Pond Boss
Posted By: catmandoo Losing it all to a new power line - 11/21/09 02:38 PM
Fifteen days ago we were informed that our entire property will be taken for a new three-quarter million volt power line ( PATH). There really isn't an alternative. We already have a half-million volt line the length of our western property boundary. It goes over the pond. If they don't take our property, they would take the adjacent property to the east of us, which would sandwich us between the two major power lines. It would devastate the value of our property.

We don't know how to value much of what we have. If I just start with the pond -- how do we value the fish? Yesterday was our second meeting, but our first "walk-about" with their negotiator. I brought a can of fish pellets down to the pond. Not a single fish came up for a nibble when I threw the food in. It was like having an empty pond. If our fish were prize dogs, cats, or even cattle, I'd have a place to start. I figure I'm only about 3/4 inches away from a state record for bluegill. I have many hundreds of hours restoring and balancing this old pond.

Our 25 acres has three additional sites for ponds. We have the right soil, water, and topography. After PB-III, and listening to Dave Sefton and Mike Otto, Lynda was convinced that we should start at least one new pond in the springtime. Finding the right replacement land won't be easy.

Just in the last two years we've added over a $100,000 in improvements. We are very worried about the fair market value right now due to the economy. We fear that an appraisal could be more than $250,000 under what we have invested. The last time it was appraised, it was about $200,000 under. My 2000 sq. ft. workshop, which is drywalled, heated, and has full electric, was valued as an "outbuilding" with "No Commercial Value (NCV)".

The project is currently tied up in the courts of West Virginia, Virginia, and Maryland, and probably will not be settled until at least January 2011. They want an option-to-purchase now. It puts our lives on hold for that time. We've been planning on retirement in about three years. All of our improvements have been towards retirement -- even our simple improvements like fruit trees, berries, asparagus, etc. These, and thousands of flower bulbs, will just be lost.

I know a few Pond Bosses have lost their properties to similar projects in recent years. I'd sure like to hear from anybody with this experience.

Any insight and advice would be greatly appreciated.

Ken and Lynda
Posted By: TOM G Re: Losing it all to a new power line - 11/21/09 02:50 PM
Ken,I am so sorry to hear this.You have my deepest sympathy.Perhaps you should try a tact other than apprasial value,maybe replacment instead.
Posted By: Theo Gallus Re: Losing it all to a new power line - 11/21/09 03:14 PM
First, I am sorry to hear this, Ken.

Second, a pond load of big fish could be quite valuable. If I were you, I would strongly consider getting professional evaluations of everything valuable on the property to ensure you get fair compensation for all of it. It might be worth a professional electrofish sampling to put a dollar value on the fish in the pond; certainly worth talking with a pro like Grimes, Lusk, etc. and telling what you know of the size and numbers of fish in the pond, getting a very rough estimate of their value, and making the decision whether or not to electrofish and get a hard dollar value to use for compensation purposes.

We got a professional, retroactive evaluation of what the timber value on our property had been at the time of acquisition when we had our place logged a few years ago. The result was quite valuable from a tax perspective, and if the IRS will follow a forester's professional estimate, you should be able to get as much value out of a professional fish squeezer's evaluation on your fish value.
Posted By: TheMoMule Re: Losing it all to a new power line - 11/21/09 03:19 PM
Sorry to hear about your situation. Like some others on this site, I am an attorney and have some familiarity with this situation. What I suggest is getting individual valuations for your improvements (e.g., the pond, outbuilding, etc.). Then, hire an appraiser for the entire property that will defer to (or at least give consideration to) those individual improvement valuations. Many times, appraisers are willing to put in their appraisal that they relied on a valuation by a "specialist" in the particular asset. Usually, the utility company in your situation is willing to tolerate some "over-pricing" in the appraisal for the certainty of being able to acquire a needed property. .
Posted By: jeffhasapond Re: Losing it all to a new power line - 11/21/09 03:25 PM
Ken,
Run do not walk to an attorney. I say this not because you need to engage in a drawn out legal battle but because you need strong legal council on your side. Find a firm that specializes in this area of law (real estate and most importantly eminent domain law).

I had a rental property taken by the California Department of Transportation through eminent domain. The bad news, it was a very trying time, it was an emotional roller coaster, and in the end I had to give up the property (in my battle I knew that would ultimately be the end result). The goods news is that when the dust settled we received about 10% above what the current market value of the property was, there were absolutely no selling expenses borne by me, they paid all of the escrow costs and we had a check literally one week after the deal was signed. The deal literally became: Agreed upon price minus outstanding mortgage = check to JHAP.

I am sorry to hear this is happening to you Ken. The brutal truth is that you are in for a rough ride but hopefully it will lead you on to a path you were meant to follow, and hopefully you will get a fair price for your property.

+1 on the specialist appraisal. It's difficult to refute a specialist.

Please, please contact a good attorney.

Also have your CPA review the rules for a "Section 1033 Exchange." (please note I referenced code section 1033 not 1031).
Posted By: eddie_walker Re: Losing it all to a new power line - 11/21/09 03:58 PM
Sorry to hear about this happening to you and what you will be going through.

