State or Federal law?
I live in eastern MOntana and on a two lane highway. It looks as though it may be made into a four lane. THose of us who live on the side of it are concerned that some of our farmsteads maybe taken away from us or we may be forced to sell them to the government for this expansion. Do I look under state or federal laws for information on this? Any one dealt with this before? I live on a historic homestead site. Does this factor in on the decision to destroy it or not?
Answers:
I would first find out what the state law is concerning eminent domain in your state. Although there is a federal law some states enforce a modified version.
If the property is listed as having historic value, I would contact the historical society in your area for assistance. They generally have more assets to prevent this type of situation from occurring.
I would also get everyone that will be affected together on the issue and bring it up at your next County Commissioner's meeting.
It's called eminent domain. My grand parents lost their home of 65 years, because the city wanted to build condos to bring up the value of the neighborhood. Very sad that the government can do this. Not sure if it's different by state or if this is a federal law. My guess is it depends on the state, so check state laws first.
You need to find out what kind of roadway it is. If it is titled a road, street, way, or something to that effect, it is the responsibility of the county you live in. If it is a State Highway, then you should check with the State. If it is an Interstate Highway, then it belongs to the Feds. I would certainly believe that the fact that you live on a historic homestead would be an issue you should raise with the proper authorities. Good luck.
It would be state law. There is a good body of federal case law on eminent domain, but the actual decision on whether or not to take the land would be in the hands of local authorities who need to follow state law, which is generally more protective of property. Even if it's an interstate highway, it's maintained by the state.
If it's a historic site, try to get it registered in the National Register of Historic Places. That is a good defense against eminent domain.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: