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2008-07-17 Brian TaylorEXHIBIT NEBRASKA EMINENT DOMAIN PROCEDURE OUTLINE The purpose of this outline is to provide a summary for the real estate owner of the steps taken to acquire real estate in Nebraska by eminent domain. This outline should not be considered as a complete statement of all laws and procedures governing eminent domain but it is merely a summary. The City of Blair hires an independent licensed appraiser to determine the value for the property in question. The City of Blair then contacts the property owner in writing and makes an offer to purchase the property for the appraised valuation amount. The landowner may accept the City of Blair's offer, make a counter offer, and to otherwise negotiate in good faith with the City, and the City with the landowner, to come to an agreeable price so that eminent domain proceedings will not be necessary. When agreement with the landowner cannot be reached appropriate documents instituting eminent domain proceedings are filed on behalf of the City of Blair with the County Judge in Washington County Court. The County Judge appoints three local real estate owners as appraisers who are familiar with local real estate values. After proper notification to the landowners regarding the time and place of the hearing, the appointed board of appraisers view the property and listen to the statements of the landowner concerning their opinion of land value and any damages and to statements of the City of Blair representatives. The landowner is not required to attend the hearing but may do so if he chooses. The landowner may present his own valuation statement to the appraisers or may retain an attorney to represent him. The above described hearing is conducted at no expenses to the landowner, unless the landowner elects to retain an attorney. The appointed board of appraisers is then required to file a written report of their valuation determination with the County Judge. The City of Blair shall deposit with the County Court an amount equal to the appraiser's valuation before the City of Blair can take physical possession of the property. If neither party appeals to the District Court, the money is available to the landowner after 30 days from the filing of the award by the appraisers. The landowner should make inquiry of the County Court as to when the appraiser award was filed. If the landowner or the City of Blair is not satisfied with the valuation report of the appraisers, either may appeal the valuation to the District Court for a determination of value by a Jury. In the event of such an appeal it is common for the landowner to retain an attorney to represent him for the jury trial in District Court. It is important to note that the landowner may accept the City of Blair's offer prior to the trial and the eminent domain proceedings will be dismissed by the District Court. ASSUMPTIONS AND LINHIINO CONDITIONS In conducting this appraisal I have assumed, except as otherwise noted in this report, the following: Title is marketable and free and clear of all liens, encumbrances, encroachments, easements and restrictions. The property is under .responsible ownership and is available for its highest and best use. 2. There is no existing judgments or pending or threatened litigation,, which could affect the value of the property. s. There are no hidden or undisclosed conditions of the land or of the improvements which would render the property more or less valuable. 4. The revenue stamps placed on any deed to indicate the sale price is in correct relation to the actual dollar amount of the transaction. The land and improvements are in compliance with all applicable building, environmental, zoning and other federal, state and local laws, regulations and codes. 6. This appraisal. is a summaly appraisal and :is limited in scope by doing an appraisal of land only and valuing the land area (including temporary easement) and only those site improvements ( including loss ofparlcing spaces) acquired for needed right of way by the City of Blair, Nebraska. The land and site improvements to be acquired are needed for the U.S.. Highway 30 Improvement Project Right Turn Lane at Washington Street, Blair, Nebraska. The report is subject to the following limiting conditions, except as. otherwise noted in the report: An appraisal is inherently subj ective and.represents only an estimate of a property's market value. 2. The conclusions stated in the appraisal apply only as of the date indicated and no representation is made as to the effect of subsequent events. 