A good friend of mine had his place taken by eminent domain in CA to expand the size and access of a park. It had been an ongoing process where the bought out neighboring property owners until he was the only one left. He refused to sell, so they started harrassing him and tried to shut down his easments. He won every battle, but they only have to win one time.

When they took the land, they offered ten grand an acre. That was more then he paid for it, but land down the canyon from him had just sold for $100,000 an acre. That was a very good comp, but because he was surround by park land and required an easement to access his land, they said the comp wasn't any good. He hired a lawyer who had allot of experience in this and in the end, got $30,000 an acre.

All that matters is that you get as much as possible so you can go into the hunt for a replacement property with the funds to by what you want. The economy is going to get worse, so the longer you hold out on the appraisal value, the less your land will be worth. That's just my opinion, but unless there's a big improvement in the job numbers, nobody is going to have the money to buy and as a result, property values will continue to drop. The good news is that after you sell, you will be in a strong buying position!!!!

When hiring a lawyer, be sure to talk to at least five. The biggest mistake people make when hiring anybody is to hire the first or second one they talk to. Make it a point to have a list of names before you talk to any of them. Then promise yourself that you will not hire any of them until you have talked to all of them. Some are very good salesman, others are very likable and make you feel like a friend. What you want is one that's good at what he does, and is better then all the others. He/She may or may not be a nice person, but if they get results, that's all that matters.

Good luck,
Eddie
Posted By: Cecil Baird1 Re: Losing it all to a new power line - 11/21/09 04:28 PM
Wow Ken I'm really sorry to hear this. I've often wondered if this could happen to me as I'm close to a state highway, and if they wanted to widen it, if they choose to do so on my side the pond will have to go. It would be easier to do so on the opposite side which is a farm but who knows how these people think.


We're supposed to live in a free country. Sometimes I just don't know about that. \:\(

I hope it all works out for you, and could even be a blessing in the end if with this being a buyer's market you could find a dream property at a steal. Buy one of those closed trout farms with a pond already on it! Or a property that has an artesian well where you could have trout year around along with your other warmer water species. Flow water from the trout pond into another pond that is bigger and stays warmer which is what I used to do.

Posted By: Dwight Re: Losing it all to a new power line - 11/21/09 05:04 PM
I can't imagine the mental process one would go through to deal with a shock and awe event such as this. Anger, fear, sadness, a lot like losing your best friend.

I have nothing profound to say, but all the advice given so far sounds like good advice to me.

Thanks for sharing this with us and be assured that you are in our thoughts and prayers.
hi ken, i can only offer what dwight said so well. oh and p.s. if you ever get to sacramento again, please pm me, i'm only an hour or maybe a little less from downtown and would be honored to have you visit.
Ken I can't add anything to the good advice given here, but I hope you and your wife come out of this bad situation with positive results, Good Luck.
Posted By: esshup Re: Losing it all to a new power line - 11/21/09 09:56 PM
KEn:

I'm at a loss for words. I really can't imagine working hard for so long then have this cloud hanging over your head. I agree, consult a bunch of attorney's ASAP. Be pro-active rather than reactive. Get everything valued, even the orchard. What would it cost to replace those trees today at the size that they are, etc.
Posted By: rmedgar Re: Losing it all to a new power line - 11/21/09 10:04 PM
Hi Ken, so sorry to hear this news. You've gotten some good advise so far. In previous real estate dealings, when I have needed some help in evaluation of a properties' value, I have used an "expert witness". These individuals are well respected in their field of expertise and very helpful. Of course they do cost money, but they are worth it, because they are on your side, and being paid by you.
Quite often the other side will do the same thing, so it might be best to get an attorney and let him get the best "expert" on your side before your opposition does.
Best of luck, Randy
Posted By: ewest Re: Losing it all to a new power line - 11/22/09 01:59 AM
Ken the posts above have good advice. There are ways to fight ED but they are usually not successful except as to getting the value up. Let me know if you want to talk.
Posted By: Dave Davidson1 Re: Losing it all to a new power line - 11/22/09 02:12 AM
Ken, good advice given above. Try to get your head straight and think of those times when you have said "If I had it all to do over....".

Best of luck Buddy.
Posted By: Bob Lusk Re: Losing it all to a new power line - 11/22/09 02:31 AM
Ken, let's talk. I can help.
Posted By: DJT Re: Losing it all to a new power line - 11/22/09 04:30 AM
It's a shame when this happens. I can't imagine if someone told me I had to move like it or not. This happened to my uncle about 15 years ago when they turned the 2 lane in front of his house into a 4 lane. He built a new home about 75 yards behind where the old one stood that the state demolished. The state has recently proposed building a new connecting highway to the 4 lane and it may happen to him again!

I hope things work out for you Ken.
Posted By: george1 Re: Losing it all to a new power line - 11/22/09 12:34 PM
Ken, I believe I know you well enough to know that you will close this chapter of your life with a positive attitude and move on. More doors of opportuity will open than you can ever imagine.

