Strange question-- not sure how to put this

[InchByInch]

Hey everyone, as the title says, I'm not sure how to word this, but-- I've read before that the state can conceivably come in and take your land from you (they pay you for it, but you have no say in the matter) for whatever reason. Is this true? And are there any states where that is illegal?

Also, are there any other 'hidden' risks like this to land-buying that I need to be aware of-- and if so, how can I avoid or lessen them?

DH and I will be buying land in about 18 months, to build an off-the-grid home, and want this to be the last move of our lives. Also don't want to do all the work of off-gridding just to lose it later. That's why I ask all this! Thanks in advance.

[MamaMonica]

You may be thinking of eminent domain.

[Hedgehog Mtn]

Sounds like eminent domain to me too.

I know for sure it can be done on state and federal levels...I'd guess it can be done on town or county levels too.

Personally the times I've known of it happening were the bypass they put in the town next door to us, houses were taken and the state highway bypass was put in to make the highway no longer run down main st. (Not sure if the town took the land or the state because it was a state rd but I know the owners got together and fought hard against it with no luck).

The latest example off the top of my head on a federal level is the memorial in PA where the 9/11 plane crashed, family farms that are generations old are being taken to turn the area into a memorial. I haven't keep up lately on this one but I know there was a group organizing to try and stop it.

I think the pps link will explain it better but basically from when I've seen it applied they pay you "market value" for what they are taking and I've never seen anyone successfully fight it off.

[kdabbler]

Sounds like eminent domain to me too.

I'm in New England. Recent headlines was from a case in Connecticut, in a city, not out in the country. It can happen anywhere.

Examples:
Kelo vs. City of New London (CT)

Lakewood, OH on 60 Minutes

Just Google "eminent domain". You'll even get links to HUD and how it's okay for local or federal government to come in and do it so long as they provide market rate compensation.

It is disturbing. But it shouldn't keep you from buying property anywhere. To do so would be given in to the fear of what if? It would keep us from buying cars, going on airplanes, lighting stoves... The best you can do is to do your homework first before buying.

[BookGoddess]

Originally Posted by InchByInch

Hey everyone, as the title says, I'm not sure how to word this, but-- I've read before that the state can conceivably come in and take your land from you (they pay you for it, but you have no say in the matter) for whatever reason. Is this true? And are there any states where that is illegal?

Also, are there any other 'hidden' risks like this to land-buying that I need to be aware of-- and if so, how can I avoid or lessen them?

DH and I will be buying land in about 18 months, to build an off-the-grid home, and want this to be the last move of our lives. Also don't want to do all the work of off-gridding just to lose it later. That's why I ask all this! Thanks in advance.

It is eminent domain. It's legal so long as they give you just compensation (fair market value for your property) and they're taking the land for a public purpose. There's really no way to fight it. But honestly don't let that stop you from buying land and living there. Local and federal governments don't exercise their power of eminent domain all that often. It's quite rare. And anyone's property could be effected by eminent domain not just those in very rural areas.

[InchByInch]

Thanks, everybody. It's not very cheering, but that's exactly the info I was looking for!

[BeagleMommy]

Something else you need to be aware of is mineral rights. In my area, (Kentucky) mineral rights are severed from the property you buy so in my case, a coal company can mine coal under my house and I am not legally able to buy subsidence insurance to protect myself. So, as it looks now, my property that I bought last year, is likely to be undermined in the next five years. I won't benefit financially since I am only the land owner and not the mineral owner and my home may be damaged. Since I can't buy insurance against this, my only course of action will be to hire a lawyer and sue the coal company. Cheery thought, huh?

I have also heard that out west, you don't own water that crosses your property. For example, if a creek runs through your property and you want to use the water to water your garden, you can't. In some areas, it's even illegal to collect rainwater off your roof because the state owns that, too. At least this is what my friends from Colorado have said.
Maybe someone from out west could verify this.

[MamaMonica]

Originally Posted by BeagleMommy

I have also heard that out west, you don't own water that crosses your property. For example, if a creek runs through your property and you want to use the water to water your garden, you can't. In some areas, it's even illegal to collect rainwater off your roof because the state owns that, too. At least this is what my friends from Colorado have said.
Maybe someone from out west could verify this.

Yes, it's illegal to have rain barrels out here and collect water off your roof. Many people don't know about the law because they used to promote rainbarrels.

[InchByInch]

Originally Posted by BeagleMommy

Something else you need to be aware of is mineral rights. In my area, (Kentucky) mineral rights are severed from the property you buy so in my case, a coal company can mine coal under my house and I am not legally able to buy subsidence insurance to protect myself.

Originally Posted by MamaMonica

Yes, it's illegal to have rain barrels out here and collect water off your roof. Many people don't know about the law because they used to promote rainbarrels.

Whoa! Okay, this is exactly the kind of stuff I need to know. Kentucky was actually in our top ten states to consider, but your post has us reconsidering. And is it just Colorado that "owns" the rainwater, or do more western states agree with that idea?

[thixle]

Originally Posted by InchByInch

Whoa! Okay, this is exactly the kind of stuff I need to know. Kentucky was actually in our top ten states to consider, but your post has us reconsidering.

Only a few counties in east KY... west KY doesn't have much mining.

[BeagleMommy]

I'm actually in the western Kentucky coal field. The local coal industry is having another boom period. Mines are hiring and expanding. That said, I'm very happy with our homestead here. The laws are pretty good compared to nearby states generally as far as homeschooling, vax exemption, etc. Midwifery is another story altogether. . .

Tennessee is noteworthy in that they have no state income tax.

[Juvysen]

In our area, at least, sometimes mineral rights come with the property, sometimes the previous owner (or whoever) decides to keep the mineral rights. Which is obnoxious at best...