3. No changes in any federal, state or local laws, regulations or codes (including, without limitation, the Internal Revenue Code) are anticipated. 4. No environmental impact studies were either requested or made in conjunction with this appraisal and I reserve the right to revise or rescind any of the value opinions based upon any subsequent environmental impact studies. If any environmental impact statement is required by law the appraisal assumes that such statements would be favorable and will be approved by the appropriate regulatory bodies. -i- WA SUMMARY OF IMPORTANT DATA AND CONCLUSIONS (CONTINUED) Valuation Indication Sales Comparison Approach $84,000 Allocation /)7 u Land Valuation (Site Value) $13,100 Residential Improvements Total Estimated Residential Property Value $84,000 Reconciled Market Value 01 Summary of Appraisal and Estimate of Damages Market Value Before the Taking (Land and Residential Improvements) $84,000 Estimated Value of the Part Taken (Permanent Easement) 2,350 Value of the Remainder Before the Tatting $81,650 Value of the Remainder after the Tatting 81,650 Severance Damage (Difference) $ 0 Value of the Part Taken 2,350 Total Estimated Damages $ 2,350 Allocated To: Value of the Part Taken $2,350 ` Severance Damage 0 Total Estimated Damages $2,350 WA RE,CONCILIATION Reconciliation is the process of coordinating and integrating related facts to form a conclusion regarding the market value of a property. This process typically involves more than one approach to the value estimate. In the case of the subject property, the Sales Comparison Approach with a separation of land valuation is the only approach to estimate the value. The Cost Approach was not considered applicable due to the age of the building improvements (1910), The Income Capitalization Approach was similarly not considered applicable because there is insufficient market rental data and this is not the approach utilized by buyers and sellers for residential properties. Therefore, after analysis and studyandrelying on the Sales Comparison Approach with a separate land sale valuation section, .I estimate the value of the fee simple estate of the subject property, subject to my certification and assumptions and limiting conditions as of June 3, 2008, at: EIGHTY -TOUR THOUSAND DOLLARS _ _ ($84,000) For the purpose of this appraisal, I have estimated and separated the valuation as follows: Land Valuation (Site Value) $13;100 lyy/ Residential Improvements a '7 0 1 '900 Total Estimated Residential Property Value $84,000 _27.. �s_�c_..,n1v�u.��.,.., -+ ...,.. d....:.�.... ,._.T. >+-. of .�.�_✓�._.,...i_..i._v., .,. _�.� s �..;..c w »......et ,a �.w.:.:_ .. -._ ._ - i , ... �r�.�..x _�.-.. , ..rte... �_.�....a.>.v_._- . -�___. ..c.. W CL C) W E L w LL > Lj l.O Z m tf9 IJ.J Q) 000 G c ~ t0 LLA C= W 11 =CNN V Z ®1 W d P'N 4I N Qz (� Yccli d J a do oa m Q -1 W QU Z $O = C v � U z Cb .,I z i ®^� �Eyo� N .-C w�i � j w o cn ° " - EEu L m �vn`w X C) O o O ai w v E o.0 r o w O �y Z w 0 F. >. ale Q > LL U C= N d °o ® v6LL o a ° ZE ° �2E y 0) O E EM N N N 0 Q a. Q N L U L_ z ® I Y W ui Q Ld Ln N L � z c N = a � L� e ta t rte' ,9' - - GO �o M o L^J o Q -_ w m �f o ® z � N Y. - f' L i. L V V V 114 1 1 r r ' hT Vill Ur oLMIA ML 4LD.'!IY11 0 15' SCALE Poll OF TAX LOT 512 EASEMENT DF. CEIP770N A PORTION •OF TAX LOT 512, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS} REFERRING t0 THE SOUTHWEST CORNER OF SAID TAX LOT, THENCE N 00'0558" W, 1.34.34 FT. ON THE WEST LINE OF SAID TAX LOT TO THE POINT OF BEGINNING, THENCE CONTINUING N 00'0658" W, 22.54 FT. ON SAID VI. ST LINE THENCE N 622541 "" E. 64.57 Fr; THENCE N 3'97838" E. 5.24 FT.; THENCE N 2726'32" E, 20.89 FT.: THENCE N 40'0630" E. 8.12 FT TO THE CAST UNE OF SAID TAX LOT.- THENCE S 0001:39" IN 38.19 FT ON SAID EAST LINE; THENCE 5 397838" W, 8.33 FT.; THENCE S 6225'41" W. 79.05 FT. TO THE POINT OF BEGINNING, CONTAINING 0.04 ACRES (1874 S0. Fr,) OR LESS, LINE TABLE LINE BEARING DISTANCE L23 N 62'25'47" E 64.57' L24 N 39'18'38" E 5.24' L25 N 27'26'32" E 20.89' L26 N 40'06'30" E 8.12' 1.27 S 00'01'39" W 38.19' L28 S 39'18'38" W 8.33' L29 S 62'25'41" W 79.05' L30 N 00'06'58 W 1 22.54' ^" TAXLOT11 TRAIL EASEMENT ; ^ .aa ICIItKU M MICHAEL NGBgA$Y� " 11 se o1 `^ Signature Delivered by Date and time of delivery 218 South 16th Street a Blair, Nebraska 68008 • 402 -426 -4191 ^ Fax 402 -426 -4195 e E -mail cityofblair@ci,blair.ne,us Local Public Agency Just Compensation • Project No.: - - - - - - _ - - - - ------- - - - - -- Tract No.: Control No.: Property Owner: Having reviewed all of the pertinent facts and information available, my determination is that $M&% Just Compensation for this tract. This amount is not less than the approved appraisal of the fair market value of the property. I have no direct or indirect, present or contemplated future personal interest in this determination, nor will I derive any benefit from this determination. ..... ... .................. ........ .......... ............................... ate Signed LPA Official Title RPV -5 rO/"?/se 0 1 av Signature / Delivered by Date a time of - 218 South 16th Street a Blair, Nebraska 68008 • 402 -426 -4191 • Fax 402 - 426 -4195 • E -mail cityofblair @ci.blair,ne,us Page 1 of 2 Allen Schoemaker From: Sullivan, Roxanne [Roxanne.Sullivan @nebraska.gov] Sent: Friday, July 18, 2008 9:58 AM To: Allen Schoemaker Subject: RE: Review of Brian L. Taylor residence Attachments: BLAIR 7- 18- 08.pdf; BLAIR 7 -18 -08 _new448.pdf; BLAIR 7- 18- 08_new44A.pdf Allen, Here are the pages our Reviewer referred to in his email. Our scanner just started working again; sorry for the delay. Roxanne From: Allen Schoemaker [mailto:allens @ci.blair.ne.us] Sent: Wednesday, July 16, 2008 2:26 PM To: Sullivan, Roxanne Subject: RE: Review of Brian L. Taylor residence Thank you for the quick response Roxanne. Al From: Sullivan, Roxanne [ mailto: Roxanne.Sullivan @nebrasl<a.gov] Sent: Wednesday, July 16, 2008 2:15 PM To: Allen Schoemaker Cc: mjobman @sinclairhille.com Subject: FW: Review of Brian L. Taylor residence Allen, NDOR has reviewed and approved the Taylor Appraisal in the amount of $2,350. Below area couple of items our reviewer noted that you may want to address. You can now begin negotiations on this tract. Also, In the project file you will need to complete a "Just Compensation" Form and include it with the Appraisal documents. Here's the link to that form: http://www.nebraskatrans P ortation .org /roway /pdfs /I /Attachments/rpv -5. p df Please call should you have any questions. Roxanne From: Mullin, Timothy Sent: Wednesday, July 16, 2008 11:40 AM To: Sullivan, Roxanne Subject: Review of Brian L. Taylor residence Roxanne, have reviewed Mr. Stevens appraisal of the property located at 2344 College Drive in Blair and am approving the appraisal. I did make a correction to the computations on page 2 and page 27. These corrections do not change the total compensation for the tract. It also appears that there may be a 7/21/2008 Page 2 of 2 incorrect statement in the "Assumptions and Limiting Conditions" on page i, as the last sentence in #6 states that the acquisitions ". . . are needed for the U.S. Highway 30 Improvement Project Right Turn Lane at Washington Street, Blair, Nebraska ". It seems to me like this should state that it is needed for the Dana Bike Trail Project. Other than those two items, the appraisal is well written and does not include any non - compensable items. If you have any questions, please let me know. Tim 7/21/2008 as dur "" oor ae - ee lot, July 17, 2008 Brian L. Taylor 2344 College Dr. Blair, NE 68008 Re: Intent to Purchase Property Dear Mr. Anderson This is to notify you that as part of the City of Blair's proposed construction of the Dana Trail, the City is proposing to acquire a twenty foot permanent easement on your property located at 2344 College Dr. and more particularly described as Tax Lot 512 in Section 11, Township 18 North, Range 11 East of the 6 t11 P.M. and as shown on the attached drawing. Mr. Thomas Stevens, MAI of Thomas E Stevens & Associates was contracted to complete an appraisal of the property. Based on Mr. Stevens's appraisal, copy enclosed, the City of Blair will make you an offer of $2400.00 for the said easement on your property. I or a representative of the City will give you a call in a couple days to set up a time when we can discuss this acquisition and offer. Attached is our exhibit for your review that summarizes the acquisition procedure the City of Blair is required to follow. If you have any questions feel free to contact me. Sincerely, Rod Storm City Administrator 402 - 426 -4191 218 South 16th Street ^ Blair, Nebraska 68008 ^ 402 - 426 -4191 ^ Fax 402 - 426 -4195 ^ E -mail cilyofblair @ci,blaicne,us _' 17 ise ®I Q" Local Public Agency Just Compensation Determination Pro No.: Tract No.: V" Control No.: Property Owner: Having owed all of the pertinent facts and information avmi|eb|e, my determination is that $� Just Compensation for this tract. This amount is not less than the approved appraisal of the fair market value of the property. | have no direct or indirect, present or contemplated future personal interest in this determination, nor will | derive any benefit from this determination. ' -�'�+-'�������-�!�-------. --'� ... �-- .-------------. ..... .... ............ 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