Feb 15, 2011 7:58 am

Whew!

Sounds like you may have dodged a bullet, there. Glad to hear you were in a situation where there is actually still civil discourse and things are working pretty much the way they are supposed to.

Keep us posted on how it goes.

Gabby
Pen-gu-ins is pracatically chickinz, and I hates to see chickinz cry so much, I has to put’em outta ther mizzery!


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