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  1. #11
    Join Date
    Jan 2006
    Posts
    38,434

    Default Re: Cannot Access My Private Property After Eminent Domain

    So a new tack.

    You own property
    city owns building
    city controls building and allows tenant

    so, why shouldn’t the city be paying you rent on the property? You’ve not agreed to allowing the city free use of the property as well as the ability to create income (tenants rent) while preventing you from using your property.

    They have purchased the building and are disallowing you from exercising your right to full enjoyment of your property which is a taking just as taking ownership of the building is.

    I would sue the city for fair market rental value of the land

  2. #12

    Default Re: Cannot Access My Private Property After Eminent Domain

    jk, thanks for the great suggestion. It is now 2/12/19. Tenant has refused to leave and it is my understanding I have no right to force tenant from building I do not own. City does not seem to care and I am not sure they are not collecting rent. It has been over 3 years since they purchased structure for demolition. No date to remove and no plans as yet for removal, In a twist, tenant who is a black female in an all white city administration and department heads has filed for trial and demanding 250,000 dollar just compensation against the city.
    My very prominent eminent domain attorney on consignment seems to have put my issue on back burner. He helped me a great amount initially filing for my 39000 dollars awarded by city for structure appraised at 222,000 replacement cost. My rental losses as of now is around 10,000 dollars and continues. Is it ethical to search for another attorney. Can I sue under same court case for rent until structure removed? Any suggestion is greatly appreciated.

    Should have added this to previous thread.
    In court hearing on 4/1/2018, my attorney made it known that we demand a jury trial for just compensation. Can anyone inform me of the procedures to get case before a jury and any time frame that may be required. Thanks

  3. #13
    Join Date
    Jan 2006
    Posts
    38,434

    Default Re: Cannot Access My Private Property After Eminent Domain

    What in the world is the “tenant” suing for?

  4. #14

    Default Re: Cannot Access My Private Property After Eminent Domain

    I have no idea other than discrimination. She has been on property rent free since dec. 2017. She told city, when removal date by court order was 6/22 /18, she will not leave and they cannot make her leave. I have had no contact with her since Jan. 2018, when i cordially said I was letting attorney handle issue regarding past rent.
    My personal and knowledgeable thoughts and opinion of Ms. Hopson jury trial filing for 250,000 compensation award follows .

    Tenant rented daycare from 2010. She never missed a payment, we were very cordial, until City in 2017 made it known they would demolish structure. As a result, she would not pay any rent forward. I then calmly informed her I would turn matter over to an attorney Tenant has since reached out to me but on my attorney instructions, I have not replied.

    On 3/21/18 city condemned and purchased building, I believe but am not sure thatcity attorneys were aware that I was in the process of evicting tenant the following day, 3/22/18, making my court ordered eviction granted on 3/22/18 non enforceable.

    However, Court on same date awarded 3500 dollars in back rent and attorney fees.
    Tenant has appealed Court ruling.
    Tenant is an African American female, a pastor, running a successful Christian theme family employed mostly minority supported much needed in area Daycare . I have known her for 9 years without incidence. A background check, "Truthfinder", and court records, reveal a very checkered past. I will not judge or make a detrimental comment or statement of tenant, other than to say she is adamant, forceful, and at times, in my opinion, unrealistic and unreasonable in her beliefs and will not be bullied by Bartlett or anyone.

    She will have many supporters, including but not limited to Shelby County and Memphis NAACP, a citizens minorities email list. The NCAAP Civil Rights Division, in Atlanta, has also been contacted.

    The fact that Citys' Mayor, Aldermen, administrators, and department heads are caucasian governing a 25% minority municipality may bite the city's reputation and administration if damaging testimony allowed in court.

    It will be very interesting to see how tenants 250,000 dollars suit against city progresses, when it seems to a laymen she has no grounds except possibly on provable discrimination charges.

    For municipality attorneys to take this ladies' 250,000 dollar just compensation suit as frivolous, in my opinion, may be a grave and costly mistake

    We, nor anyone we have spoken to, just can not understand how a municipality or anyone at any time can purchase a structure on private property for any reason, including eminent domain, then refuse to remove structure in a timely or date certain, if at all, while allowing tenant to remain with municipality collecting rent or tenant remaining rent free denying property owner rental income, possibly forever, and not be held financially or legally accountable by the Court system for damages suffered.
    Is it unethical for me to seek guidance from another attorney while under consignment agreement?

  5. #15

    Default Re: Cannot Access My Private Property After Eminent Domain

    City by eminent domain purchased daycare structure.City does not own property daycare remains on and is renting structure to previous property owners tenant for 700 dollars until demolition. Public record search for rental agreement revealed City has given tenant permission to occupy "land" building rests on. Does city have the legal right to grant occupation of property they do not own? There has been no ground lease agreement.

  6. #16
    Join Date
    Oct 2016
    Posts
    2,799

    Default Re: Cannot Access My Private Property After Eminent Domain

    The city owns the land. They can lease it all they want.

  7. #17
    Join Date
    Nov 2013
    Posts
    6,198

    Default Re: Cannot Access My Private Property After Eminent Domain

    You have not understood what the issue is in this thread. The city took the structure by eminent domain but did not take the land. The City does not own the land. Op owns the land.

  8. #18

    Default Re: Cannot Access My Private Property After Eminent Domain

    The city does not, I repeat does not own the land, they purchased structure only, when structure demolished if ever for road expansion, property owner can then use his land for whatever he wishes.

    I have a very prominent eminent domain attorney who has taken my case on contingency. He has scheduled negotiations with city in July to try and resolve just compensation issue. He and city attorney, who are both well known and know each other have agreed on a negotiator. When I asked for negotiators name to research qualifications, I received no response and I believe they do not want to give his name. In anyone's qualified opinion, am I entitled to name or is that an inappropriate demand? By the way, My public record search for Lease agreement between City and my previous tenant copy of first payment check to city for 700 dollars was received today Clearly states city agrees to rent land to tenant for 700 dollars monthly. No mention of Daycare business
    Attorney representing City, has leased land which they do not own. Do they have legal standing to grant this use? Is it legal or ethical for a city to purchase for indefinite time, for 39373 dollars, by eminent domain, a structure appraised by state appraiser to replace cost of 260,000 dollars for 15 cents on the dollar on private property, then rent structure for 700 dollars monthly for a 21% return on investment of only 39373 dollars?


    Thanks for all the help

  9. #19

    Default Re: Cannot Access My Private Property After Eminent Domain

    Mediation scheduled with city in July 2019. Does property owner have the right to mediatirs name prior to mediation. My attorney seems reluctant to forward

  10. #20
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: Cannot Access My Private Property After Eminent Domain

    Quote Quoting bitsy4643
    View Post
    Mediation scheduled with city in July 2019. Does property owner have the right to mediatirs name prior to mediation. My attorney seems reluctant to forward
    If your attorney has the name and won't share it with you, then you have the name through your lawyer and need to have a discussion with your lawyer.

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