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Eminant Domain

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    Posted: March-31-2008 at 12:06am
   The Maine Turnpike Authority is at it again.Apparently the toll plaza entering Maine is antiquated and needs to be replaced.Many of you may be familiar with it from travelling up I95.It is a madhouse 4 weekends a year & other than those times, 1/2 the lanes are usually closed.
   Well,they've decided to build a 22 lane megastructure complete with high speed toll lanes(the current plaza is 12 lanes wide,I believe).There are 4 proposed locations,all in my town,all within 1 mile of each other.The plan involves taking the homes of people whose families have owned the land for 5 generations.I know all of them.Many of these families have already lost land once to turnpike construction and some have lost land twice.Many of them may lose it a third time,only this time their houses will go also.As I am typing this,a friend of mine is at the hospital with his wife having their first child,they moved into their new house last weekend,which he built himself,with his own money on family land.If the tollbooth is relocated to mile 8.7,his new house will be leveled in less than a year.I have spoken to all of these people in the last two days and in a repressed economy,even at market value for their homes(which they most likely will not get)They will be forced to move out of town.One of them is the high school football coach who just led the team to a state championship,he is a business owner in town,and lives on family farm land that has already been divided in half by the highway.In fact,if they put the toolbooth at mile 9.9,not only will he lose his home,.......but so will his brother.....and so will his father.I will be affected by this also,but not to those extremes.There were alternate locations that were ruled out for reasons that they will not give us at this time,some of which do not involve the taking of homes.
   The Turnpike Authority has no concern for the people of York,Maine and have given us nothing but lies and propaganda over the last week.I guess I just wanted to let this out on here so you guys know that this crap still goes on.We have a public meeting with them on Thursday night so they can lie to us some more.Hopefully when it is all over,our state representatives will do the right thing and ensure that this does not happen at the hands of this evil enterprise.Though not a government agency,they are protected by so many buffers it's almost impossible to beat them.They(The M.T.A.) sent out about 100 notices to residents about attending this public hearing,I know for a fact there will be several thousand people there.Pray for us,we will need it.

    I realize that progress is an important part of moving foward,but this type of stuff is ludicrous.If there is anyone reading this that works for an organization that practices Eminant Domain,Think about what is happening to people when this takes place.What if it was your home....Not your house....but your home.The place you grew up,the place your kids are growing up....you can't put a price on that.If you can justify what you do,shoot me an email and explain to me how you sleep at night,I'd love to hear it.

    Sorry for the long rant,it hasn't been a great day.

     Mike
   
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Post Options Post Options   Thanks (0) Thanks(0)   Quote boat dr Quote  Post ReplyReply Direct Link To This Post Posted: March-31-2008 at 12:26am
Mike sorry for the situation you have been placed into.But there are issues here on this site as well as all over our USA where citizens will not stand up and fight when they have been done an injustice. It is a common occurrence every day.Lets not make a stand or voice our opinion , even tho we know it is the correct thing to do. We may hurt someones feeling or say something that is politically incorrect.
But when that same MONSTER comes and camps out on your doorstep , lets circle the wagons and fight for our rights.
Too little too late, thank GOD I live in the South .No freeways,redlights or infastructure to speak of here.We have two stop signs, and Barney Fife that lives down the street.
Home invasion, yea,Break into a REDNECKS house here...They will shoot you in the yard and drag the body inside, end of investigation......
This country had better wake up, any goverment that can GIVE YOU EVERYTHING can Damn sure take it away, and we are losing those rights everyday........
The best of luck with your situation,and arm yourself well......If the ACLU wont help maybe Mr. Winchester will............boat dr
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Post Options Post Options   Thanks (0) Thanks(0)   Quote p/allen Quote  Post ReplyReply Direct Link To This Post Posted: March-31-2008 at 12:50am
I think eminant domain is a crock . How can people take some ones livelyhood away and decide that it is better for the people of our country .
If they are going to put in high speed lanes, why do they need to increase the amount of lanes they have .     Here in Illinois they put in high speed lanes , but I dont think they increased the amount of lanes . Good luck.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Riley Quote  Post ReplyReply Direct Link To This Post Posted: March-31-2008 at 2:41am
Sorry to hear you're being affected by that Mike. From what I've seen, they're just like the DOT and do whatever they want. Hopefully you'll have enough people show up and they'll be enough bad press that maybe they can be influenced to do something different.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote copcraft Quote  Post ReplyReply Direct Link To This Post Posted: March-31-2008 at 3:17am
Good Luck, I will certainly keep you and your neighbors in my prayers. Keep us informed on how things are going.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote bchesley Quote  Post ReplyReply Direct Link To This Post Posted: April-02-2008 at 2:04pm
Find a good attorney and a good appraiser. We do work for both the state and individuals in ED situations. The state of Texas goes way out of their way to pay fair prices for taken property and is usually above emarket value. You cant stop them but you can get the right value for your property.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote uncle-buck Quote  Post ReplyReply Direct Link To This Post Posted: April-05-2008 at 2:44pm
My suggestion is that the affected landowners get together and find/hire the very best ED attorneys in the state - ones with a successful records of winning large sums from condemning authorities and who don't do any work for them.

