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Real Estate & Property Law

National Eminent Domain Blog

Covers eminent domain and condemnation.
By Alan Ackerman

Post Frequency: 2.8/day

Last Entry: April 01, 2011 at 16:47:47

Removal of Gas Without a Lease

Posted on August 13, 2010
The Central Pennsylvania News article discusses the proposed 'forced pooling' going through the Pennsylvania legislative bodies. The reality is that owners may be better off with forced pooling so long as they are fairly paid for their mineral rights being taken...

Indiana Dunes Fight

Posted on August 12, 2010
The linked article does a wonderful job explaining the emotions and issue involved in the contemplated Indiana dunes expansion. The dunes are something special to people around Lake Michigan, not only in Indiana, but also on much of the Michigan coastline...

Enbridge Fights On

Posted on August 11, 2010
The Illinois Commerce Commission effectively temporarily delayed the future permitting necessary for Enbridge to acquire property by eminent domain in DeWitt County. In all likelihood, the State Commerce Commission will come out and grant the utility condemnation authority, but the problems in Battle Creek are eye-opening...

Debate on Fairness of Government Exchanges

Posted on August 11, 2010
Anne Rickenbaugh provided a letter to the editor of the Aspen Times in which she discusses how the eminent domain valuation process is utilized as part of the valuation process for exchanges. These exchanges, involving the disposition of federally owned or publicly owned land may not necessarily be premised upon federal acquisition standards because it is not a federal acquisition involved...

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OP-ED Views on the Poletown Plant

Posted on August 10, 2010
Articles written by Jason Adkins and John Mogk offer a harsh conflict as to the reality of what happened with Poletown. In 1980-81, the City of Detroit acquired land to rush in the construction of a General Motors assembly plant within the Detroit City limits...

South Bend Attempt at Rebirth

Posted on August 10, 2010
South Bend is seeking an area clearance of what may be perceived to be the blighted area of the community. As so many other industrial cities, a huge, idle plant sits in an area, diminishing the values of the surrounding properties and being of no positive value to the community as a whole...

Property Valuation

Posted on August 09, 2010
One should question this Washington business article explaining how Kohl's is having a difficult time finding a large enough space to acquire for lease in the urban center of the District of Columbia. One has to wonder whether the value of the properties being assembled is not effectively the market value at the sale price or fair market value to the final user...

Gas Firm Seeks to Condemn 9,117 of Kansas Land

Posted on August 02, 2010
Despite all of the publicity about Warren Buffet seeking to acquire an expansion of a gas storage field, the numerous writers about the recent acquisitions by Northern Natural Gas Company simply miss the issue at hand. That far more than natural subsidiaries are becoming owned by Warren Buffet in and of itself should give no one cause for concern...

Texas Eastern Transmission Gets Serious

Posted on July 30, 2010
The Notice of Intent to Prepare an Environmental Impact Statement on Staten Island in Manhattan, NY, as well as Hudson, Union, Bergen and Morris Counties in New Jersey is a serious process which Texas Eastern is moving forward with. The process provides the opportunity for individuals in the community to view the proposal, but is also likely to provide a decision that is fait accompli...

Pipeline Expansion in Virginia

Posted on July 30, 2010
In an attempt to improve not only the electric grid, FERC is supporting and reviewing environmental impact statements for gas transmission lines. By example, the Williams Gas Pipeline-Transco's proposed mid-Atlantic Connector Expansion is a major project which will be affecting not only Virginia, but also Maryland and North Carolina...

Oxnard Jumps for a Private Development to benefit Lowes

Posted on July 29, 2010
The Oxnard, CA network notes that the Oxnard City Council may utilize eminent domain to acquire the Pacific Oaks Federal Credit Union. This is the city's attempt to revitalize a shopping center perceived to be a blighting influence in the area...

Oil Spill In Battle Creek

Posted on July 28, 2010
The oil spill in Battle Creek is deja vu. This office had a huge fight over the Enbridge pipelines expansion. It part, Enbridge was denied some of the necessary FERC licenses, thereby barring the utility from receiving the power of eminent domain needed to condemn certain property...

Planning for a Project in the Distant Future

Posted on July 27, 2010
Joel Hood of the Chicago Tribune covered a serious issue of project development for an uncertain project in the distant future. The Peotone airport has not as yet received Federal Aviation Administration approval. Yet, planning for projects such as an airport takes years and frequently decades...

Attorney Fees Upon Dismissal

Posted on July 27, 2010
The Milwaukee Journal Sentinel properly noted that a 94 year old owner whose family had maintained the property since the 1880s faced a simple condemnation only because the nearby developer thought that a farm near a business park would be 'blighting'...

