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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

Escheating Just Compensation

Posted on March 17, 2010
Tri Cities Kilgore introduced the legislation as a means of prying the royalties out of escrow, he said, but the bill has been criticized by Phillips, Puckett and others who are concerned that corporations could haul landowners into binding arbitration against their will and leverage their legal muscle to prevail even when precedent tilts against them...

Is a third party arbitrator binding?

Posted on March 16, 2010
Legal Times The U.S. Court of Appeals for the D.C. Circuit last week affirmed a decision by the U.S. District Court to dismiss a case brought by four plaintiffs, who each own or lease property in the shopping center. The plaintiffs argued that the city took the property to benefit a private developer, violating the takings clause of the Fifth Amendment...

Election fight to prohibit federal funding of eminent domain

Posted on March 15, 2010
Star Telegram Basham, who finished fourth in a four-candidate race in 2008, couldn't be reached for comment. But he said in a news release that out-of-control spending is unacceptable at all levels of government. "Accepting earmarks and using eminent domain locally are far more pervasive to our communities than anything coming out of Washington," Basham said...

Recession Destroys Development

Posted on March 15, 2010
KMOX WASHINGTON (AP) Women's rights advanced in 15 of the 18 countries in the Middle East and North Africa over the past five years, the democracy watchdog group Freedom House reported Wednesday. The progress in jobs, education and politics, described as modest, overcame continuing resistance from religious and cultural elites, the study said...

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State Regulators Distrust FERC Siting

Posted on March 12, 2010
Eenews The nine-month survey of 11 state regulatory commissions and major national environmental organizations found that while both groups admit that the U.S. transmission system should be improved both for reliability and environmental purposes, they believe placing that power in the hands of the Federal Energy Regulatory Commission will lead to overly expensive lines that are not all necessarily needed...

Intermodal Facility Expansion in Massachusetts

Posted on March 11, 2010
Telegram As a result, Maurice O'Connell, vice president of government affairs for CSX, said today the company wants to expand its current freight facility in Worcester by another 28 acres, boosting it to 51 acres. To accomplish the expansion, Mr. O'Connell said CSX is looking to assemble 11 parcels of privately-owned commercial properties near the existing freight yard, as well as acquiring portions of public streets, he said...

Another State Federal Tiff

Posted on March 10, 2010
CFACT Under legislation Herrod introduced in the Utah House Feb. 11, the state would set aside $3 million to pursue its eminent domain case in the courts. Utah Attorney General Mark Shurtleff, who would lead the charge on eminent domain, wholeheartedly supports Herrod's legislation...

Wyoming Landowner Group Seeks Protection

Posted on March 09, 2010
Wyoming Energy News In Wyoming, a private entity can take someone else's private property for its own economic gain. This was the source of a lot of heartache among some ranchers during Wyoming's most recent natural gas boom. Some groups said rather than serving the greater public interest, eminent domain was invoked for limited corporate gains...

Gill Ranch Storage LLC (Pacific Gas & Electric)

Posted on March 08, 2010
CA.gov Gill Ranch Storage is a project being developed to serve the wholesale gas market in California. It will be located at the Gill Ranch producing gas field, near Fresno in central California. The Gill Ranch Storage LLC (Pacific Gas and Electric) has filed before the Public Utilities Commission its proposal to acquire land for a large gas storage facility...

Oklahoma City's Maps 3 Projects

Posted on March 05, 2010
News OK Assistant City Manager Cathy O'Connor tried to quell fears that the city would push out all landowners in the area. "This process does not mean we are going to acquire all the land in the Core to Shore area through eminent domain or urban renewal,' O'Connor said...

Utilities Get A Leg Up

Posted on March 04, 2010
Powell Tribune Under the bill, no one could use condemnation authority to erect, place or expand collector systems. An amendment to the bill exempted public utilities. Collector systems, according to the bill, are conductor infrastructure, including conductors, towers, substations, switch-gear and other components needed to deliver power from any commercial wind generating facility to transmission lines that send the power to a grid...

Industrial Parks in Detroit?

Posted on March 03, 2010
Crain's With an intensive acquisition process ahead — about 130 privately owned parcels remain at the site — an EDC board member is asking for a course change, suggesting that the 1999 plan to assemble an industrial park may be outdated in 2010 Detroit...

Metro Obtains Tower Site For Convention Center

Posted on March 01, 2010
Tennessean With Tower's cooperation, MDHA attorneys have filed an order to that effect for Haynes to sign, though the two sides will continue to argue about the parcel's value. Tower had challenged MDHA's eminent domain case, arguing that it was based on an incorrect determination that the land is blighted...

Tacoma Port Withdraws From Lawsuit

Posted on March 01, 2010
The News Tribune Johnson said that he hopes the port won't need to condemn property in the future. 'I don't like eminent domain, period,' Johnson said. 'My goal is to see if we can't do development without using that as a tool.' The port's real estate strategy has changed as the global economy has slowed...

Demagoguery At Its Best

Posted on March 01, 2010
AP The Utah House has approved a bill that would allow the state to take federally owned land through the use of eminent domain. Lawmakers approved the legislation 57-13 on Thursday. Republican Rep. Chris Herrod, the bill's sponsor, says the federal government violated its contract with Utah when it gained statehood by not selling the lands...

