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Eminent Domain

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Eminent Domain

Postby sdfields » Thu Feb 02, 2006 5:56 pm

Greetings ,
I am a Virginia tenant of the same property for the last five years . Just recently i have become aware that the area in wich i reside has become subject to eminent
domain .

There is very little subject matter on the web concerning eminent domain and tenant rights .

I have now recieved a lease renewal on Jan 25 2006 , that is to go into effect as of march 1st 2006 .

Within this lease renewal is a new clause tucked neatly onto the bottom of page five that
greatly concerns me .. see below .

"25. Eminent Domain . In the event that the leased premises are taken by any condemning
authority in the exercise of power of eminent domain, this Lease shall automatically terminate
one hour before such taking and Lessor shall be entitled to all just compensation paid in settlement or awarded for the taking. Lessee hereby waives all right, title and interest in any such just compensation paid or awarded, as well as his right to participate in any proceedings to determine just compensation for the taking ."

Any time I am asked to sign somthing that "waives my right" I become greatly concerned , what exactly are my rights in this regard ?

Two years ago these properties in question were purchased by the current owner who is a realestate lawyer known for shady dealing and whose ethics are indeed suspect to say the least.

Not knowing where to turn at the moment i seek your council . Is this new clause enforceable ?

SD Fields
Va Tenant

<small>[ February 02, 2006, 04:58 PM: Message edited by: Va-Lessee ]</small>
sdfields
 
Posts: 2
Joined: Fri Jan 27, 2006 2:01 am
Location: Hampton Va

Re: Eminent Domain

Postby cestmoi123 » Thu Feb 02, 2006 8:00 pm

If the gov't wants to take the house and and tear it down to build a road, a shopping mall, whatever, it has to compensate the owner for his loss.

This provision says that you, as the tenant, aren't entitled to that, i.e. you have no ownership stake in the property.

Doesn't seem unreasonable, frankly - if the place were sold by one private party to another, the tenant wouldn't get a % of the sale price, seems reasonable that the same would hold if sold by a private party to the gov't.
cestmoi123
 

Re: Eminent Domain

Postby sdfields » Thu Feb 02, 2006 9:16 pm

That doesnt seem to be inline with the general consensus ..

allow me to demonstrate ,

"Basically if a property is condemned or other wise taken over the owner of the property can be compensated for his loss. You being a tenant if this were to happen and say the Government wanted the property fo some other use then you would be entitled to some of that compensation for the inconvenience of having to move on such short notice. It is up to the Owner of said property to compensate you. In this clause they are asking you to give up that right to be compensated. This way the owner gets to keep all the money and the tenants get squat."

"They were trying this is Dallas and offering the renters 5250 to move out of the houses they were renting So that the owners would be forced to sell. If you sign off on that clause you are basically saying you dont want any compensation if they try to exercise Eminent Domain."

"so nows the time to start going to your town/city councils meetings and begin learn what might be going on for developement in your area. SOME cant say all but some citys grant to tenants relocation funds to get them started over in new places ,example when the city of Minneapolis redeveloped West Broadway the first section was across the st from me , the residents and business who were just tenants were given relocation funds based on how long they had lived in the places they were and how much the rents were in exchange for leases so that the city could buy the owners out and tear down the buildings in order to get a large area of land open. so you should learn what plans are being made for developement and then if they are going to affect you, to learn if your city offers relocation funds. any matters pertaining to the lease that you need more information on by all means see a atty to help make sure that you clearly understand the leases language and to advise you accordingly."

so yes .. i may have some right to compensation , if i break a one year lease , i am penalized , but my landlord has the right to break his commitment to supply said service by breaking the contract at his disgresion ? i should hope not .

so the question remains .. are these arbitrary demands for me to waive my rights or quit a constitutional or should i say legally enforceable request regarding lease renewal ?

<small>[ February 02, 2006, 08:17 PM: Message edited by: Va-Lessee ]</small>
sdfields
 
Posts: 2
Joined: Fri Jan 27, 2006 2:01 am
Location: Hampton Va


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