Beware as a tenant being relocated by ODOT.

[Sooner_Fan]

When I read the thread about the core to short this morning I thought I should take this opportunity to share my story in the event it could happen to someone else.

Short story is I am a tenant in a piece of property that ODOT is doing a partial taking. The property owner (PO) has several properties and tenants in the area that were affected. In early 08 I was approached as a tenant as were many in the area. I was told I was eligible for full relocation benefits as I would have to move my business. I watched as other business's in the area were successfully relocated and in speaking with them it went okay.

Mine has not. It seems that instead of me being able to proceed throught the Federal Channels to receive relocation assistance that ODOT decided to add me to a condemnation lawsuit they filed against the Land Owner. According to ODOT this means that I cannot proceed by Federal Guidelines originally given to me to recieve relocation benefits. This has been 2 1/2 years and I have partially moved my business as I will not be able to operate my business at the old location when ODOT finishes their proposed work on the property. I have not received a penny and am being forced to wait on a Jury Trial which who knows when that will be. In the meantime I'm stuck in the middle with substantial attorney's fees wating until a Jury trial that I want no part of. That trial should be between the landowner and ODOT and not involve me or my business.

So watch out if you are a tenant and are offered Federal Relocation Assistance. If the property and ODOT don't agree it appears they will file a condemnation lawsuit against the Property Owner and you, which could put you in a similar situation as me.

[BDP]

You may want to look into what action you might have against the PO. Depending on the lease, and if he loses the federal suit, then you may have a cause of action against the PO. It depends on a lot of factors, but it's worth looking into, especially if you already have an attorney.

[adaniel]

Sooner fan,

There's a very similar story in today's Journal Record about a woman whose business is in the way of a highway widening. I can't access the full article, but its on their hompepage. If you can grab a hold of it you may want to and see what it says.

[Sooner_Fan]

I really don't want to take action against the PO as based on the information I have all he wants is fair value. ODOT came in with several offers to the PO but then all of the sudden it went to $0.00, he won a decent commissioner's award, and ODOT immediately filed the condemnation suit.

I subscribe to the Journal Record but it comes to my PO Box and I usually pick up the mail before it is delivered. I will stop on my way out this evening and take it home for a read. Thanks.

[Soonerus]

You have a claim as a tenant that would include relocation expenses...