An Interesting Legal Question

[digginfool]

I just received my property tax notice from Polk County for my RR property.  After reading through it, I noticed that it states if you feel that the market value of your property is inaccurate or does not reflect actual market value....  This got me thinking; if by some action my property was seized by emminent domain, would I only be paid the $312.00 Polk County says my land is worth?  After all, I've agreed to this value for five years now and have willing paid the assessment (which is actually $0.00 since they do not collect taxes less than a certain amount but would only be $4.81 if they did).  My gut feeling is that the land owners in RR would be well served to tell Polk County that their land is worth more and willingly pay the taxes.  Imagine how you would feel if FDEP seized the land for preservation or the US Government to expand Avon MOA and only paid you pennies on the dollar compared to what you have invested.  What says you, Mr. Anoriginal (or you other lawyerly types)?

[IXIswamperIXI]

I'm getting ripped off mines at $9.72 LOL Just got mine as well. I wouldn't mind paying more to get more if they take it.

[AintSkeered]

Instead of asking for us all to pay more tax, just buy more property!

[Anoriginal]

Eminent domain actions are basically a battle of appraisals. The taking authority will have their appraiser, you will have yours. Most of the time, things settle before things get too crazy with trial, etc. Truth is, once they decide to take it, they're going to take it. All you can do is get as much money for it as you can.

In the case of RR, they won't be able to rely upon the tax rolls as a basis for their valuation. Granted, its going to be considered but, it won't carry the day for them. Instead, the taking entity's appraiser will consider sales of similar property (including improvements) when coming up with their valuation. In the case of RR, I don't see there being enough difference between their appraisal and your's to go to battle over. There's just not enough money in it.

Now, here's the twist. If your camp isn't on your actual property, your improvements will not be considered (buildings, wells, etc) because they are not located on your actual property. You will get paid based upon vacant land values and nothing more. So, paying higher taxes won't necessarily help. Making sure you really do own the property your camp is situated on is probably the most important thing to consider.

There are a few reasons this is important. First, as stated above, its a matter of improved versus vacant land valuation. The second reason is more complex but, more important. Its best described by example.

When the federal government decided to exercise its emminent domain power in the Big Cypress area of the Everglades, they met stiff and well funded resistance. In the end, approximately 40-45 people were able to keep their camps and three acres within the Big Cypress Preserve. This is an amazing feat as its not common for private ownership within national parks and preserves. So, why did these folks get to keep their camps? The reason is because their camps were located on the actual property they owned. Anyone who owned a camp that wasn't located on their actual property, lost their camp and, got paid very little if anything.

I'm not saying this would be an option if RR was taken through emminent domain. However, its certainly something to consider.

Hope this response helps answer some of the questions.

[digginfool]

Thank you, Sir Matthew.  No more questions.  Thank you very, very much.  You've been a lovely, lovely witness. 

[Anoriginal]

Thank you, Sir Matthew.  No more questions.  Thank you very, very much.  You've been a lovely, lovely witness. 

Thank you sir!