There may be other elements of compensation that a person affected by an expropriation order may claim: for example, reasonable lawyers` and surveyors` fees, interest until compensation is paid, and compensation for disturbances such as relocation costs and loss of goodwill or profit may also be considered, depending on the circumstances. B. The chief executive or the representative of the place or authority shall determine on a preliminary basis that property is damaged in accordance with this Chapter. He will send a notification to the owner(s) designated in accordance with § 36-27 paragraph B indicating the reasons why the property is spoiled. The owner(s) of the registration have 30 days from the date the notice is sent to respond in writing with a rot control plan to remedy the rot within a reasonable period of time. “Spoiled property” is the legal term for land that is in a dilapidated, dangerous and unsightly state. Each State uses different criteria to determine whether property should be classified as spoiled. Common criteria include: If New Rochelle insists on maintaining the rot condemnation for the study area, it is advisable that they implement new remediation plans within a reasonable period of time (given IKEA`s withdrawal). Sites that have been condemned and then not rehabilitated may be due to declining property values and the fact that building permits or home renovation loans are being denied to residents of the area, due to worse conditions than when the site was originally condemned.4 However, If you do not agree with the conclusion that your property is ruined, You should contact a lawyer specializing in real estate law. A lawyer can help you determine the appropriate method to appeal the decision. If the place makes repairs to your property, you will be sued to cover their costs, and you will need an experienced lawyer to defend your case. Rot is the legal term that applies when an authority has a development or development proposal and a person with a legitimate interest in real property affected by that proposal may require the authority to acquire its interest in it at its full market value. Simply put, it`s a kind of reverse compulsive withdrawal.
The development project provides for the acquisition of land either by compulsory expropriation or voluntarily. Essentially, it is this threat of acquisition that creates the situation to which the term “rot” refers. The categories of land that may be corrupted are listed in a long list in Schedule 13 of the Planning Act 1990, which includes all types of land listed in public sector plans and documents for public works. Local authorities usually inspect the property to determine if it meets the legal criteria to be considered spoiled. The owner of the property will be found, informed and will have the opportunity to make voluntary repairs to solve the problems. If the owner does not voluntarily comply, the local authorities can solve the problem themselves and charge the owner of the property for the associated costs. Rot is different from the depreciation of property caused by public development, called a “harmful condition,” and is also different from “severance pay,” in which the value of land a claimant retains is lower due to the acquisition of other land by public funds. It is not uncommon for the layman to refer to these situations as “rot”; although it may indeed be possible for someone who is not able to claim the rot to make a successful claim for compensation under any of these conditions.
One. Notwithstanding any other provision of this chapter, a public authority or place has the power to acquire or repair damaged property within the meaning of § 36-3 within or outside a protected area or a redevelopment area by purchasing or exercising the powers of a significant area provided for in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1). and shall also have the right to hold, clear, repair, manage or dispose of such property for the purposes set out in this Chapter. In addition, the authority and the place are authorized to recover the costs of repair or alienation of this property from the owner or registered owners, which are determined in accordance with § 36-27 paragraph B. This power may be exercised only in accordance with the procedures set out in this Section. * Condemnation for the elimination of areas with intangible physical devastation, that is, areas that tend to create slums or that tend to harm or stop the healthy growth of the city, is a public goal, sanitation can be properly carried out by individuals, and the condemned area can then be properly used for non-residential purposes, and the power exercised in this manner falls under the provisions of Article XVIII Section 1 of the Constitution of the State of New York, although the area is not a slum with a noticeable physical rot. (Cannata v New York (1961, 2d Dept) 14 AD2d, 221 NYS2d 457.) H. The provisions of this section are cumulative and apply in addition to any remedy to mitigate the fight against stain fires permitted by law. G. Instead of acquiring property spoiled by the exercise of an important area and instead of exercising other powers granted in paragraphs A to H, any place may, by order, declare any property depraved within the meaning of § 36-3 a nuisance, thereby reducing the nuisance under § 15.2-900 or § 15.2-1115. Such an order will only be issued after written notice by registered mail to the owner(s) at the last known address of that owner, as set forth in current property tax assessment books or current property tax assessment documents.
If the owner does not mitigate or eliminate the harassment and the place reduces or eliminates the harassment at his own expense, the cost of eliminating or mitigating the harassment is a lien on the property, and such privilege will bear interest at the legal interest rate set out in § 6.2-301, from the day the withdrawal or reduction is completed, until the day the lien is paid. C. If the owner or registered owners do not respond within 30 days with a written plan to mitigate the rot that is acceptable to the manager of the agency, authority or place, the agency, authority or place may request the location to declare the property intact, which is done by a regulation issued by the governing body. * The factors to be taken into account in determining whether the area is “spoiled” and therefore subject to condemnation by urban renewal include aspects as diverse as land irregularities, insufficient roads, diversity of land ownership that makes it difficult to accumulate property, incompatibility of the existing combination of residential and industrial property, overcrowding, crime, lack of sanitation facilities, drainage areas for municipal services, fire hazards, traffic congestion and pollution. The condemnation of rot for the study area is currently being challenged – residents and businesses occupying the area do not believe their neighborhood is inferior or unsanitary. However, according to some definitions of rot, our location might be permissible – the irregularity of the plots, the insufficiency of roads, the diversity of land ownership with the mix of residential buildings with industry, pollution all fall within the definition of rot, and the study area has some of these characteristics. In addition, the courts have determined that all real estate in an urban renewal area does not need to be inferior for the area to be considered spoiled. (Courtesy of Sandwich Shop, Inc. v. Port of New York Authority.) 3 At that time, the applicant is not fully required to make the sale. They may withdraw their notice of defects either at any time before the High Court has determined the compensation or, if the compensation has been established, within 6 weeks of this finding, provided that the authority has not yet taken possession of the property. This gives the claimant the opportunity to resign if he or she believes that the compensation he or she is to receive is insufficient.
1 This is the definition used in the study that identified the study area as “spoiled”. 2 Michael D. Zarin, Public Purpose Doctrine in Public/Private Eminent Domain Transactions, p. 7.3 Zarin, p. 12.4 Ibid., p. 21. Notwithstanding the other provisions of this section, except as otherwise provided in Title 36, upon approval of the fire-fighting plan, the Board of Directors shall not acquire such property through a significant estate if this would result in the eviction of the person or persons living on the premises. The provisions of this subdivision do not apply to the acquisition by a place of ownership by a place that has been convicted of human habitation for more than one year.