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The SCOTUS land ruling.. what would happen in my case?

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GreenPartyVoter Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 12:13 PM
Original message
The SCOTUS land ruling.. what would happen in my case?
Edited on Thu Jun-23-05 12:23 PM by GreenPartyVoter
I own a trailer on rented land (trailer park).

Let's say the gov't decides we need a Wal*mart here in nowheresville (never happen but let's make the argument anyhoo).

Now my landlord would get paid FMV for the land that he owns, but what happens to the trailer owners? We have to move our homes. I imagine the gov't or the landlord would pay for the moving expenses, but what about where we set them down again? Who is gonna pay for that? What if it means I have to move to an entirely different town because there is nowhere to put a trailer down in this town?
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ProdigalJunkMail Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 12:14 PM
Response to Original message
1. that could happen without the government's help
but either way, you're the paying party. There is nothing that I know of that would help you...unless your own bank acct can handle the costs.

theProdigal
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GreenPartyVoter Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 12:16 PM
Response to Reply #1
4. Well the landlord had wanted to move the trailers out and put in low
income housing and would have paid for us to move the trailer somewhere. But he ended up not pursuing it because the he would have had to have taken out a 90 year mortgage. Wasn't worth it because the place would cost more than it would make in the long run.
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MadHound Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 12:15 PM
Response to Original message
2. Hate to say it, but you would be SOL.
And judging by what has happened around my neck of the woods, don't count on anybody besides yourself to foot the moving expenses.
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sui generis Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 12:15 PM
Response to Original message
3. you shoulda thoughta that before you decided to be in the way
it's all your fault anyway.

:evilgrin:

The "compensation" will vary from place to place. Technically, with this decision in hand, they don't have to pay you anything at all now if they don't want to.

It's a pretty monumental case.
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GreenPartyVoter Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 12:17 PM
Response to Reply #3
5. Dang, I guess we'd end up putting the house in my dad's yard or sumthin
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ewagner Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 12:17 PM
Response to Original message
6. If any government monies are used
they would be subject to the Federal Uniform Relocation Act (if Fed money was involved) which I know for a fact would include relocations assistance to renters, or, if State Money is used, (in Wisconsin) there is a similar Uniform Relocation Act....which, if I am not mistaken covers all eminent domain actions regardless of where the money comes from.

Local elected official avoid eminent domain actions like the plague...they're never easy...almost alway controversial...and never have a good outcome for City Councilmen, mayors, planners or administrators.....
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babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 12:18 PM
Response to Original message
7. I wouldn't even count on the gov't paying for
the moving expenses. I think you'd be on your own.
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tk2kewl Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 12:19 PM
Response to Reply #7
9. you got that right
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BlueEyedSon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 12:19 PM
Response to Original message
8. Check your lease
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jdlh8894 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 12:24 PM
Response to Reply #8
11. Lease?
The lease is null and void under the decision!
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BlueEyedSon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 12:26 PM
Response to Reply #11
13. Not clear, the leaseholder has a contract with the property owner
if there is language in the lease and the property owner is compensated, etc....
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patcox2 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 12:20 PM
Response to Original message
10. Also depends on your state eminent domain law.
My state's law has a specific provision governing compensation to renters. And yes, leases often have provisions apportioning the costs and compensation as well.
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ComerPerro Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 12:25 PM
Response to Original message
12. Beats me. I haven't even seen the full details of the case
But I would imagine that your landlord would be compensated, and should therefore assist you in finding a new location.

Hard to say though.
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Benhurst Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 12:33 PM
Response to Original message
14. In BushAmerica you have to learn how to
root, hog, or die.

BushAmerica: a social disease, not a society
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librechik Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 12:41 PM
Response to Original message
15. this happened in Denver recently
for the new TRex highway construction. Renters got tidy settlements, one guy I know got $40,000!

Can't say about your neighborhood, though...
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fob Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 12:45 PM
Response to Original message
16. In bush*s Ownership Society here's how it works, Mall-Wart has
the government declare eminent domain and give the land to them, THEY are the OWNERS, now it's up to you to SHIP your ass off their land!

/bush*adminplease
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blurp Donating Member (769 posts) Send PM | Profile | Ignore Thu Jun-23-05 01:09 PM
Response to Reply #16
21. Yes, but the city get much more in taxes, so taking land is good
Don't forget that Walmart will give the city much more in tax money. That's why all the judges on the left voted for this.

People need to pay their fair share in taxes. If they can't, then they need to get off that land to make room for someone that can.

If that is Walmart, then so be it.

Social programs are under a lot of financial strain. This means some people will have to be forced to move.

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fob Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 01:57 PM
Response to Reply #21
23. OK, if you believe that I've got some land Mall-Wart's interested in
but I'll sell it to you cheap!

Cities don't get shit. They GIVE huge tax breaks/incentives to draw Mall-Warts because they just want jobs, any jobs and in turn they get substandard jobs that put an even GREATER burden on social services.

People need to pay their fair share in taxes. If they can't, then they need to get off that land to make room for someone that can.

Are you FUCKING SERIOUS?

Social programs are under a lot of financial strain. This means some people will have to be forced to move.

:wtf: does THAT mean?
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 12:52 PM
Response to Original message
17. You won't be paid for the moving expenses
because you and your trailer are considered "at will" tenants. Selling the property out from under you means the landlord no longer wills your presence.

Don't worry, though. His land won't be taken by eminent domain, since your tenancy provides your town with a bigger tax income than a Sprawl Mart would. He could be offered a packet of money by a developer who wants to erect another tract house paradise, though, and you're vulnerable to that.

That's the other reason I no longer live in a trailer, although I miss my crummy little single wide every day.
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GreenPartyVoter Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 01:04 PM
Response to Reply #17
19. you miss it? I long to get out of mine. Not enough room for a family of
4 and a home business (computer repair)
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RPM Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 12:54 PM
Response to Original message
18. prolly get FMV of your interest in the land.
If if you have a one year, pre-paid lease, with 9 months left, you would get the value of the lease less time already consumed - 9 months of rent paid.
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-23-05 01:07 PM
Response to Original message
20. Need packing boxes?? That's what will happen
you are small potatoes to government, and they are prepared to mash you:(
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drbtg1 Donating Member (932 posts) Send PM | Profile | Ignore Thu Jun-23-05 01:12 PM
Response to Original message
22. Didn't this happen?
I recall hearing something similar to this happening when Robert Kraft reneged on his statium deal with Connecticut and built a new place in Foxboro, Massachusetts. I thought a whole lot of trailer owners were kicked out.
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