--- In AsburyPark@yahoogroups.com, Joe D'Andrea <[EMAIL PROTECTED]> wrote:
>
> BTW...just because a judge says you /can/ do the appraisals this
way doesn't mean you /have/ to do them that way.
>
> It is the city council that has the power to set the price and it
is the city council that does the condemnation.
>
> If any member of the council had property in the redevelopment
zone, you can be sure that the plan for condemning everything and
the formula for setting the price would be different.
>
> I support this council and I urge them to adjust their outlook on
how condemnation is carried out and do the right thing.
>
> ~joe
>
Joe,
I agree with your sentiment, but you're wrong as to the first part.
Once the city agreed to condemn, it is up to the courts to decide
what is the just compensation. The law is clear on this matter, no
project enhancement, no condemnation blight. That is, no affect
(increase/decrease) on the value because of the project. While I
have not written a book, I have written the book on this concept.
A condemnor (city on behalf of Partners because they CANNOT transfer
its inherent powers) is only obligated to make an offer based upon
its highest appraisal. The RA obligates the city to use Moliver,
Partners' hack. If the city wanted to make sure everyone got a fair
price, they could refuse to condemn unless that occurred (I doubt
Partners could even sue for breach of contract because as I advised
the city, it cannot bind its powers via contract and thus, that
provision of the RA is unenforceable).
As to your last point, I have heard rumors (I hate saying that but I
don't know if they are true) that the condemnation lines were
changed when the plan was being developed so that properties of
friends of the then council were taken out of the takings.
If what I heard about the negotiations is true, and this issue above
about the Orlando taking is true, I think no one should support this
council unless it gets REAL and FAIR. There is a razor to our
collective necks. Let's get rid of it.
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