Archive for January, 2010
Court Decisions Put Wrinkle In Eminent Domain
Dollars Sense
By Denice Gierach
As published in the Naperville Sun March 13 2007
Eminent domain is the law that allows the government to condemn your property and take it over for a public purpose. In the past the public purpose was for a government center a school a road or something that would benefit the general public. Recently there was a United States Supreme Court Case of a municipality in Connecticut that condemned a property so that it could economically revitalize an area.
The owners of the property refused to sell their property to a developer. The city council for the municipality expected the new development to attract new jobs generate tax revenue and build momentum to revitalize the city. The city condemned the property. The owners who wanted to continue to live thereargued that the city would be taking the property for a privatenot a public purpose and therefore the citys purpose was not legitimate. The city convinced the Supreme Court that the redevelopment of the city the added economic benefit of the new economic development the additional tax revenue were valid purposes under the law. As a result the city successfully condemned the property and of course had to pay the owner an amount equal to the fair market value of the property.
As a result of this case many states including Illinois enacted new legislation to make the municipalitys use of eminent domain powers more fair to the existing property owners. The Act still allows the municipality to take property for public ownership and control as they do now for recognized public purposes i.e. to widen roads build schools and perform other vital government functions.
The Act also provides that if property is taken by a government for private ownership or control the government agency must show by clear and convincing evidence that the acquisition is 1 primarily for the benefit use or enjoyment of the public and 2 necessary. The onus is on the government agency to prove these facts. The type of takings that are allowed for this purpose are those for eliminating blight and takings for utilities public housing airports libraries or museums charter schools and landmarks. The property owners can file a motion to challenge the existence of blight factors within six months of the filing of the complaint to condemn.
Under the Act the government authority must pay relocation costs to the property owner and any tenants. The government authority must also pay the fair market value of the property usually as of the date that they file their complaint. Appraisers and experts determine the value of the property. The Act also may force the government agency to pay attorneys fees expert fees and costs if the property owner has made an offer of settlement and the court determines a compensation that is higher than the last written offer from the property owner.
Why is this change in the law relevant? After all you rarely read about a government body taking someones property although School District 204 is pursuing this course of action for their newest high school. Also in Aurora which has been very active in redevelopment of its downtown area the city has eminent domain powers at its disposal. As Naperville becomes more built out the future may lie in these provisions. While you may not remember all of the facts listed in this article remember that because of the change in the law as a property owner you have more power in the face of prospective condemnations that have a private purpose than you did before.
About the writer: Denice Gierach is a lawyer and owner of The Gierach Law Firm in Naperville. She is a certified public accountant and has a master’s degree in management. She may be reached at deniceggierachlawfirm.com. For more information on Denice and The Gierach Law Firm visit Gierach Law Firm
Country French House Plans
Country French House Plans Provide Flexibility for Any Sized Home
A Country French home plan has an appeal that comes from the charming design to have the rooms flow nicely together while providing a relaxing atmosphere with rustic attributes that can only derive from the French countryside. Some common traits you will find with Country French homes include soft lines amazing stonework and curved arches. Homeowners enjoy the different sizes that Country French homes can be constructed into without losing its charm. Cozy cottage homes and large estates can all feature the attraction that Country French houses provide.
Beautiful Combinations of Stone Create a Country French Home’s Exterior
Country French house plans will often include various types of brick stone or stucco on the outside walls. Delicate stone is only the beginning when it comes to the rural elements that are common among Country French designs. Homeowners can have the option of only using brick or stone on the home’s exterior or use both to form an elaborate facade.
Like other homes that have a French influence the roof is a special component that distinguishes itself from other home designs. Multiple steep roofs with intricate detailing and flared eaves are very common with this house plan. Several roof elements are created to help produce different visual focus points. The character of the roof often gives a medieval impression to viewers.
While the exterior of a Country French home is constructed asymmetrically the main entry door is usually located in the center and is prominently designed to greet visitors in the formal living areas of the home. Both the windows and doors are typically constructed to be arched or rounded to match the rest of the home’s nature. The windows are often tall and will sometimes include shutters.
Country French Homes Offer Varies Designs for the Interior
While the exterior of a Country French home generally follows the same design techniques the interior can easily be formed to match your living style. The interior entryways carry the same theme as the home’s windows and doors. They will often have arched openings that lead to rooms that sometimes feature exposed wood beams. This plan helps bring the relaxing French countryside to any home.
Stone floors are common in Country French houses in order to tie in the exterior elements with the interior. Plaster walls are also common in this type of house plan and provides the homeowners with the prestigious French elegance. Country French houses usually form a rectangular shape which allows the owners to customize the interior so it matches their current lifestyle.
Formal Country French house plans will often have corner quoins and second floor balconies while any form of a Country French home will include the charming exterior features. Families nationwide have made Country French designs a popular style as it can be created for any sized house. Other home plans may not allow as much flexibility as a Country French house plan does. This is highly favored by people that want to create a home that is easy to live in while still providing a sense or relaxation and sophistication
About the writer: WOW Property are a nationwide firm of online property agents. Visit our website to find an estate agent in your area and to search homes for sale in the UK.
Costa Rica Real Estate Investments
When it comes to Costa Rica real estate investments there is the ability to make some excellent profits; however there is the need to be careful when you do so. When you get involved with Costa Rica real estate investments or any type of real estate investing you need to make sure that you take the time to do your homework and you should also make sure that you use common sense as well. Many investors make mistakes when they get involved with Costa Rica real estate investments so you need to learn about these mistakes so that you can avoid them and really make money on the property you invest in.
Mistake 1 Buying the Very Cheapest Land One mistake that many investors make when they get involved with Costa Rica real estate investments it that they think that the cheapest land is the very best land. Just because it is cheap does not mean that the price is going to rise significantly. So dont be caught off guard and make this mistake.
Mistake 2 Purchasing Land Where there is No Infrastructure When you invest in land in Costa Rica youll want to make sure that your Costa Rica real estate investments are near some type of infrastructure. So investing near places like marinas or airports is going to help you make sure that you really do make your profit.
Mistake 3 Dont Just Listen to the Sales Pitch When you are dealing with a sales person dont take their word for it when it comes to Costa Rica real estate investments. Take the time to shop around on your own check out their background as well and find out if they have helped other people find good investments in the past.
These are just a few mistakes that youll want to avoid when you are getting involved with Costa Rica real estate investments. Keep them in mind and youll find a great investment and be able to make a good profit.
About the writer: An alluring quality of life experience awaits you at Cerro Fresco an unparalleled Costa Rica Real Estate development located in Jaco Costa Rica.
