Eminent Domain Scams

Early in February property owners on Rt12 received checks for the fee takings (permanent easements), temporary easements, property taxes paid on the taken land, and interest on the money owed them. Here's how MassHwy and the city of Fitchburg have thusfar scammed the property owners out or proper and full payment for their loss.

1. The proper way to assess damages for a partial taking of property is to make before and after appraisals of the property value. The damages to pay is the difference between the appraisals. (Scam) - For partial takings on Rt 12 MassHwy indicated there was no damages to the property by the taking and instead made payments based on their appraised value only of the land taken.
2. In February 06 MassHwy inspected properties on Rt 12 for purposes of appraising the properties. Their inspections consisted of taking photographs of the front of the properties. (Scam) In fact the appraisals (at least the ones I've seen) were based on the city's tax assessments of the property for fiscal 2005. Data that was two years old at the time of the takings. For example, the 2006 appraisal on my property increased by 81% in fiscal 2006 and again by 73% in fiscal 2007 so MassHwy's appraisal is 69% lower than the tax assessment value at the time of the taking. That method of appraisal would be valid only if #1 above were ignored.
   
3. Payment for land taken must be paid within 60 days. MassHwy calculated interest on the moneys owed for an expected 56 days. (Scam) MassHwy didn't cut checks till 90 days after the takings. They were not only late but didn't recalculate the interest for the additional 34 days.
   
4. Under MGL Chapter 79 Section 44A. The city is entitled to collect for any liens on the property before the owner get payment. (Scam) - Fitchburg reported falsely to MassHwy that property owners had outstanding taxes on their properties equal to or roughly equal to their next quarterly tax payment despite taxes being current. MassHwy dutifully withheld payment and sent the money to the City of Fitchburg. (In my case the city improperly collect $513.31) At this time it appears the only way to recover the funds is to take time off from work to clear the matter with the temporary treasurer.

For the record. Homeowners that had independant appraisals of their property to establish damages have found the damages are higher than the estimates made by MassHwy.

BTW, we also can't cash MassHwy's check because it is made out to me, my wife and the mortgage company. I have to put together documentation for the mortgage company and request they endorse the check and return it to us all by registered mail.