Currently own property on a busy street in a developing area

Currently own property on a busy street in a developing area

Member since 2021 · 2 posts · 0 votes

Hi, we currently own and live in (about an acre of property) next to a busy street on an increasingly commercial developer-interest area on the west side near Goodyear long before it even had any commercial interest.

We plan on selling much higher than what residential properties would typically go for (knowing the commercial interest and demand is growing in the area).

One developer in particular even brought up the idea (and basically nonchalantly threatened, imo) that they can go to the City to take our property via eminent domain.

Now, that raises some questions. I was wondering if they could in fact take our land since the area around us is becoming increasingly developed. We were under the presumption that the government cannot use eminent domain and then transfer that property to private parties.

Are there any ideas on what we can do? We were super lucky and blessed to have chosen this property decades ago. And now that commercial interest is growing, we would like to sell into the true demand, and receive a fair price for such a good location.

Greatly appreciate your input!

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  • Member since 2021 · 2 posts · 0 votes
    5y
    Originally posted by @Erin Estes:

    Let me look into this for you.  Are you currently working with a Residential Realtor or Commercial Real Estate Agent?  Are you thinking of selling now or just at some point in the future? 

    Hi, thanks for the reply.

    Currently no residential realtor or commercial real estate agent.

    Thinking of selling whenever we have an offer that matches our asking price.

  • Eagan, MN · Member since 2018 · 32 posts · 17 votes
    5y

    I'm by no means an expert but I've been going through eminent domain proceedings the last year and have met with a few eminent domain lawyers over the years. My understanding is the developer would have to obtain city approval and prove that their plans are in the city's best interest. This can take years.. At least it did in my case. It's definitely not an overnight process. I think this developer may be trying to scare you. They likely have little to no room to do anything right now.

    As far as what you can do, I would speak with some lawyers and get their advice. Then, if things eventually go sideways, you have an attorney in mind that you can immediately retain. Before they can take your land, they will have to make you an offer in good faith, you both would attempt negotiations, and if an agreement isn't reached, it will go to court where they must prove their need to take your land through eminent domain. 

  • Realtor · Goodyear, AZ · Member since 2015 · 151 posts · 59 votes
    5y

    I’ve PM’ed you, James!

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