Residential Real EstateIs A Redevelopment Plan Threatening Your Home or Small Business?
Let"s say you own a house that is located in an older part of town. The are some businesses nearby as well as some homes. Some are abandoned, some are somewhat rundown, and some are in pretty good shape. And let"s say a new mayor is elected based on a sweeping redevelopment platform. He wants to knock down your neighborhood, and start over again with new high tech businesses, luxury condominiums, parks, and coffee bars. What can you do? What should you do?
This is not as hypothetical as it might sound. Many older communities are in need of a face lift. And the answer often involves declaring large parcels of land to be blighted and in need of redevelopment. Under such circumstances, laws in many states allow local governments to condemn several blocks at a time, thereby making large attractive parcels available to developers for redevelopment projects. People may be evicted from their homes and small businesses.
In New York, this happened on a large scale from the 1940s through the 1960s as park of that City"s "urban redevelopment" projects. It has happened all over the U.S. as well.
People are often forced out of their homes when elected officials are overcome by the redevelopment itch. And remember, the itch is often motivated by a desire to repay developers who may have contributed heavily to the campaigns that got them elected in the first place. But not always; often, it is legitimately inspired as well.
In any case, you can fight back and protect your rights. But be prepared. These are hard fights to win. If you really want to win, you need to hire a lawyer who understands redevelopment and condemnation. This means paying for a lawyer. And what that often means is uniting all of the affected people so that they can fund raise and show collective force.
Fund raising is a must. Litigation can cost several thousand dollars per month. While many homeowners could not foot that kind of bill alone, often a group of several homeowners and small businesses can afford to pay this expense. Especially if fund raising is seriously and frequently undertaken.
Often the affected neighborhoods are poorer. Which means raising money is even more difficult. The politicians often count on the inability of these neighborhoods to work together and fund an opposition. And countless times, the politicians have been proven wrong in this regard.
In addition to the lawyer, you need press attention. As much as possible. If the elected officials are misbehaving, let the cockroach factor take effect. Cockroaches and misbehaving politicians work best when the lights are turned off. When the lights are on, they both scatter for cover. Talking to the press keeps the lights on bad dealings.
As to the law, usually large scale redevelopment that involves the condemnation of homes and businesses requires a showing that the project will benefit the public and that it will promote the public good. If, for example, the community that is being disbanded is a functional, self sustaining, hard working community that merely suffers some eyesore, you may be able to argue that the government lacks the authority to condemn the houses for redevelopment.
Also, there is a question of who will truly benefit from the project. Is it the community at large? Or is it really a politically active developer? If it"s the latter, and you can prove that the project really makes little sense, you may be able to block or modify the government"s plan.
Two things to note. First, many, many redevelopment projects are perfectly legal and appropriate. And many are inspired by wonderful elected officials.
Second, if you are forced to leave, make sure that a lawyer reviews the municipal proposal to ensure that it is fair enough. The proposal must compensate you for what the government is taking, and as well cover all related costs.