Outstanding lawyer, Robert Denlow, explains the Kelo problem by a jury verdict

Posted on July 26, 2010
Robert Denlow and his client, Bill Simon, patiently went through the abusive process of what is called a taking of property for 'public use', but was, in essence, a taking for a private development. The truth was that the attempt to purchase the valuable land by normal market did not work for the developer so the developer went to the city and had the city obtain the property by eminent domain...

Bedford County, PA Widow Sued

Posted on July 22, 2010
TV often captures the most acute of the situations. Many jurisdictions have statutes which provide for entry onto a property prior to condemnation in order to stand assured that it knows what it will be paying for. Often, utilities, especially these gas storage companies, fail to recognize any portion of what is owed, while sometimes they get it right...

NC Assembly Forgets to Protect the Property Owner

Posted on July 22, 2010
As contemplated, the eminent domain process in North Carolina remains as it was. Usually, the proposed bill placing constitutional limitations banning the use of eminent domain powers for private economic development purposes never even gets out of the first committee...

Sharon Township screams again

Posted on July 21, 2010
The Manchester Enterprise article provides a clear sense of the crazy arguments presented in a recent township meeting. The township chose to buy a piece of property, fully knowing its risk. Why are all the citizens and residents of Sharon Township complaining when they made the decision? There is one thing this Manchester Michigan Enterprise article does cover, and that is the deeply held belief by citizens that elected officials should 'save face and resign'...

Axtell to Kearney Power Line Objections

Posted on July 21, 2010
The Kearney Hub newspaper described the division presented with the Nebraska Public Power District. The individuals in the community have two concerns for this; first, the lines would rip through what has been protected prairie and; second, the electric lines would really help electric customers in Kanses, the neighboring state, rather than be for the benefit of the Nebraska citizens...

Legislator Makes Fool of Himself

Posted on July 20, 2010
State Representative Garth Everett claimed that eminent domain is the taking only of 'surface land.' Simply because people do not know that their property is being trespassed upon does not mean they have no right to compensation. Basic law requires that what is taken is paid for...

Wikipedia Gets It Wrong

Posted on July 19, 2010
In their objections to the Steckman Ridge gas storage project, at least a part of the community has been vociferous in opposition. Not to say that the community is wrong in its opposition, one can recognize that it may very well be inaccurate. This blogger was shocked that FERC would take away the storage rights already maintained by owners...

Positives and Negatives of a Pipeline

Posted on July 16, 2010
The Great Falls Tribune article reviews the balancing act that is involved in pipeline construction. On the one hand, there is a negative effect on the environment by the soil that is destroyed as well as the potential for increased greenhouse gases...

Forced Pooling

Posted on July 16, 2010
Forced pooling of minerals has been in existence for generations. The question is, what is the fair value for the royalty interest of the mineral owners and whether mineral owners should be paid an amount to become part of the drilling unit? These issues are not easy to deal with...

The Ambassador Bridge Brawl

Posted on July 15, 2010
CNN wrote a relatively balanced article explaining the issue of why there is a hotly disputed and contentious fight over whether the City of Detroit should have a publicly owned bridge or maintain and improve the private bridge. Arguably, there is no clear answer...

Pennsylvania Hears About a New Gas Line Utility

Posted on July 15, 2010
Tom Karam is a responsible administrator. The question raised is whether his private company should be converted into a utility. Will it be regulated, thereby limited in the profits? Will the rates be fair to all, including those individual producers and landowners who are not part of his corporate umbrella? Will the landowners be paid fair royalties, as well as initial payments? Utility regulation is 'tough' because one knows not where it starts or ends...

Nevada allows property takings for sugar beet production

Posted on July 14, 2010
In the last few weeks, one cannot help but note the acquisition by a Canadian mining company of a potential privately owned mineral site in Northeastern Nevada. The existing Nevada statutes may allow private acquisitions for land under the existing state Constitutional provision...

How do oil spills affect taxes?

Posted on July 13, 2010
The attached IRS release explains how the IRS will deal with the payments created by the oil spill. In a like fashion, a property owner facing eminent domain should look at how payments will affect the recording of the receipts. Some areas of reimbursement allow for the monies to be deferred while other payments are to be treated as income...

Pipeline Issues Ahead in Oregon

Posted on July 13, 2010
The Daily Astorian argued three interesting topics regarding the natural gas pipeline sought by Oregon Pipeline LLC in the Clatsop County area of Oregon. The reality is that the Impact Statement needs to cover not only the physical safety issues, but also the environmental issues...

Kelo Problems in North Carolina

Posted on July 12, 2010
Ever since Kelo, the state legislatures have understood that if there is not a limitation placed upon property acquisition, effectively there is no limitation of any kind. Most state legislators have now acted, frequently via legislation or by allowing the citizens of the state to seek the relief of referenda...

Do judicial challenges to takings still exist?

Posted on July 12, 2010
Read the full article.

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