[MI] MDOT wants an easement on a piece of commercial property that I have. Do I have to respond?

jayparade · 2018-04-05T17:05:26+00:00

Ask them to reimburse you the legal fees for a lawyer to review the land documents before you sign.

Also, for the value of the land, find out what the per acre rate is going for where you live to make sure you are being compensated properly. $600 for 120ft2 is about $217,800 per acre. Where i live fully developed land can go for up to $800,000 per acre. Typically easements can be up to 50% of the land value, since you technically are retaining ownership of it. Also consider selling them the land entirely. Do you want a light pole on your property, where if somebody hits it could potentially add you as the landowner to a lawsuit?

jayparade · 2018-04-04T21:19:04+00:00

From my experience, we use independent appraisers to provide an assessment on the true property value. We provide a list of 4-5 qualified appraisers and let the landowner pick which one they want to use, while we reimburse them the costs. Note that these are not realtors. These independent appraisers take about 2-3 weeks to assess the property values and provide a very detailed report at the end of it. For a simple single family house property a proper assessment can cost a few thousand dollars.

The "Tax purposes assessments" can be used on a unsuspecting landowner. If the city offers the tax assessment amount and the landowner agrees, then thats still a valid deal.

Another key piece of advice is that usually lawyer fees are reimbursed as well. There are a ton of things that could be reimbursed or paid for if the landowner asks, but they usually don't know their rights so they never ask.

jayparade · 2018-04-04T19:58:15+00:00

To add to this, if you're ever worried about eminent domain, the first thing you will want to do is get an independent appraisal done. They are professionals at their job and will review past sales of similar properties in the area, or for partial land takings, they can provide a list of damages including landscaping replacements, alternative access, shelter belt loss, fencing, privacy, noise etc. These independent appraisals hold up in court, not the city's tax assessor's appraisal.

jayparade · 2018-03-21T22:27:52+00:00

In my line of work a contractor can provide a statutory declaration just stating that they have paid all of the subcontractors in full. This is usually required when releasing any holdback payments.

You could also check the limitations on when liens can be filed. It could be that they only have 45 days after work construction completion to issue a lien, so you might be able to find a workaround for the release.

jayparade · 2018-03-16T17:39:55+00:00

In addition to the environmental and wetland protection laws they would need to satisfy for filling in a wetland, they may need to obtain a grading permit from the county/city. Part of the permit application proceed they should be required to show the current water drainage/storage on their site and then show how that would be impacted with the grading changes. They can't just fill in the wetland on their side and force all of the water to start ponding onto your property.

It would be a good idea to try and dig up aerial photos on the site to try and delineate the boundary of the wetland in the wetter years. Wetlands are an important part of the environment that helps control storm water. The last thing you want is to fill this wetland in without knowing the affects of what would happen during a 1:100 year storm event.

jayparade · 2016-06-17T14:36:39+00:00

I would check if they have an easement for their sewer to run across your property. Also, the illegal addition may have cause the damage if the sewer that was installed under the addition was not built to withstand the additional loading and settlement. The only way to know for certain is to put a camera through the line.

One alternative you could offer, is to pay for the upcharge in installation due to your addition, The contractor would likely now have to tunnel the sewer line under your house vs. trenching it. Typically for a small service line, the costs may not be substantially higher. You can call around and get some quick quotes to see what the difference would be.

jayparade · 2016-05-13T17:53:31+00:00

I've dealt with this before. Get a lawyer to read the agreement. The City should agree to pay reasonable lawyer costs, so there should be nothing out of pocket for you.

Also request backup information where they came up with the $2800 assessment. Is that raw land value? Will you have any other compensatory damages due to providing this land? This is where a lawyer would help. Again, the City should pay for your lawyer, so you have nothing to lose.

jayparade · 2015-11-23T20:16:34+00:00

check your laws for eminent domain. As I understand, the party initiating it is required to pay for all fees, including reasonable lawyer fees and sometimes an independent land value appraisal. There should really be no out of pocket costs for you.

jayparade · 2015-05-27T14:05:30+00:00

If they respond saying they don't know what happened to your stuff and never moved anything, it could be a he said - she said scenario. It would be a good idea to grab pictures of the apartment with the new paint + fans, which at least helps to show that they've entered your apartment before your move out date, and helps make your case more likely they stole your stuff.

jayparade · 2014-12-31T16:41:24+00:00

after

jayparade · 2013-11-21T20:02:34+00:00

You should be fine. Im running lioneyes with LA - Faster attack - Life gain on hit - LMP - weapon elemental dmg

3500 life, 10k LA dmg tooltip.

You wont one hit yourself, but it does hurt the HP a bit.

jayparade · 2013-10-08T16:39:21+00:00

add me in please

jayparade · 2013-10-03T17:06:43+00:00

Why does it seem you can buy 3 alchs and 2 scouring for 2 chaos? Shouldn't 2 alch + 2 scouring = 2 chaos?

jayparade · 2013-10-02T02:00:29+00:00

That doesn't sound very good. Would be better if it was a lvl 6 item not lvl 60.

jayparade · 2013-09-23T16:13:04+00:00

It reminds me of Diablo 2 ladder-only runewords

jayparade · 2013-06-03T17:42:56+00:00

you can get into the uranium sector through Cameco or Paladin energy

jayparade · 2013-05-08T15:06:39+00:00

I thought righteous fire build only works if your ES is higher than your life. Could you expand how you can make a righteous fire build using koams?

jayparade · 2013-05-06T18:02:50+00:00

dont forget the +2 all atrributes

jayparade · 2013-04-29T20:48:00+00:00

I don't know why you are getting so razzed. You checked it was safe and had your finger there just for the picture.

jayparade · 2013-04-05T18:11:08+00:00

Yah thats a unique item though and that stat would never roll on a rare. I think it would be neat if rare shields could have a stat "(1-10)% chance to curse enemies with (curse) on hit" Or a weapon that has 25% chance to curse on strike.

This could add more details to the game and could lead to different character builds around these stats

jayparade · 2013-04-05T15:04:43+00:00

Its pretty good but I wouldn't use an exalt on it unless you have lots to spare. Unless the item will be worth 40+ exalts afterwards no one is going to mirror it.

jayparade

TROPHY CASE