A really good ED attorney will work on contingency if you have a good case and they believe they can win. It's a long, complex, arduous process, but well worth the effort.

Remember, if only part of your property is taken, you're typically entitled to compensation for the part taken AND damages to the remainder.

Good luck.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote bkhallpass Quote  Post ReplyReply Direct Link To This Post Posted: April-05-2008 at 3:33pm
I thought ED was handled with a blue pill. BKH
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jbear Quote  Post ReplyReply Direct Link To This Post Posted: April-06-2008 at 2:57am
With the looks of your wife...I cannot imagine ED ever being a problem.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Nautique2001 Quote  Post ReplyReply Direct Link To This Post Posted: April-06-2008 at 12:39pm
That's absolutely crazy, Mike. What is the matter with these people? Are any of the decision makers on the M.T.A. losing their homes??? Sort of like political figures supporting sending troops overseas for the war, but are they urging their kids to go? What's happing to our country?

Another thing that grinds my gears is real estate. There's so many negative messages being broadcasted about our economy. It's actually the best time to buy a home. Low cost of houses, great interest rates. Why doesn't the media braodcast this? Instead they make you want to stay home and not spend a dime. Frustrating!!!!!

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Post Options Post Options   Thanks (0) Thanks(0)   Quote eric lavine Quote  Post ReplyReply Direct Link To This Post Posted: April-06-2008 at 2:11pm
fight it tooth and nail, i had the county come in (nice guy) willing to pay us i think $2.50 a foot for about 300 feet in the front of my shop to run sewer lines. we forcefully told him to get the f- out and called our attorney, it worked, there are circumstances around the issue that we didnt want them running the pipes in the front because 2 years earlier they forced us into a 24k retention system that would be dug up in the front and a 36k septic system that would also be useless.
they are boring on the property line across the street passing the property and re-boring back across after the property.
I know not to fight city hall and I know somehow some way it will cost dearly in the near future because i know the EPA will step in and make us connect and saying this the county doesnt have a short memory
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Post Options Post Options   Thanks (0) Thanks(0)   Quote 05 210 Quote  Post ReplyReply Direct Link To This Post Posted: April-06-2008 at 6:32pm
    Thanks guys for the input and well wishes. We had a "public input" meeting Thursday night at 6pm.It was a real eye opener.They had a Q&A session after their presentation,only problem was....they didn't have any answers.During the presentation,If you asked them a question they didn't want to answer,they would literally turn their back and walk away.These guys have CLEARLY only included info in their proposal that supports their case and they deliberately kept this out of the public's eye for 2 years to avoid resistance. They claim they are in the "conceptual stage" blah blah blah,it early in the process....blah blah blah....but then told us within 6 weeks they will be applying for the permits to start construction.They have a proposed budget 'soup to nuts' for the project,but could not tell us how much they have set aside for land purchases,bringing in utilities,etc.At one of the proposed locations they want to tap into the local streets water main for the water supply....only problem is there is no public water for miles in that area.They didn't even know that.That is only one of hundreds of things they haven't taken into consideration.They only have about 1/10 of the facts on the area,most of which are inaccurate.They actually have lots affected on their map that they think are vacant.....they didn't even know there was houses there! There was 16 locations between York and Wells that they reviewed,and they ruled out the other 12 locations and will (still) not tell us why."They don't fit the criteria",But they fit it enough to be considered in the first place?