Sometimes life kicks us in the butt, but we would never achieve the wondeful blessings of life without a painful nudge now and then.
Good luck and God Bless.
Posted By: catmandoo Re: Losing it all to a new power line - 11/22/09 01:48 PM
Thanks all. George, you are absolutely right. Although this is like a tremendous kick in the butt, Lynda and I usually do look at these things with optimism. We've done a lot of crazy things together in the last 34 years, and we're still enjoying it.

We feel extremely fortunate to have so many good friends, here at Pond Boss, and in the local community. The community went to work within minutes of us announcing this after church two weeks ago. We feel we'll end up with a great new home. Besides the people, one of the wonderful things about this area is the abundance of springs and artesian wells. The land is mostly clay, so it doesn't perc very well. What more could a pond meister ask for?

Fighting this has never been an option in our minds. Through all of our convoluted friendships, it looks like things are already coming together legally, financially, etc. Even as Theo mentioned, we need to look at the timber. We've got lots of very high quality 90 year-old oak and hickory on the property.

We just know we've got a lot ahead of us. We'll keep you all informed of progress.

Ken and Lynda

P.S. D.I.E.D -- On my recent trip to Sacramento they had us captive on the Delta King in Old Sacramento. We had meetings from 7:00 AM to 10:00 PM. It appears that I'm going to be transferred, for reporting purposes, to a new boss in Sacramento as of January 1. So, I'll probably be making lots of trips. I already know I'll be there January 13 through the 15th.
Posted By: ewest Re: Losing it all to a new power line - 11/22/09 02:14 PM
Ken the assertive threat of fighting this should help get the price up. I know of one case here where the state wanted to pay based on farm value plus a little and the landowner wanted subdivision development value. The landowner was successful and got about 3 times what the state had offered.
Posted By: Sunil Re: Losing it all to a new power line - 11/22/09 02:56 PM
So sorry to hear about this Ken.

Sounds like you've gotten your head around this thing.

Is it Dominion's line?
Posted By: catmandoo Re: Losing it all to a new power line - 11/22/09 04:18 PM
 Originally Posted By: ewest
Ken the assertive threat of fighting this should help get the price up. I know of one case here where the state wanted to pay based on farm value plus a little and the landowner wanted subdivision development value. The landowner was successful and got about 3 times what the state had offered.


Eric -- That is kind of where we are headed. We are the only significant place they have to buy out over several miles. All the rest are just easements through forest or pastures.

Sunil -- The line that already goes through our property is Dominion. This is how they define the new line:
 Quote:
The Potomac-Appalachian Transmission Highline (PATH) is a joint venture of American Electric Power (AEP) and Allegheny Energy to build a new high-voltage interstate transmission line.


At the same time, there is another power line going through real close to us. It is by Allegheny power, and known as the Trans-Allegheny Interstate Line (TrAIL). It is a lot more controversial, especially since one of the farms they are trying to cross is Robert Duvall's. He has been one of the leading opponents. I just don't have quite as much money or clout as he does.

Ken
Posted By: Ack Re: Losing it all to a new power line - 11/22/09 04:20 PM
Wow, I'm so sorry that you're going through this. It has to be so hard to lose a property that you've put so much time, money, and energy into with the thought that your family could enjoy the fruits of your labor for generations to come. It's great that you're keeping a positive attitude.

I recommend that you check out the Castle Coalition, an organization that works to fight eminent domain abuse. Check out their website, particularly the "Survival Guide" part. http://www.castlecoalition.org/

It sounds like you're resigned to losing your property and just working to get fair compensation for it. Even though the Castle Coalition focuses more on helping people fight to keep their property, they most likely have the right resources and connections to help you fight for a fair valuation as well.

Good luck, and keep your head up!
Posted By: Theo Gallus Re: Losing it all to a new power line - 11/22/09 05:13 PM
 Originally Posted By: catmandoo
It is a lot more controversial, especially since one of the farms they are trying to cross is Robert Duvall's. He has been one of the leading opponents. I just don't have quite as much money or clout as he does.

You DO have more hair!
before yer next trip, feel free to pm me ken, it would be fun to work out a visit if you can escape for a bit. late winter and early spring is by far the prettiest time of year to see the foothills..
Posted By: Mark Brown Re: Losing it all to a new power line - 11/23/09 05:47 PM
Ken,

I am not sure about WV but the fight is on in Loudon County, VA and MD to stop this PATH power line. There was some reason for optimism reported in the Post this weekend. There are some very powerful forces fighting the terminus of the line in Kemptown, MD. We were able to prevail earlier this year and stop a similar line from crossing through some of the most scenic countryside in VA.

I don't know if WV will OK the line if it's terminus in MD is defeated or the route is denied by the State Corp. Commission here in VA. WV is a stooge for natural resource companies but maybe if we can defeat the line here it will become a mute point.

In any event, fight hard for your rights and hope for the best. Your situation is tragic. My condolences to you and your wife.
Posted By: catmandoo Re: Losing it all to a new power line - 11/24/09 01:38 AM
I hardly know where to start. I want to thank everyone who has e-mailed, PMed, and posted. It takes people like all of you to understand the passion we all feel for our land. Many people I work with can't quite comprehend. They live in homes or condos in the city, and they grew up that way. They hear gunshots in the neighborhood, and they dial 911. We hear gunshots in the neighborhood, and we think -- I hope Charlie got the 40-point buck.

