Each property has value and that value
shall be determined as though no project were being considered.
Property owners in the proposed staging area are encouraged to pursue life as usual by the USACE and the non-federal sponsors.
While the threat of a proposed project may exert a very realistic effect upon a current sale or purchase of property in the project area, the USACE and non-federal local sponsors are charged with the duty of assessing Fair Value and Just Compensation if the project proceeds forward. The Fifth Amendment to the U.S. Constitution requires the government to provide just compensation to the owner of the private property to be taken.
Property owners are encouraged to keep an open dialogue with neighbors to ensure undue influence isn’t being attempted to compel sales short of the true property value. Property owners are also suggested to maintain properties in sale-able condition and keep receipts and notes of offers or equity devaluations.
Fair Value: is generally considered to be the fair market value. Which relates to the highest price somebody would pay for the property, were it in the hands of a willing seller, in a unfettered transaction. If the parties do not agree on the value, there is a specific process assist property owners and appraisers in the negotiation process. If negotiations fail the option for litigation exists, which in most cases, is more costly for the non-federal sponsor.
Just Compensation: is generally considered to be over and above the Fair Value of an item of property or parcel of real estate. For persons deriving their living from properties or parcels impacted by the proposed project, the affected party is ordinarily entitled to compensation for the loss or disruption of the business resulting from the condemnation.
There is growing concern over Abuses of Eminent Domaint to benefit land developers or commercial interests, on the basis that anything that increases the value of a given tract of land is a sufficient public use.
What is unique about the Fargo Moorhead Dam and Diversion is the unjust relocation of the natural floodplain, in violation of Executive Order 11988, causing new potential flood impacts onto property owners, many of whom, that derive their lively-hood from the land being force-ably taken.
Property owners with additional concerns are encouraged to speak with an attorney to determine impacts and how to proceed.
Attorney firm’s with Condemnation – Eminent Domain experience:
Suite 300 US Bank Plaza
1015 W. St. Germain St.
P.O. Box 1497
St. Cloud, MN 56302
Toll Free: 1-888-899-6700
For more information on the process for acquisitions please go to: http://www.fhwa.dot.gov/realestate
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