Detroit Trying To Get It Together

Posted on February 26, 2010
Detroit News Bing's staff said the mayor is in the beginning stages of forming a plan and cautioned it's too early to exclude options, including closing parts of the city, using condemnation or seizing land through eminent domain. But Bing is beginning to employ a targeted approach...

Kentucky CO2 Bill

Posted on February 25, 2010
The Daily Independent House Bill 213 is an effort to turn the most environmentally damaging aspect of coal production — the releasing of carbon dioxide (CO2) into the atmosphere — into a positive by helping to create a new, environmentally sound use for it...

Pennsauken Problems

Posted on February 25, 2010
Philly.com Grochowski maintains that the Pennsauken location gives the township an advantage. "There's only so much waterfront property. And everyone wants to be on the water," Grochowski said. "And we have the light-rail line stopping at the 36th Street station, which could be a transit center...

Rocky Mount Telegram-Jury Award Less Than Sought

Posted on February 24, 2010
The Rocky Mount Telegram 'I think that ($155,395) is probably more than someone would have paid for the house if they would have been selling it at that moment,' the foreman said. Throughout the trial that began on Monday, lawyers for the state argued that the homeowners did not hire their own appraiser to back their 'just compensation' figure...

CO2 Pipeline Proposition

Posted on February 23, 2010
IBJ.com The measure declares that the transportation of CO2 by pipeline 'is declared to be a public use and service, in the public interest, and a benefit to the welfare of Indiana,' citing its potential to reduce carbon emissions and to promote economic development...

St. Louis Northside Plan

Posted on February 19, 2010
KMOX At issues in the case, is whether the city and the Tax Increment Finance Commission did its homework before agreeing to give McKee millions in tax breaks. In opening remarks, one of the plaintiff's attorneys, Eric Vickers, accused the city of rushing the plan through without careful analysis...

Western Kentucky Acts Within Its Discretion

Posted on February 18, 2010
Kentucky News Western Kentucky University acted within its rights when using eminent domain to obtain a property on the 1600 block of Normal Street, according to an appeals court ruling. Friday morning, the Kentucky Court of Appeals released an opinion that upheld a Warren Circuit Court ruling, stating that 'the court did not err in concluding that WKU did not act arbitrarily or in excess of its authority' by using eminent domain to acquire 1672 Normal St...

Introduction of bills in NJ state legislature

Posted on February 17, 2010
Mondaq.com On January 12, 2010, the New Jersey State Legislature introduced four bills that indicate an intention to change eminent domain practice in the state. These bills are anticipated to help eliminate issues that have accompanied real estate condemnation in New Jersey in the past decade...

Indiana Bill Provides Private Firms the Right to Take Land for CO2 Pipelines

Posted on February 12, 2010
Indiana Economic Digest The measure declares that the transportation of CO2 by pipeline "is declared to be a public use and service, in the public interest, and a benefit to the welfare of Indiana," citing its potential to reduce carbon emissions and to promote economic development...

Environmental Opposition to Development

Posted on February 10, 2010
Shelby County Reporter "The Alabama Rivers Alliance asks that the planning commission recommend that the city council reject the proposal to undertake rezoning which would allow White Rock Quarries to engage in mining activities within the town limits...

Consensus on Gas Royalties

Posted on February 08, 2010
Richmond Times Dispatch "I'm aware of the problem," Cuccinelli, a Republican and former state senator who sponsored a bill changing Virginia's eminent domain statute, said in an interview Thursday. "It strikes a sensitive nerve for me because of the property rights issue, and the fact that government is essentially sitting on citizens' money," he said...

Condemnation of Roanoke Property to Proceed

Posted on February 03, 2010
Daily ME The Burkholders have argued that Carilion and the city of Roanoke plotted behind closed doors to take the land for what is now Carilion's Riverside Center and then pressured the housing authority to do their bidding. In its agreement with the city to buy and develop the former industrial area, Carilion had said it would buy the Burkholder and other properties to build its Riverside business park, which now includes the Virginia Tech Carilion School of Medicine...

Court Stops Drainage Project

Posted on February 01, 2010
Canton Rep 'The Court finds that there is no public necessity for the appropriation,' Park wrote in her 12-page ruling. The drainage issue didn't exist until the business park was created, and '...the public use is limited to the drainage of a street that will be used primarily by tenants of the industrial park or private entities that will build there,' Park wrote...

Airport suing for 5 acres of fruit

Posted on January 30, 2010
Herald Palladium Todd said the airport has been negotiating with the fruit market since 2002. "We're supposed to give landowners fair market value. Neither party issupposed to come out ahead, because this is taxpayers' money," he said. "Weknow we're going to impact them, so the offer was based not just on marketvalue but on how losing the five acres would impact them...

Eminent Domain at Columbia

Posted on January 29, 2010
New York Times The Columbia decision 'is the first thing that's happened in New York that suggests the threat of a change in our eminent domain law,' said Kathryn S. Wylde, chief executive of the Partnership for New York City, a leading business group...

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