What Can Cause A House To Be Condemned?
- Joe Thomas
What might lead to a home’s condemnation?
- Infrastructure failure.
- Weather-related structural destruction.
- Unsanitary circumstances of life.
- Black mold is present.
- Termite damage.
- Unsafe construction materials
- Water and fire damage.
How can one become condemned?
Why Would a Residence Be Condemned? Typically, a house is condemned due to persistent housing code infractions concerning the structure’s safety. After a given period of time, an abandoned home may constitute a safety issue. However, abandoned properties do not always result in their condemnation.
- When a homeowner decides to modify a home, an inspector may subsequently discover one or more major infractions.
- Permits may be missing or incorrectly displayed.
- It may not be up to code, or an inspector could judge the circumstances hazardous.
- There are further causes of property condemnation.
- Some homes are deemed unfit for habitation owing to unsanitary living conditions.
This might occur if the plumbing is broken or if the residence is allowed to get so cluttered that it attracts pests. In addition to the presence of black mold and major structural damage, houses may be deemed unfit for habitation if they have been afflicted by either condition.
The Arkansas and United States Constitutions allows eminent domain, which is the taking of private property for public use as long as reasonable compensation is provided to the owner, the taking is authorized by law, and procedural due process is observed.
Eminent domain can be used to acquire land for public uses, including improvement districts, electric power lines, natural-gas pipelines, irrigation and drainage corporations, cemeteries, roads, bridges, and dams, as well as state schools and universities. The majority of the case law on eminent domain, including Pfeifer v.
City of Little Rock, a 2001 Arkansas case, and Kelo v. City of New London, Connecticut, a 2005 U.S. Supreme Court case, resulted from the interpretation of the term “public purpose”; these cases provided significant clarification in the law of eminent domain.
The 2005 Kelo case involves the condemnation of blighted and nonblighted homes. The federal court in Kelo determined that all the condemned properties were included in a comprehensive rehabilitation plan. Consequently, they were all sentenced for “public purposes.” In the Arkansas Pfeifer case, some of the properties to be acquired were not to be utilized for the public purpose of the William J.
Clinton Presidential Center and Park, but the general aim was to build a complete design for a park that included the presidential library. This proposal demonstrated a public purpose. The Arkansas General Assembly may transfer the authority of eminent domain to private entities with a public interest, such as public utilities, subject to the same restrictions.
- In addition to public utilities, the authority can be assigned to municipal and educational authorities.
- In the Pfeifer case, the city utilized eminent domain to purchase land for the Clinton Presidential Library, albeit the condemning authority referred to it as a “park,” since the legislative power for park acquisitions was more explicit.
These bodies may also be granted taxation authority, such as for improvement district assessments. Private property may not be taken for private reasons, that is, for the advantage of certain individuals as opposed to the broader public. For instance, abandoned homes may be condemned and renovated, sold, or demolished without a specific buyer in mind.
The Supreme Court has ruled that accessing a single private property is not a “public purpose.” Furthermore, it is not required that the confiscated property be utilized by the public. The law of Arkansas is compatible with the Kelo judgment, albeit the pertinent instances are very fact-specific and should be interpreted as such.
In 2015, the Arkansas General Assembly reiterated and amended the criteria for the “procedural due process” portion of the eminent domain procedure by include a “bill of rights” for property owners. The bill of rights stipulates, among other obligations, that a condemning authority must provide a property owner with an estimate of the compensation that would likely be owed for the property while it is being considered for condemnation.
Before initiating suit, the authority must make a good faith offer to the owner. The owner can employ either an appraiser or a real estate agent, planner, or investor to aid in negotiations or litigation. Such expenses may be included in the owner’s cost recovery if it is decided that the owner’s reasonable recompense surpasses the condemning authority’s initial offer by twenty percent.
Valuations are an integral aspect of the condemnation procedure, serving as the foundation for determining whether the compensation provided is “fair.” Generally, when a condemning authority files an eminent domain lawsuit, title and ownership of the property are promptly transferred to the condemning authority if it deposits with the court an amount equal to the property’s appraised worth.
The 2015 amendments to the legislation are anticipated to have the effect of pressuring condemning authorities to bargain sooner and more precisely in the eminent domain process, making proposals they are ready to stand by early on. There is no matching obligation imposed on owners to counteroffer in good faith.
In addition, permitting estimates from non-appraisers may lower the expenses associated with a seller’s counteroffer. In addition, the amendments will enlarge the pool of prospective value witnesses accessible to a property owner, but will not address the weight of their evidence.
- Whether intended or not, the final effect of the amendments may be favorable to property owners.
- For further information, please contact Ashley, Dot Cox Coston.
- The Personal Cost Property Owners Paid for the Good of the County During World War II.
- Ouachita County Historical Quarterly, Volume 37, Winter 2005, Pages 24–30.
Crouch, Ilisa. The courts allow LR to acquire land for the Clinton Library. Arkansas Democrat-Gazette, November 2, 2001, pp.1A, 6A. House Resolution 1870 of 2015 Arkansas State Legislature. http://www.arkleg.state.ar.us/assembly/2015/2015R/Bills/HB1870.pdf (accessed November 23, 2020).
- Accessed November 23, 2020).
- Musa, Aziza.
- Land Seizure by Utility Headed to Appeals Court.” Arkansas Democrat-Gazette, February 26, 2015, pp.1B, 8B.
- The case is Pfeiffer III v.
- City of Little Rock.
- Http://caselaw.findlaw.com/ar-supreme-court/1125992.html (retrieved on November 23, 2020) W.
Christopher Barrier Mitchell, Williams, Selig, Gates, and Woodyard, LLP Updated last on November 23, 2020
What occurs when a structure gets condemned?
Characteristics – In the majority of cities, condemned properties are often structures that are so severely decrepit, damaged, or degraded that they are at risk of collapsing or becoming an eyesore or. In addition to being fire or health dangers, these structures may also be plagued with mice or vermin and lack essential amenities such as water, power, and heat.
The municipal authority has judged a condemned structure dangerous for habitation. Any residents of the property must vacate the premises within a specified timeframe, often 30 days. Before local governing authorities will allow individuals to move back into a condemned structure, the building’s problems must be resolved.
Can a condemned home be sold in Pennsylvania?
The brief answer is “yes.” Yes, it is possible to sell a condemned home.
Definition of sentence/condemn to death : to officially order (someone) to be killed as punishment for a crime The jury quickly convicted her and sentenced/condemned her to death. —often used as (be) sentenced/condemned She was convicted of murder and sentenced/condemned to death.