Real Estate & Property Law

Waterfront Taking

By Alan Ackerman

WAVY TV 10

On Thursday, there was a rally pitting homeowners against government.

The Johnson's Crab House is in the cross-hairs of Portsmouth City Council, which has voted twice to condemn the property in order to turn it into a public park.

Three generations of Johnsons own and operate the Johnson's Crab House - a place where you pick up live or steamed crabs and go.

For 14 years, the Johnsons have owned this business on Scotts Creek - one that's been on the property through other owners since 1913.

Their Attorney, Joe Waldo, is an eminent domain expert, "It's the old adage. The new guy comes in, and the old guy has to go. That's not right in America."

Eminent domain laws empower the state to take private property for public use.

…The problem now, there's so much bad blood between the two sides, a middle ground may not be reachable.

Again, we have the individual suffering at the unfettered power of eminent domain retained by the local government.  The worst thing about owning waterfront property which is allegedly "underutilized" is that the government will show up at the door to place the property to another use via the eminent domain process.

Full post as published by National Eminent Domain Blog on September 08, 2008 (boomark / email).