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  1. #1

    Default Cannot Access My Private Property After Eminent Domain

    My question involves landlord-tenant law in the State of: Tennessee. City has taken for demolition by eminent domain a 2600 sf court condemned structure and ordered to vacate structure to tenant by 6/22/18.{Yes, date has passed} Tenant refuses to leave. City has made no effort to remove tenant. Tenant, who has not paid rent since 12/12/17, to property owner, and structure to be demolished rests on property not to be acquired and remaining in ownership of property owner. City has deposited funds for the taking of structure, not land structure is on, with no time frame. I now cannot evict tenant to salvage items from building and city apparently has no incentive to remove tenant nor date of demolition.
    City and Tenant are occupying 2600 sf of commercial road frontage denying property owner use of his property until building and tenant are removed and property returned to owner in its natural condition. It has now been two years since taking was initiated and could be years or possibly never should city abandon project. What, if any options do I have to reclaim my property rights? What attorneys profession should I contact to address my issues? Thanks

  2. #2
    Join Date
    Jul 2010
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    Default Re: Cannot Access My Private Property

    You should probably speak to a real estate attorney, preferably one with experience dealing with eminent domain issues.

  3. #3
    Join Date
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    Default Re: Cannot Access My Private Property After Eminent Domain

    The eminent domain is for a building that sits on your land. The land is still yours. If in fact your lawyer is advising you that you can no longer evict your tenant due to the passage of the deadline, then speak to your lawyer about bringing an action for ejectment or for seeking an injunction to prevent the tenant from entering your land.

  4. #4
    Join Date
    Jan 2006
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    38,727

    Default Re: Cannot Access My Private Property After Eminent Domain

    You already have multiple threads concerning this issue. I’m not sure if you were expecting a different answer if you started a new thread or what

  5. #5

    Default Re: Cannot Access My Private Property After Eminent Domain

    City ordered tenant to vacate building by 6/22/18 at eminent domain court hearing in circuit court on 3/22/18.
    As predicted, tenant just carries on business as usual. City has mad no effort to enforce.Your previous reply is very helpful, and I will certainly explore these options you suggested. Is the following an option?
    Can a default judgement or other motion be filed in this open court case to request that City be directed by court order to remove tenant as stated? Thanks for your help!

  6. #6
    Join Date
    Mar 2013
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    17,060

    Default Re: Cannot Access My Private Property After Eminent Domain

    If you expect some magic to compel the city to evict your tenant, you'll be waiting a long, long time.

    It's up to you.

  7. #7

    Default Re: Cannot Access My Private Property After Eminent Domain

    Just a novice trying to get ideas as different issues arise. Not real familiar with over posting. I apologize if this is annoying, will try to do better.

    I suspect when bulldozers arrive from city for demolition, the city will effectively evict the tenant, whenever that may be

  8. #8
    Join Date
    Jan 2016
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    Default Re: Cannot Access My Private Property After Eminent Domain


  9. #9

    Default Re: Cannot Access My Private Property After Eminent Domain

    Approximately 4000 dollars in attorney fees to date. No positive results only more complications and fees. 2000 dollars added by city attorney to my taking awards was on my own research and initiative. Previous eminent domain attorney, supposedly best in this area, did not even know or advise i was entitled to this added income.

    For those who suggest I hire a lawyer, I have hired 3, none of which have forwarded any usable information. More info from this website than all 3 attorneys combined. A total waste of time and money

    how long is a writ of possession valid in tennessee?

  10. #10

    Default Re: Cannot Access My Private Property After Eminent Domain

    Prominent eminent domain attorney answered many questions unanswered on this post. City does own the structure on private property scheduled for demolition and still occupied by tenant.
    Tenant can stay without rent until city has to file to remove. My FED by court order non enforceable. My judgement of 5000 dollars set aside until ruling on tenant appeal. Property owner cannot enter structure or property until after demolition.

    Prominent eminent domain attorney answered many questions unanswered on this post. City does own the structure on private property scheduled for demolition and still occupied by tenant.
    Tenant can stay without rent until city has to file to remove. My FED by court order non enforceable. My judgement of 5000 dollars set aside until ruling on tenant appeal. Property owner cannot enter structure or property until after demolition.

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