Situations in Maine real estate happen and the term for the greater good, the benefit of many is batted around.
Or dum de dum dum... the big gun eminent domain Gatling gets brought out into daylight. For a little shock and awe Sabre rattling.
Does the Maine property owner, the land that is under everything have to be a party, be involved?
That Maine land you own that Uncle Sam needs can get bought outright for just compensation consideration.
Maybe with a partial release of the existing real estate mortgage holder who is not going to just roll over and just sign off, go along.
And what exactly is the magic number to satisfy everyone when it does not happen everyday?
Or how to arrive, end up with a compromise where no one is truly hand stand happy.
But can both in the Maine land easement dispute claim victory of sorts in some element of the final solution that is one sticky, won't go away situation.
Making an annuity where Uncle Sam or local, state government pays a monthly or annual fee for what's needed.
That's missing and could be taken by eminent domain. And how much does the "taking", exchange, transfer or loss of property rights affect the Maine real estate that is left? No buyer of Maine real estate is going to pay as much for a property with an encroachment, loss of use restriction on the total enjoyment, utility of a property. When other property listings of Maine real estate are available that don't have the impediment, limitation.
Right of ways, easements on Maine real estate don't enhance the value usually unless they add utility, expanded enjoyment to the grantor, the property owner that is asked to convey them.
And what neighbors want, other not in my back yard NIMBY's think is fair, just, proper. It's what lets you sleep at night.
What does or does not "stick in your craw".
The taste whether bitter, sweet or bland in between left in your mouth when the government taps you on the shoulder and wants to make you a party to a problem that's come up.
And you may be the quickest, easiest, cost effective way to provide the missing problem puzzle piece.
To exercise the power of eminent domain, the government must prove that the four elements set forth in the Fifth Amendment are present: (1) private property (2) must be taken (3) for public use (4) and with just compensation.
We run in to discontinued public right of ways, abandoned town roads and easements that are in place, or not to access hidden, remote, back forty type woodlot, recreational property.
Mostly in our Maine real estate day to day do I have a right of way or not is the legal question.
And even if I do, is there a madder than a red hen neighbor barring use of it?
Fencing, gating, barricading the road to challenge the access. Most buyers of Maine property, land decide to say pass.
They Maine real estate property land buyer does not own a helicopter or know how to poll vault for access.
And ask what else do you have because they don't like drama, legal intrigue. And had that where they live in more populated areas now. Just trying to get some peace and quiet, to relax in serene, untroubled surroundings that Maine is some kinda famous for. More on Maine right of way easements.
Maine, find your story starts here. Come for a day, stay a lifetime.