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murlon · Apr 12, 2008, 11:42 AM

If a governmental agency, i.e. falsley asserts claim on private property, can compensation be obtained through the courts? Example, Board of County Commsioners claims property, finally cleared by quiet title after 2 years. Can the compensation be the interest on the value of property, 8% x million dollars(value of land), plus decline in value of land?

Fr_Chuck · Apr 12, 2008, 01:07 PM

I could see suit for legal costs, what are you physcial losses that would be the base for the interest rate?

murlon · Apr 12, 2008, 11:21 PM

The basis would be: The property has been tied up because of the frivolous claim on the land, which has prevented sale. I was unable to get clear title until filing a quiet title action. Therefore the cost of financing the land; million dollars at 8 % per year, plus the decline in real estate price in last year or so, was real money lost. Thanks

JudyKayTee · Apr 13, 2008, 08:53 AM

Originally Posted by murlon

The basis would be: The property has been tied up because of the frivolous claim on the land, which has prevented sale. I was unable to get clear title until filing a quiet title action. Therefore the cost of financing the land; million dollars at 8 % per year, plus the decline in real estate price in last year or so, was real money lost. Thanks

If you can prove you had a buyer or a prospective buyer or were seriously planning to sell, sure, I think you have a lawsuit.

I think the burden of proof COULD be overwhelming, though.

murlon · Apr 13, 2008, 09:16 AM

The burden of proof is documented: Title company will not provide title insurance while "claim" is active.(Soon to be overcome in court) Loss of one contract, several written statements of, 1. "willing" to purchase, 2. could not purchase---- because of "claim". This was an investment property that was advertised before claim by County Commisioners came forward and was published in paper. Thanks

JudyKayTee · Apr 13, 2008, 10:42 AM

Originally Posted by murlon

The burden of proof is documented: Title company will not provide title insurance while "claim" is active.(Soon to be overcome in court) Loss of one contract, several written statements of, 1. "willing" to purchase, 2. could not purchase---- because of "claim". This was an investment property that was advertised before claim by County Commisioners came forward and was published in paper. Thanks

Wow - sounds good - no, better than good, to me.

murlon · Apr 13, 2008, 10:51 AM

Thanks for the help-- I am going for it----------