Theo -- as for hair. Saying that I have more hair than Robert Duvall is really cutting it close. I think the difference only depends up how many hours either of us has been away from the clipper.

As Mark mentioned above, there were several local articles about the hearings last Thursday night. I arrived to a pile of newspapers on my desk at work this morning. And, as ACK mentioned, there are groups who can help fight it.

Even as a young man, I mostly knew what fights to pick, and which to walk away from.

I don't believe it is a winnable fight. As long as the population of the mid-Atlantic states continues to surge, infrastructure will win at all costs. The new powerline to cross my property will provide coal-fired electricity from lower-central WV to people in northern New Jersey. I don't like any part of it, I believe there are far better alternatives, but it is what it is.

Fights and delays will only prolong my agony.

All ideas and opinions are greatly appreciated. All I ask is that it not get political, mean, or disrespectful.

Thanks all,
Ken
Posted By: Sunil Re: Losing it all to a new power line - 11/24/09 01:50 AM
Ken said: "I don't believe it is a winnable fight."


I disagree. You just have to redefine "winnable."

Getting the most money you can for your property is now a "win" because, as you say, they're going to take the land.
Posted By: esshup Re: Losing it all to a new power line - 11/24/09 01:52 AM
 Originally Posted By: Sunil
Ken said: "I don't believe it is a winnable fight."


I disagree. You just have to redefine "winnable."

Getting the most money you can for your property is now a "win" because, as you say, they're going to take the land.


Well said!
Posted By: Al Davison Re: Losing it all to a new power line - 11/24/09 02:04 AM
Just wanted to add my sympathies and best wishes to what everyone else has said.

I don't know if it's possible but, just maybe there could be a clause that says you get the property back if they don't go through with the power line plan. Stranger things have happened...

All the best!

Al
Posted By: Russ Re: Losing it all to a new power line - 11/24/09 02:38 AM
Ken

Can't offer much in the way of advice other than to take Eric up on his offer to talk. No matter the outcome, I hope it is equitable for all involved.

To try and lighten things up a bit, perhaps you could team up with Duvall. The next generation Butch and Sundance. With enough Hollyweird makeup magic maybe we could have Sunil take on Katherine Ross' part.

Russ
Posted By: catmandoo Re: Losing it all to a new power line - 11/24/09 02:41 AM
All great comments since my last post.

Sunil -- we are banking on getting the best deal we can get. We are lining up the best assistance we can find.

Al D -- I believe they are currently delaying. But, the current description says that upon ratification of a price, they will give us 10% of the negotiated price for a one year option. Should that option expire, they will renew for one additional year at an additional 10%. They can just keep going. Each lawsuit prolongs the final agreement. In the meantime, we are in limbo.

If I were 10 years younger, this wouldn't be so difficult to accept. Right now, it puts our retirement and life planning into a very strange quandary for at least two or three years. It doesn't make sense for us to continue any the many improvements we've been working on. Sale potential to a new owner is virtually zero at this point. We don't have enough money to buy another farm, keep this one while things are in litigation, and attempt to semi-retire.

I look at my comments, and I think I've gone negative. I know there has to be a positive side. Ideas on how to get past this are greatly welcomed.

Ken
Posted By: CJBS2003 Re: Losing it all to a new power line - 11/24/09 02:51 AM
Ken, are you set on a WV retirement? My fiancee and I have been looking at land in VA and the prices have become very reasonable... 30 and 40 acre pieces of property for 1/3 what they were going for 3 years ago. We are working hard on saving to buy one. Not sure what land prices are going for in your area.
Posted By: catmandoo Re: Losing it all to a new power line - 11/24/09 02:52 AM
 Originally Posted By: Russ

To try and lighten things up a bit, perhaps you could team up with Duvall. The next generation Butch and Sundance. With enough Hollyweird makeup magic maybe we could have Sunil take on Katherine Ross' part.


Russ -- good idea. We are having a separate Thanksgiving from the kids and grandkids this year (it is the year for their turn in the barrel with the inlaws). Lynda, her aunt, and I, have reservations for Thanksgiving dinner at a different famous historical restaurant not far from Mr. Duvall's restaurant. In the morning, I think I'll call his place and see if they have room for us. Maybe I can make a deal.

Sunil -- do you and family want to join us?

Ken
Posted By: Sunil Re: Losing it all to a new power line - 11/24/09 03:16 AM
Ken, I guess one positive would be how quickly a year or two passes these days.

We are going to Nemacolin from Thursday morning until Saturday afternoon which does get us a little closer.

PM me where you are going if not at least for general interest. I was just watching Apocalypse Now last night.
Posted By: catmandoo Re: Losing it all to a new power line - 11/24/09 03:39 AM
 Originally Posted By: CJBS2003
Ken, are you set on a WV retirement? My fiancee and I have been looking at land in VA and the prices have become very reasonable... 30 and 40 acre pieces of property for 1/3 what they were going for 3 years ago. We are working hard on saving to buy one. Not sure what land prices are going for in your area.


