Members: 112,881 - 2,979 Online Now
 

I had a Real Estate Agent in Solano County today, ask me if title insurance would protect her from eminent domain?  I have never encountered this question in my many years of experience.  So being intrigued, I was just wondering, has anyone lost property in this manner or know someone who has?  It is a rare occurrence. 


                                 

There are a lot of websites that give definitions, and discuss the nature of Eminent Domain,  but it seems that there are no recorded cases where a homeowner fought the City, County, or State Government for the rights to their home, land or property.  If you have any information regarding this topic, we'd love to hear from you.  |

From a title perspective, I don't think the title policy would cover this type of scenario, but Ill have to leave the answer to this question up to my title department. :-)

 
Post is included in group: Solano County Realtors

5 Comments on Eminent Domain

title insurance will protect your client if the prooperty has been taken or allocated to be taken but didn't get picked up by the abstractor (although it would seem to me that someone, under those circumstances, forgot to tell the buyer their land was being taken), but it won't protect future takings decided on subsequently

02/26/2007 04:52 AM by Blue Realty GMAC Real Estate Services


That's correct it will protect against past happening but any future taking by the government.

02/26/2007 05:32 AM by James Gordon REALTORĀ® PBD SRS (Sibcy Cline RealtorsĀ®)


After checking with our legal and state underwriting department, the question has been answered.  It is a case by case whereas the property can be taken (at a price) by the city or government for road expansion, development of land etc.  I found this link from expert law that was useful to my client.  Hopefully this will help others to understand eminent domain.  I wonder if one day, realtors will have to disclose this in a contract.  Buyers can never be promised this won't happen to them.  Pretty rare, but it does happen.  The Agent in my area  has already experienced this.  Here is the link to expertlaw.com

http://www.expertlaw.com/library/real_estate/eminent_domain.html

 

03/04/2007 02:10 AM by Brad Andersohn ~ Community Builder (ActiveRain)


Thanks Charles and James for your comments and confirmations.

04/13/2007 05:01 PM by Brad Andersohn ~ Community Builder (ActiveRain)


Leave a response…

Name:
Notify me of new comments:
Comment:
What does the graphic say?
 
Real Estate - Other: Brad Andersohn ~ Community Builder (ActiveRain)
Brad Andersohn ~ Community Builder
Fairfield, CA
More about me…
ActiveRain

Office Phone: (707) 718-6773
Email Me
Enter your Email


Preview

Making A Difference
"One Voice at a Time"

*THIS WEEKS TIP*
"When Adding Associates, Don't Forget To Leave A Comment!"

UPCOMING EVENTS

The REBarCamp Oct. 22 - Texas

The NAR Conv. Nov 7-9 Florida

"VOICES IN THE RAIN"

BLOG VISITORS

Locations of visitors to this page

web tracker

Top Real Estate blogs
Real Estate
Top Blogs
TopOfBlogs
Real Estate Blogs - Blog Top Sites
Clicky Web Analytics

TwitterCounter for @BradAndersohn

In Honor of Karen George

Page copy protected against web site content infringement by Copyscape

AddThis Feed Button

TeChNoLoGy MaKiNg YoU mEnTaL?



Links

Archives

RSS 2.0 Feed for this blog
ATOM 1.0 Feed for this blog

Find CA real estate agents and Fairfield real estate here on ActiveRain.
Disclaimer: ActiveRain Corp. does not necessarily endorse the real estate agents, loan officers and brokers listed on this site. These real estate profiles, blogs and blog entries are provided here as a courtesy to our visitors to help them make an informed decision when buying or selling a house. ActiveRain Corp. takes no responsibility for the content in these profiles, that are written by the members of this community.
© 2007 ActiveRain Corp. All Rights Reserved