# Hall County Georgia trying to steal widow's land **URL:** \ **Category:** The BBQ Pit\ **Created:** [December 13, 2004, 2:51pm UTC](https://boards.straightdope.com/t/hall-county-georgia-trying-to-steal-widows-land/279607 "2004-12-13T14:51:57Z")\ **Posts on this page:** 9\ **Page:** 8
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [December 14, 2004, 9:59pm UTC](https://boards.straightdope.com/t/hall-county-georgia-trying-to-steal-widows-land/279607/141 "2004-12-14T21:59:49Z")
> [@yBeayf](#): > > Murder - the unjustified or unlawful killing of one human by another. So name some examples of the Netherlands doing that. ---
**Author:** ![Gangster\_Octopus](https://avatars.discourse-cdn.com/v4/letter/g/a8b319/32.png) [@Gangster\_Octopus](https://boards.straightdope.com/u/Gangster_Octopus)\ **Post date:** [December 14, 2004, 10:00pm UTC](https://boards.straightdope.com/t/hall-county-georgia-trying-to-steal-widows-land/279607/142 "2004-12-14T22:00:45Z")
> [@Diogenes the Cynic](#): > > I think so, yes. I would point to the Netherlands as an example. How so? ---
**Author:** ![ivylass](https://avatars.discourse-cdn.com/v4/letter/i/9de053/32.png) [@ivylass](https://boards.straightdope.com/u/ivylass)\ **Post date:** [December 14, 2004, 10:05pm UTC](https://boards.straightdope.com/t/hall-county-georgia-trying-to-steal-widows-land/279607/143 "2004-12-14T22:05:01Z")
Hey, guys, let’s not hijack this into an abortion debate. Take your Netherlands argument someplace else. **ouryL** , as I pointed out earlier, the money difference is not the issue. The issue is the county is trying to force her to sell her property to them. She has a signed contract with someone else. The county is trying to buy the land for a park, but the Parks department says the land will not work for a park. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [December 14, 2004, 10:06pm UTC](https://boards.straightdope.com/t/hall-county-georgia-trying-to-steal-widows-land/279607/144 "2004-12-14T22:06:50Z")
> [@Diogenes the Cynic](#): > > She has a right to “just compensation,” not “market value.” The Supreme Court says that “just compensation” _IS_ “fair market value.” _US v. Miller_. ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [December 14, 2004, 10:23pm UTC](https://boards.straightdope.com/t/hall-county-georgia-trying-to-steal-widows-land/279607/145 "2004-12-14T22:23:08Z")
> [@Bricker](#): > > The Supreme Court says that “just compensation” _IS_ “fair market value.” _US v. Miller_. The question then is whether a single offer is enough to constitute “fair market value.” What if an entity makes an offer which is deliberately exorbitant? I refer you to [BACKUS v. FORT ST. UNION DEPOT CO](http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=169&invol=557) > [@](#): > > While the allowance to be made should be liberal, still it must not be unreasonably exorbitant or grossly excessive. It should be a fair and liberal allowance, and full and adequate compensation for the damages inflicted. You should not allow too little, nor should you allow too much. ---
**Author:** ![Mojo](https://avatars.discourse-cdn.com/v4/letter/m/85f322/32.png) [@Mojo](https://boards.straightdope.com/u/Mojo)\ **Post date:** [December 14, 2004, 11:02pm UTC](https://boards.straightdope.com/t/hall-county-georgia-trying-to-steal-widows-land/279607/146 "2004-12-14T23:02:17Z")
…and from the story in the OP, neighboring property went for $7,000/acre more than the developers offer, which is $14,000/acre more than the county’s offer. Based on that it sounds like the developer’s offer was fair. Somewhere in here there’s a joke about evil developers building retirement homes for the elderly\* while the decent virtuous Netherlands euthanizes theirs, but I can’t figure out how to word it without sounding like I’m Netherlands-bashing\*\*. [sub]\*Yes, I know they’re not doing it out of the goodness of their hearts.[/sub] [sub]\*\*Seriously. If there’s a society the US should emulate, it’s theirs.[/sub] ---
**Author:** ![Metacom](https://avatars.discourse-cdn.com/v4/letter/m/ecae2f/32.png) [@Metacom](https://boards.straightdope.com/u/Metacom)\ **Post date:** [December 15, 2004, 12:11am UTC](https://boards.straightdope.com/t/hall-county-georgia-trying-to-steal-widows-land/279607/147 "2004-12-15T00:11:50Z")
> [@ivylass](#): > > Such a vast chasm…I despair we can ever breach it. ☹ If the best we can do is spout trite and inflamatory Coulter’esqe cliches, we never will. ☹ ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [December 15, 2004, 4:17am UTC](https://boards.straightdope.com/t/hall-county-georgia-trying-to-steal-widows-land/279607/148 "2004-12-15T04:17:16Z")
> [@Diogenes the Cynic](#): > > The question then is whether a single offer is enough to constitute “fair market value.” What if an entity makes an offer which is deliberately exorbitant? I refer you to [BACKUS v. FORT ST. UNION DEPOT CO](http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=169&invol=557) That case is not remotely on point. In _Backus_, the jury had to decide the value of property taken when the property was a profitable business. The commentary you’ve quoted was from the judge’s instructions to the jury about calculating the valoue of the future profitability of the business. There is nothing in _Backus_ about any entity making a phony, exorbitant offer. Nor is there any evidence in the instant case. All the evidence indicates that “Walmart” (the developers, in this case), made an offer they fully expected to pay. If they made the offer fradulently, of course it does not establish fair market value. But if they made it willingly, in an honest effort to buy the property, then it’s fair market value. ---
**Author:** ![ivylass](https://avatars.discourse-cdn.com/v4/letter/i/9de053/32.png) [@ivylass](https://boards.straightdope.com/u/ivylass)\ **Post date:** [December 17, 2004, 1:34pm UTC](https://boards.straightdope.com/t/hall-county-georgia-trying-to-steal-widows-land/279607/149 "2004-12-17T13:34:44Z")
No link yet, but according to [Neal Boortz’s website](http://boortz.com/nuze/index.html), the county is backing down. She will be able to sell the land to a developer to build a retirement community. [Previous page](https://boards.straightdope.com/t/hall-county-georgia-trying-to-steal-widows-land/279607.md?page=7)