Last Wednesday night there was an eminent domain tutorial sponsored by the CC-HSR group at the Lane Room in the B'game library.  I only heard the second speaker, but a concerned resident took notes on the first speaker who addressed the issue of eminent domain takings for obnoxiously high-cost rail.  Here are some of her main points from Andrew Turner's presentation:

What is just compensation? 

Tangible and intangible values:

1. Fair Market value of property taken

2. Severance damages

3. Loss of good will

 

What must HSR do to acquire by Eminent Domain?

  Property must be appraised

A written offer must be made providing a summary of the basis for appraisal

  Must offer an amount at or above appraisal and pay reasonable

costs.  Appraisal cost(compensation) may not exceed $5,000.

 

The value excludes the lowered value as a result of the project.  Legally, the appraisal must

exclude the fact (i.e. the existence) of the project.  Factually,  it must determine when the reduction in value started?

"Inverse condemnation" occurs when there is  loss of value, but not a loss of the property specifically, as determined by the court.  (i.e. the property is in immediate vicinity of the project, but will not be part of the project.

There were about 85 people in the audience when I arrived and they got to hear the second speaker, Gary Patton, tell them that:

High Cost Rail really hasn't submitted any plans to get started, they just keep giving that impression to the press.

If the people who are subject to eminent domain don't "hang together, they will hang separately".  He also applied that Ben Franklin quote to all of the cities on the peninsula.  I felt like he was making the point that all is not lost yet–which is not the feeling you get when you listen to the likes of Screwball Kopp and his merry band of community wreckers at the HSRA.  Here is Gary marshalling the troops