Travis,

We found years ago that there is extremely little significant difference between WV and VA. Taxes maybe a lower here, but gasoline is $0.30 higher per gallon. Real Estate may somewhat less expensive WV, but services are much less. Virginia has strong zoning laws. WV has virtually no zoning laws. The good and bad points really balance out.

Land around here, in the 25 to 50 acre size, goes for anywhere from about $2000 to $15,000 per acre depending on many different factors, and who you know.

We have ruled out going back into Fauquier, Loudoun, or Clark due to taxes and impending growth. Growth, traffic, and taxes drove us out. Because of elder family, the kids, the grand kids, and many extremely wonderful WV/VA community friends, we feel we really want to stay within about 20 miles of Winchester. Since we currently border Frederick county, it is absolutely on the list. We're also looking at parts of Shenandoah and Warren. If we were 20-30 years younger, we'd certainly look at the Northern Neck or even the southwestern part of the state.

Regards,
Ken
Posted By: catmandoo Re: Losing it all to a new power line - 11/24/09 03:58 AM
 Originally Posted By: Sunil
Ken, I guess one positive would be how quickly a year or two passes these days.

We are going to Nemacolin from Thursday morning until Saturday afternoon which does get us a little closer.


It is scary, but each year goes faster and faster.

Faster, or not, I think we need to resurrect the idea of a regional Pond Boss gathering. Whether Nemacolin, Wisp, Timberline, etc., I think that we are finally getting to be a big enough group to make a regional gathering realizable.

Geeze -- I hijacked my own thread!
Posted By: DavidV Re: Losing it all to a new power line - 11/24/09 06:32 AM
Ken,

Have you considered the political process? Byrd or Rockefeller may help if you can get to them. Maybe worth a try. I recently had an incident in Texas in which my US Rep. went to bat for me.

Is there a possibility of routing around your land? Do you have environmental issues that would be negatively impacted by a power line? Would wildlife be deprived of range?

I have seen strange things in Texas when it comes to power lines, roads, etc. and powerful property owners. Use the political process if you can.

I wish you the best.
David
Posted By: CJBS2003 Re: Losing it all to a new power line - 11/24/09 08:17 AM
Ken, I wish you the best of luck in what ever you do. My dad recently moved to the Northern Neck of VA when he retired from the Feds a couple years ago. If you aren't right on the water land is cheap as are the taxes. Not too much sprawl either. Way too far from any major city. The county my dad lives in only has 22,000 full time residents. We know a couple real estate agents in the Northern Neck area if you do decide to look around that area. I do agree Loudoun, Frederick and Clark Counties are all quite pricey... Sorry you're having to go through this at this time in your life.
Posted By: Dave Davidson1 Re: Losing it all to a new power line - 11/24/09 10:14 AM
Ken, I'm not hearing negative from you; just reality. If you got laid off at work, there is a good chance that you would have to relocate. Many people do and you're not the only one in this boat.

Going and fighting a protracted legal battle can get pricey and, in the end, may not leave you any better off. You and I have already gotten older, and we hope wiser. Well, not always.

As the shock is wearing off, look at this as a business matter. Then, look at it as an opportunity for a fresh beginning.

From a financial standpoint, get rolling and look at other places. For negotiating purposes, figure out what it will cost to replace what you have plus a PITA premium. Envision and quantify building and rebuilding costs. Identify tax problems if you sell for a profit and build that in to your negotiating points.

From their standpoint, land values are lower and it is a great time to start the project or at least the process. However, the line may not be built for quite a while.
Posted By: andedammen Re: Losing it all to a new power line - 11/24/09 11:08 AM
I'm sorry to hear you have to leave your dream, to a powerline.
I can totally get in to the feeling(heart pain)

Positive upside.
You are not losing it, but forced to sell, and probabbly to a valueble price, wich puts you in a dream position in a marked(property) that is down for a long time to come.
You can now, use your time left on the land you are leaving,for recreaiational purpeses only,collect experience on wath should be differente, for a easy retiremente balance(management)
On ewery thing, house,garden,pond all the stuff that gets a bit harder to keep ship shape growing older.
Invite the hole family, the ones we like to share oure dreams with, to join in on the opertunetie to build a new dream.
Adjust this dream to age(years to come)in all matters.
Be happy that your healt is fine,your still young (have the power)full of experience, knoledge and spirit.
The money $ is there it's your call not some bank to decide your knew, dream.
So be glad you have the time to spend some time still in the dream you are living, to suck out and enjoy it before the end.
And start looking forward to a new faboules dream to come, you have the all means to create that.
Don't use to much energy to fight a loosing battle, its so easy to get stuck in the gutter, be creative in geting as fitt as possible throu a difficulte time, and save your energy for all the pleasent surprises and yoys to come.

I know all this is easier said than done, and I share your greef
Posted By: Cecil Baird1 Re: Losing it all to a new power line - 11/24/09 12:37 PM
 Originally Posted By: catmandoo


It is scary, but each year goes faster and faster.



You got that right. I used to laugh at the statement that life goes faster as you get older but not any more. I swear one day it's Monday and the next it's Friday. My wife says it's because when you're 10 years old one year is a tenth of your life. When you're 60 its a 60th of your life.

I do know when I'm 10 years older I would do anything to be the age I am now, so I won't complain about my age now.
Posted By: Bill Duggan Re: Losing it all to a new power line - 11/24/09 01:22 PM
Ken, feel your pain, been there. Sold my farm to the regional public utility which could have been a forced sale. If I can help contact me.
Bill
Posted By: heybud Re: Losing it all to a new power line - 11/24/09 01:40 PM
Ken, Man what a bummer. I wish I could offer some words that would help, but I guess I'll just say we will be here for you.
Posted By: catmandoo Re: Losing it all to a new power line - 01/01/10 02:06 AM
An end of year update on our homestead.



We got another kick the the gut yesterday.

Energy Officials: PATH Project Further Delayed

Yesterday, the power company requested pulling their application in Virginia. They say they will probably refile in Virginia later in 2010. Each time they refile in a state, the courts seem to give them 400 days. Based on all the articles I've read in the last two days, the project is now at least put off until 2015.

It puts us in a really difficult position. We don't want to do any more improvements here, nor put any more money into the place. With this hanging over the land, we couldn't sell if we wanted to anytime in the next couple of years. Retirement planning is really on hold. The power company has gone into hiding. They even took down their website as of yesterday.

Shortly after we found out they wanted to take our land, friends alerted us to very unique 52 acre farm nearby that was about to be sold off in small parcels. It has been legally subdivided into smaller lots, but all parties involved seemed to be in financial trouble. Its a long story, but we are paying the mortgage on the place, with an option to buy it. It has four ponds, and lots of water on it. It also has about a three acre orchard, good fencing, pastures, forest, four barns, and a house that dates back to 1837. Although people lived in the house until about 18 months ago, it is not really inhabitable. Unfortunately, without selling our current place, we can't afford that place, especially with the need to build a house.

So, we are doing a lot of soul searching.

Stay out of the way of eminent domain projects!

Ken
Posted By: CJBS2003 Re: Losing it all to a new power line - 01/01/10 02:22 AM
Ken, so sorry to hear about the continued troubles... Things seem to have a way of working out. I surely hope you look back in 10 years and go WOW, things happen for a reason! It's happened to me more than once. Faith and some luck will go a long way. Be strong! I wish you the best in 2010!
Posted By: esshup Re: Losing it all to a new power line - 01/01/10 02:27 AM
Talk about a Catch 22! I echo CJ's comments. I hope everything works out for you sooner rather than later. It's gotta be he.. to be in limbo like this.
Posted By: burgermeister Re: Losing it all to a new power line - 01/01/10 03:18 AM
Tough situation, Ken. Wishing you the best. Would the improvements you were considering not increase the fair market value that would have to be tendered? Could you keep records of material costs and your labor time involved for the improvements?
Sorry if this has been answered earlier in the thread. I havent read from the beginning of the thread. I will, sthough.
Posted By: jeffhasapond Re: Losing it all to a new power line - 01/01/10 04:02 PM
I'm sorry to hear this news Ken. To say that is process is not fair would be a miserable understatement.
Posted By: rmedgar Re: Losing it all to a new power line - 01/01/10 04:33 PM
Ken, I'm so sorry to read this. I hope things work out
for you and Lynda.
Posted By: eddie_walker Re: Losing it all to a new power line - 01/01/10 05:37 PM
I had forgotten this, but with the latest update to your situation, it came back to me.

My parents house backs up to a small field that seperates them from an offramp on a highway. That highway leads to the San Mateo Bridge, across SF Bay. CalTrans, the highway people, decided that if they created a second offramp where that one is, and built a new road through my parents neighborhood to get traffic off of the highway and over to another highway faster, that it would releive allot of traffic.

CalTrans spent millions on this and when they released the plan, home priced dropped big time in that area. The map showed what housed would be taken for eminent domain, and what ones would back up to the new road. It was a disaster for them, and everyone around them. They fought it, went to all the meetings and vowed not to sell. Of couse, they didn't care. Nobody could sell their house because it wasn't worth anything, anymore.

After a few years, CalTrans abandoned the idea. As soon as they did this, homes went up for sale and sold quickly. There was no threat of the road anymore, and there was no need to disclose something that was no longer going to happen. When my parents sold their home, they got a great price and didn't have to diclose what might have happened with that road going through because it wasn't pending or on the planning books anywhere. If the project is dead, then it's like it never happened.

I'm no lawyer or know anything about your situation. What I know is that my parents and neighbors went from for sure losing their homes from eminent domain to build a new road, to not having to disclose it when selling the house.

If it's not on the books, and the power company has cancelled the job, then the question you need to find out is if you have to disclose something that may never happen? I wouldn't want to take advantage of the buyer of your place by lying to them, or misleading them, so it's up to you to figure out where you are comfortable and what is legal. For this, you might be best off by seeking legal advice.

Another thing to consider when selling property and what to declae is where do you draw the line? You pond is a hazard to small kids. Wild animals are on your land and capable of causing death and injury. Mother nature is always just one storm away from destroying your home or other assets on your land. When you bought the place, none of these things were diclsed to you. If the power line was already on your line, then the possibility of it being added to and things changing was always there. Selling it doesn't change that, and the buyer realizes it when buying the property. Your documents and title will include easments for the power company, so that wil be disclosed. What happens in the future isn't your responsiblity if there isn't anything actually planned. You can't disclose rumors, and what if's.

Eddie
Posted By: catmandoo Re: Losing it all to a new power line - 03/02/11 02:06 AM
When I was leaving work last night, I got in my truck and the radio came on at the beginning of a news report that the PATH powerline project was being canceled.

This whole nasty thing has made life very difficult and crazy for the last 18 months. We couldn't semi-retire. All work at our property went on hold. We couldn't sell. We didn't want to make any improvements because we felt it would be wasted money. Our next door neighbor lost his property through foreclosure due to this.

I write this because we want to thank everybody for the support we received as we have moved through this gut-wrenching experience.

Lynda and I can't even begin to express our appreciation and thanks for the many behind-the-scenes forms of help and moral support we received through the Pond Boss family.

Bob Lusk and Eric West (EWEST) were two of the very first to offer incredible support and advice. Todd La Neve (Todd 3138) became our voice in multiple legal issues, and he became a very close personal friend.

We've been involved in many other conversations, e-mail correspondence, and PMs with Pond Boss friends over this issue. We couldn't even begin to name all those who have helped, because we're afraid we might miss somebody. You know who you are, and we can only express our thanks for your support and advice.

Again, thanks to all for your moral support and advice.

We are having a small get-together this coming weekend (March 4-5) at our home and pond. Bob Lusk and Todd La Neve will be there, along with some other rather interesting characters involved in aquaculture. We'll be doing a tour of interesting local aquaculture facilities on Saturday. We already have plenty of my venison pastrami prepared. Lots of other food and friendship/fellowship too. We'd love to have more people join us. Send me a PM, and I'll provide directions.

Ken and Lynda

Posted By: Bob Lusk Re: Losing it all to a new power line - 03/02/11 02:26 AM
Let's go!
Y'all come!
Can't wait for this regional Pond Boss confab and hang out Saturday. Looking forward to spending time with Catmandoo and his peeps...it will be a blast.
See you at the Grymala hacienda!
That must be a relief. Congrats, and you fellas dont get outta hand Saturday.. smile
Posted By: Cecil Baird1 Re: Losing it all to a new power line - 03/02/11 02:46 AM
Ken,

I'm so happy for you!
Posted By: JKB Re: Losing it all to a new power line - 03/02/11 02:46 AM
Ken, I am really happy for you!

Who says roadkill don't tighten up the bonds grin

Just happy for you that it is working out.

Thank you, for you being, who you are. A true pleasure!

Thanks!
Posted By: ewest Re: Losing it all to a new power line - 03/02/11 02:49 AM
Be sure its dead and find out why. They have a way of rising from the grave. Talk to Todd.
Posted By: JKB Re: Losing it all to a new power line - 03/02/11 03:00 AM
Dont understand that one, but my brain did explode watching the Charlie Sheen stuff for a bit today. I am intimate with my MUTE Button, but the batteries are on their way out, but could not shut his face off.

Made me Ill!
Posted By: catmandoo Re: Losing it all to a new power line - 03/02/11 03:11 AM
Originally Posted By: ewest
Be sure its dead and find out why. They have a way of rising from the grave. Talk to Todd.


Eric -- you are absolutely right. This is far from done/dead, and we are well aware of that, but we must move ahead. Todd is very involved in the whole mess.

We know this could come back to haunt us at any time -- but we have to move forward due to many factors we have not made public.

I'll send more in PMs.

Regards,
Ken
Posted By: esshup Re: Losing it all to a new power line - 03/02/11 03:43 AM
Ken, that's great news. Especially if it's really and truly dead.
Posted By: jeffhasapond Re: Losing it all to a new power line - 03/02/11 03:16 PM
That is fantastic Ken!
Posted By: CJBS2003 Re: Losing it all to a new power line - 03/02/11 04:47 PM
Glad to hear it Ken. I hope it really is dead and you can finally move on and focus on building your second pond! I wish I could make it out to WV to meet up with you all this weekend.
OH NO Ken, no power line, now your gonna have to put in solar and wind power. grin

Glad to hear you get to keep your pond and can plan for the future.
Posted By: Bing Re: Losing it all to a new power line - 03/02/11 08:49 PM
Great news that you wore them down. I know that being in limbo on what they were going to do really causes you to stop making improvements.

Years ago I had a friend who had a great, renovated 100 year old cabin on the Meramec River in Missouri, a geal show place (and he made one of the best martinis I ever tasted). They Feds were going to build about a 15000 acre lake and, after years of rangling, they bought him out. He bought another place in another county, build a new log cabin, and three months later they killed the Meramec Lake Project and offered to sell him his old land back---to late, but someone got a great place on the river along with 80 acres.

I won't be there for the Regional this weekend, a little far to travel, but I told my wife that if I ever finally retire I will never miss a regional Pond Boss Conference again. I've been to two. Have a great time.
Posted By: james holt Re: Losing it all to a new power line - 03/02/11 10:24 PM
Thats great news ken!
Posted By: Dwight Re: Losing it all to a new power line - 03/02/11 10:54 PM
Ken, that is really excellent news. I am super happy for you!

Good things happen to good people in this case. smile
Posted By: n8ly Re: Losing it all to a new power line - 03/03/11 01:22 AM
Fred, its time.
Posted By: findfoolfight Re: Losing it all to a new power line - 03/03/11 10:50 AM
Hey JKB....DON'T YOU KNOW THAT CHARLIE JUST SMOKES CRACK FOR RECREATIONAL PURPOSES!!
Since I'm new here I am not familiar with Catmandoos specific situation, but years ago I found myself in a court battle over eminent domain and the fifth amendment. Had a good outcome...but very stressful. Good for you Catmandoo!!!
Posted By: esshup Re: Losing it all to a new power line - 03/03/11 04:53 PM
FFF, go to page one of this thread and see what happened.
Posted By: rmedgar Re: Losing it all to a new power line - 03/03/11 05:14 PM
Ken, that is great news. I hope you and Linda can relax a little, and enjoy your home and property. Sure wish I could come to the meeting - I'll get up that way one day.
Posted By: teehjaeh57 Re: Losing it all to a new power line - 03/03/11 06:24 PM
Ken I'm sorry I was entirely in the dark about your trials of late but am relieved to hear your family and pond are seemingly out of the woods.
Posted By: n8ly Re: Losing it all to a new power line - 03/03/11 11:43 PM
TJ,
His pond and family are actually very deep in the woods, way far off the beaten path. The power line isnt coming any longer so who knows how long it will be before they catch up to the rest of the world out in the wv woods.
Posted By: Todd3138 Re: Losing it all to a new power line - 03/04/11 01:41 AM
Originally Posted By: n8ly
TJ,
His pond and family are actually very deep in the woods, way far off the beaten path. The power line isnt coming any longer so who knows how long it will be before they catch up to the rest of the world out in the wv woods.


With any luck, we'll never have to worry about "catching up" with the rest of the world! We are all barefoot, pregnant, and uneducated here. Don't come visit. Don't drive through. Just detour around us. You wouldn't like it here, so just stay out. There's nothing to see here, folks. Just move along and go about your business. grin grin grin
Posted By: CJBS2003 Re: Losing it all to a new power line - 03/04/11 02:11 AM
I like taking the back roads to our hunting land in PA, those back roads being mostly through WV... It limits my travel distance through MD.
Posted By: findfoolfight Re: Losing it all to a new power line - 03/04/11 02:31 AM
Originally Posted By: esshup
FFF, go to page one of this thread and see what happened.
Scott I did and decided to read all 3 pages...excellent result!
Posted By: Cecil Baird1 Re: Losing it all to a new power line - 03/04/11 03:32 AM
Originally Posted By: Todd3138
[quote=n8ly]TJ,
We are all barefoot, pregnant, and uneducated here.


A barefoot, pregnant, and uneducated lawyer? Hmmm... that's very interesting. smirk
Posted By: teehjaeh57 Re: Losing it all to a new power line - 03/04/11 04:56 AM
BTW congrats Mountaineers on your victory the other night! Excelsior!
Posted By: esshup Re: Losing it all to a new power line - 03/04/11 05:10 AM
Todd, you aren't that far away from civilization. When I was at your place you had concrete sidewalks. wink grin
Posted By: Todd3138 Re: Losing it all to a new power line - 03/04/11 12:19 PM
Originally Posted By: esshup
Todd, you aren't that far away from civilization. When I was at your place you had concrete sidewalks. wink grin


Shhhhhh!!! We don't want outsiders knowing what we've got here! laugh
Posted By: Todd3138 Re: Losing it all to a new power line - 03/04/11 12:20 PM
Originally Posted By: teehjaeh57
BTW congrats Mountaineers on your victory the other night! Excelsior!


Thanks, TJ! That was a big win for us - may have punched our ticket to the big dance.
Posted By: catmandoo Re: Losing it all to a new power line - 03/04/11 05:38 PM
Hey all --

Thanks for all the kind words. Yes, this is a big relief. We now just have to pick up where we left off 18 months ago.

As for being "out of the woods . . ." Noooo! We are intentionally in deep the woods. Outsiders dare not venture in.

Todd and I are bad for tourism. It really is an awful place. It is so bad, we don't even have mosquitoes!

It is actually much like the rural area I grew up in more than 50 years ago -- but that is not a bad thing.

As for lawyers who are "barefoot, pregnant, and uneducated here", I think I need to counsel that boy. But, maybe not. He sure can be intimidating when we meet with the big city lawyers.


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