City encroachment to build metro over commercial property parking area and main street access
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[{"id": "hsh6uhg", "text": "Location?", "replies": [{"id": "hsh86oc", "text": "Undisclosed specifics, but Texas", "replies": [{"id": "hshccfg", "text": "What city do you call it a metro? That seems\u2014-European", "replies": [{"id": "hshd6cl", "text": "being generic, a metro rail?", "replies": [], "depth": 4}, {"id": "hsiggua", "text": "Both Austin and Houston call their light rail Metro.", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "hshca77", "text": "You need an eminent domain attorney. Someone who can negotiate value for the taking and negotiate variances for your future parking needs setbacks etc.", "replies": [{"id": "hshdbzr", "text": "Thank you.", "replies": [], "depth": 2}], "depth": 1}, {"id": "hshio6s", "text": "A lawyer will hire an appraiser to value both the taking (the value of the land they're taking) AND the damages to the remainder of the property.  So if taking half the parking makes the property unusable, according to the Constitution you are entitled to be paid the full value of the property before the taking.  The issue is damages are a grey area, so you'll likely need both an attorney and an appraiser.\n\nFrom my experience in this, which is mostly on the east coast, I doubt the city's first offer will be fair to you, and you should be prepared for a fight here.  Hire a good attorney, they should have an appraiser they've worked with.", "replies": [{"id": "hsi0gvf", "text": "This is correct. The state or whichever government entity will say they need to place easements on certain areas of the property. The price they will pay is determined by how long the easement will be needed for. Some easement area might be permanent easements and some may be temporary areas needed for construction staging. They'll offer a percentage of the market value of the property on a per square foot basis. It'll just be the state's appraiser vs the property owner's appraiser fighting over the market value.", "replies": [{"id": "hsippta", "text": "Thank you\n\n&amp;#x200B;\n\n&gt;They'll offer a percentage of the market value of the property on a per square foot basis.\n\nYes, but average square foot would not be fair value, in the case, for this portion (actual storefront frontage road access and only current parking). Then, after they've expropriated  it, I would likely have to evict an adjacent tenant to tear down and open up their space for new parking,  very expensive process on top of lost income from future rents there.", "replies": [{"id": "hsirdch", "text": "You will absolutely be able to make your case for further damages such as the ones you described.\n\nThe actual dollar amount for those damages can be tricky to estimate though. In my experience it is usually dealt with in a Scenario A - Scenario B = Scenario C. With Scenario A being the property as is value and scenario B being the negatively impacted by these issues value and Scenario C being the payout.", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}, {"id": "hsiq5oa", "text": "Thank you for the insight! Already been receiving offers via mail from attorneys. Seems kind of fishy so think I may be better off to find my own, unsolicited.", "replies": [{"id": "hsjbj0h", "text": "I really think going on your own here is a bad idea. \n\nWhat other people have said is correct, however, you should have a legal expert with you in this process (or at least get an appraisal from someone competent in this sort of thing).\n\nYou certainly dont have to go with someone that is soliciting your business, but you need someone. \n\nAt the end of the day, the government will own your property one way or another- you just argue over how much they owe you for it.", "replies": [{"id": "hsjm14e", "text": "Tracking, yes I am definitely going to find a reliable legal counsel, representation who specializes in eminent domain. Thank you.", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "hshl4si", "text": "If it\u2019s still in planning, also lobby for a stop near your property. Will likely increase the value more than the negative effects of the taking.", "replies": [], "depth": 1}]