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Seeker
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London Ontario
Jan 1970
time: 00:20
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A few pieces of info on the eminent domain debate, my landlord is an american from michigan who has fought numerous legal battles in this arena.
1. 'Fair Market Value': is determined by the Expropriating Authority (council, hospital, university, etc).
2. This valuation is determined solely by the council (or its approved agents which is effectively the same thing) and somewhere the law in his case explicitly states that it is not subject to 'unreasonableness'. The court ruled that it could be found to be 'unreasonable', but only in 'extraordinary circumstances' which they defined as creating a second-class of citizens.
3. However, owners have a right to first bid to buy back property even if they have signed a document of sale during the expropriation. Thus, if a property is expropriated by council, and then it is put up for sale (example, to a developer) the former owner MUST be reasonably informed and gets a right to bid first based on whatever valuation that the Authority is using to sell to the developer (and remember in this 'cosy' developer and cousin bob on counicl situations, it can be sold for $1). You cannot 'tacitly' give up this right of first claim.
Anyway, that's what he told me.
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30-06-2005 05:37
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