     There are many lawyers involved,many political figures involved,and thousands of citizens now involved so we are fighting it as best we can.As for the comments about having an attorney to ensure you get fair money for your house,reread the first post in this thread......these homes ARE NOT FOR SALE.

      When the MTA widened the turnpike a few years back,they bought land from these people for 'Market value'= How's $200 per acre sound.At that time land in York was selling for about $40k an acre.It's not a 2 sided negotiation,if you refuse to sell at what they'll pay,they just take it for $1.00. They also made it a point to tell us they completed that widening project 2 million under budget,but when asked why their new 6 million dollar headquarters is 7 million over budget,they had no comment.That's right...a 13 million dollar building for the MTA to conduct business---your toll revenues at work while our road infrastructure is crumbling.

     Boat Dr. made a good point about not fighting till it's too late or directly affects you,but the problem is actually lack of knowledge available to the public.People don't fight because they don't know.We are working on making everyone aware that this is going on.
     
     There is also NO provision for compensation for lost property value.The MTA's comment was "Well,we may not need to purchase your house/or land,but the project may come close enough to your backyard to affect the quality of living to the point that you may no longer want to live there,and if that close proximity to the construction devalues your house by 50 % there's no compensation to you for that.I guess you should have taken that into account when you bought a house near the turnpike"    
What ? Alot of these houses were there before the turnpike was even built!

   For those of you who travel up I 95 and can't fathom the footprint of this,the Hampton Toll booth in all it's monstrosity is only 16 lanes wide.Add 6 lanes to that and then remember when you come to Maine to vacation,the first thing you'll see coming,and the last thing you'll see leaving will be this tollbooth that displaced lifelong residents of this great town all so you can fly through at highway speed just to travel another 2 miles to the Piscatiqua River Bridge and get stuck in traffic backed all the way up into Maine from Hampton anyway.   WTF?

     Mike

    
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Post Options Post Options   Thanks (0) Thanks(0)   Quote eric lavine Quote  Post ReplyReply Direct Link To This Post Posted: April-06-2008 at 7:01pm
they are using confuse and conquer tactics as usual, what are the legalities if this does happen? or if it doesnt happen? keep at it Mike, remember if you dont try the inevitable will happen....these fat cats always have back-up plans and if forced hard enough will have to use them
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Post Options Post Options   Thanks (0) Thanks(0)   Quote uncle-buck Quote  Post ReplyReply Direct Link To This Post Posted: April-06-2008 at 7:27pm
Mike -- Sorry this is happening to you. I've been on both the receiving end as a property owner, and on the giving end as an elected official of a local government with condemnation powers.

With all due respect, it sounds like you're wasting your time talking to officials of the MTA. The deal is going to happen with that many vested interests who will make money off of the project: lawyers, engineers, construction people, suppliers, financial advisors, etc.

An entity like the MTA does have the power to condemn property for projects in the public interest. Again, I advise you to seek the best legal counsel available and get as much money for your property and your damages as you can.

They can take your property at a low price, but you do have legal recourse and the ability to get more money if your case is sound and handled correctly.

When I was on the receiving end of a condemnation a few years ago, a local government offered me $14K an acre, which I turned down. They then took the property, and the local commissioners "found" the value to be $11K an acre. I sued and ended up four years later settling with them for $36K an acre in cash plus some valuable rights worth 3 or 4 times the cash portion of the settlement.

They didn't want to risk a trial because they knew they were going to end up paying much more than the taking price - and it would have been a public embarassment to them and potentially could have affected their re-relection chances.

But you must have a good case and comptetent counsel in order to be to be successful.

Good luck. -- Bert
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Post Options Post Options   Thanks (0) Thanks(0)   Quote 05 210 Quote  Post ReplyReply Direct Link To This Post Posted: April-06-2008 at 11:27pm
    Uncle Buck,

   Thank you for the insight,and I'm sorry you had to experience this yourself.Fortunately for me,my own property is not in danger.I'm sorry if I in anyway misconstrued that in my postings.However,the property of my friends and neighbors is.I live on a quiet 1 lane dirt road about 1000 feet in the woods.4 houses,all relatives.If the tollbooth is constructed at mile 8.7,the access road for employees,power and utilities will be right across the street from the entrance to my road.It will also be right in the backyard of my brother in laws house.
I also agree about not bothering to plead your case to the MTA as it was evident at that meeting it was a waste of time.We have a meeting with the transportation committee to be heard in Augusta pending date TBA.I applaud our towns officials,who did not want to get involved,but since have.So far our local officials and district reps have been our best resource for getting our message out.The transportation committe is the ONLY group that can over-ride an MTA decision.
The main reason I'm really so upset about it is that I find it hard to believe we should be taking peoples homes when there are other options available that are not being pursued because no one wants to bother.These are people I've known my whole life,honest,hard working people who don't deserve this.Fair compensation or not it's just wrong.(Not to mention the fact that there is about a 2- 2 1/2 year waitig list to build a new house in town.)This is a quiet,coastal tourist town with great economic impact on the state and many protected environmental resources,and historic areas,not some chunk of vacant wasteland in the middle of nowhere.Preserving peoples homes and quality of life should be at the top of the list on any project like this.I guess I'll never have a future in politics . I'll let you all know when something new developes.Thanks for listening.


     Mike
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Post Options Post Options   Thanks (0) Thanks(0)   Quote bchesley Quote  Post ReplyReply Direct Link To This Post Posted: April-08-2008 at 7:25pm
You could always plant some arrow heads a claim an ancient burial ground is there. That should keep them tied up for a few years for the idiots to do an archealogical study.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote 05 210 Quote  Post ReplyReply Direct Link To This Post Posted: April-08-2008 at 11:36pm
Originally posted by bchesley bchesley wrote:

You could always plant some arrow heads a claim an ancient burial ground is there. That should keep them tied up for a few years for the idiots to do an archealogical study.


   I like the way you think

    Mike
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Post Options Post Options   Thanks (0) Thanks(0)   Quote eric lavine Quote  Post ReplyReply Direct Link To This Post Posted: April-08-2008 at 11:42pm
thats not a bad idea, go get a skull, i sure the f- would, mike you dont know me i would do that if i knew where to get a skull and a dash of native american artifacts. that would stop the project dead in its tracks
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Post Options Post Options   Thanks (0) Thanks(0)   Quote 05 210 Quote  Post ReplyReply Direct Link To This Post Posted: April-09-2008 at 12:00am
   Hmmmm, I know there are historical burial sites in the area (The MTA claims there isn't, though).Whether or not they go back that far I don't know.It would be worth looking into though.There are(were) a lot of native americans in Maine.Now.... if I could only find that head-dress and buffalo skin I used to chase my wife around the house in   


   Mike
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Post Options Post Options   Thanks (0) Thanks(0)   Quote eric lavine Quote  Post ReplyReply Direct Link To This Post Posted: April-09-2008 at 9:55am
even at the meetings, bring up the burial sites, that is an issue that stops progress dead in its tracks, let them tell you where all the burial sites are and use yourself and others concerned to really push the burial sites...its a good angle. wish the best for you guy's out here...
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