What your government can do for you...

Discussion in 'Blazers OT Forum' started by BrianFromWA, Oct 22, 2013.

  1. oldguy

    oldguy Well-Known Member

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    Barfo's right about this. The land owner will receive compensation. But, it won't likely be what the owner thinks the property is worth.

    I've been gone for WA for 20 years, but here is how it used to work, and probably still does.

    The City Council would decide to condemn.

    The first step is for the City to go to court for a Use and Necessity Hearing. In this hearing they will present their case that the public needs the land more than the private owner does. This used to talk 6-9 months to get on the docket. The judge will usually rule in favor of the governing agency. (Big shock, right?)

    The final step is for the City and the owner to go to court for the Compensation Trial. In this hearing, the judge sets the price that the owner will receive as 'just compensation'. (Which is nearly always less than what the owner believes to be fair.) It often takes 9-12 months to get on the docket for the compensation hearing.

    Total time is on the order of 18+ months to gain use of the property if the full legal process is followed. That is why the City will proceed with the condemnation. If they were to wait to go through prolonged negotiations with the owner, then the negotiations fall apart, that is all time taken off the schedule to get the work done, since they would then have to start the whole process, perhaps many months later.

    They will continue negotiations with the owner while the condemnation moves along, hoping to come to agreement with the owner, so they don't have to use up the time to go through the full process.

    If the owner holds out and says, 'Stay the hell off my property until I'm been paid", the City will have to do that. The rub, for the owner, is that attorney fees for the hearings are granted only if the judge says so. A common tactic for the agency is to request that the owner gives the agency 'Immediate Use and Possession' of the property. If the owner accepts, he/she is acknowledging that the agency is going to get the property, and will allow the work to proceed while waiting for the compensation trial to set the price the owner will get for the property. The carrot is that the agency will guarantee attorney fees for the owner if they grant the Immediate Use and Possession.

    The whole time, negotiations between the agency and owner continues, hoping to avoid the cost and delays from having to go through the whole legal process.

    Go Blazers
     
  2. BLAZINGGIANTS

    BLAZINGGIANTS Well-Known Member

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    So, you're saying the government can bend me over, rape me, and then leave pennies on the dollar on my night stand as if I'm a dollar whore?
     
  3. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    Two points.

    SCOTUS ruled that the state must pay actual fair value for property.

    Blame it on those obstructionist republicans.
     
  4. blue9

    blue9 Well-Known Member

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    Have you guys never heard of eminent domain?
    Not only can the government take your land, they can take your gold.
    This is all done lawfully. Not saying it's right, just that it's legal.
     
  5. KeepOnRollin

    KeepOnRollin Well-Known Member

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    And good luck getting that changed.
     
  6. blazerboy30

    blazerboy30 Well-Known Member

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    Who determines the price?
     
  7. oldguy

    oldguy Well-Known Member

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    The judge at the compensation trial.

    Go Blazers
     
  8. TradeNurkicNow

    TradeNurkicNow piss

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    shanks, oblama
     
  9. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    What govt can do for you!

    http://www.kaiserhealthnews.org/Stories/2013/October/21/cancellation-notices-health-insurance.aspx

    Health plans are sending hundreds of thousands of cancellation letters to people who buy their own coverage, frustrating some consumers who want to keep what they have and forcing others to buy more costly policies.


    The main reason insurers offer is that the policies fall short of what the Affordable Care Act requires starting Jan. 1. Most are ending policies sold after the law passed in March 2010. At least a few are cancelling plans sold to people with pre-existing medical conditions.

    By all accounts, the new policies will offer consumers better coverage, in some cases, for comparable cost -- especially after the inclusion of federal subsidies for those who qualify. The law requires policies sold in the individual market to cover 10 “essential” benefits, such as prescription drugs, mental health treatment and maternity care. In addition, insurers cannot reject people with medical problems or charge them higher prices. The policies must also cap consumers’ annual expenses at levels lower than many plans sold before the new rules.

    But the cancellation notices, which began arriving in August, have shocked many consumers in light of President Barack Obama’s promise that people could keep their plans if they liked them.
     
  10. magnifier661

    magnifier661 B-A-N-A-N-A-S!

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    I hope my government could balance a fucking budget
     

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