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Edited on Tue Feb-23-10 08:43 PM by Xithras
One of the two people I knew was a friend of my dad's who bought a home in Central California in the late 1980's. In the early 1990's, during the previous big housing crash, the state decided that they wanted to build part of a new interchange across his land. He didn't really have a problem with any of it until he got his appraisal.
It was a long time ago so the numbers are fuzzy, but if I remember correctly he paid about $90,000 for the land and property, covered by a purchase mortgage. Because of the downturn, the state valued his home at $75,000, which actually WAS the fair market value at the time. Conveniently, that was also about the same amount that he owed the bank. So the state was going to take his land and compensate him with just enough money to pay off the mortgage, so he'd walk away with NOTHING (actually, by the time all was said and done, I think he said he'd have still owed the bank about a grand). The state refused to budge, stating that they can only pay based on the current valuation of the home. They offered several apologies, but no more money.
He fought them for over a year until they finally caved and offered to compensate him at his original purchase price. They dragged it out and only settled the DAY BEFORE it was supposed to go to court! He ended up pocketing about $15k on the deal, which he used as the down payment on his new replacement home. As it turned out, the new home was a bit of an upgrade for him as the depressed market gave him more buying power.
The state may have no interest in screwing you at all, and may be more than willing to make you what they consider to be a good offer. If you agree, great! The "worst case scenario" may not happen, but it doesn't hurt to know your options and have some preparations for it in place ahead of time. The last thing you want to do is find yourself scrambling for a lawyer AFTER you receive their offer, when the clock starts ticking.
You know, you may want to have your home appraised right now, even before their offer comes in. Professional appraisals generally run a few hundred dollars, but having one will quickly let you judge the fairness of the states offer when it arrives.
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