Real Estate & Property Law

Monday Eminent Domain Round-Up

By Robert Thomas (inversecondemnation.com)

Here's what we're reading today:

Government to condemn land for Flight 93 memorial - the latest controversy in the land in Somerset, Pennsylvania (photo at left) where United 93 impacted on September 11, 2001.  

Flight 93 panel member resigns over eminent domain - "A Flight 93 Federal Advisory Commission member has resigned because of the government's plan to take seven property owners' land for the memorial."

2d Flight 93 memorial board member resigns over 'eroded trust' - "Like Somerset County Commissioner Pamela Tokar-Ickes, who resigned earlier this week, Gregory Walker was one of the original 15 people appointed to the commission in 2003."

Land Taken Through Eminent Domain Remains Unused - "Seventeen years ago, Edward Smith and his family owned 40 acres of farm land off Interstate 55 in Canton. The Madison County Economic Development Authority saw the land as a prime location for an industrial park. But the land remains unused."

New York appellate court upholds Atlantic Yards taking - Goldstein v. New York State Urban Dev. Corp., 2009 NY Slip Op. 03930 (May 12, 2009) - "For the reasons which follow, we reject the petitioner's claim that the Public Use clause of the New York Constitution must be read literally to allow the taking of private property only where that property is to be held open for common use by all members of the public. We find that, on the record in this case, the condemnation does not violate the Public Use clause of the New York Constitution because it cannot be said that the public benefits which the Atlantic Yards project is expected to yield are incidental or pretextual in comparison to the benefit that will be bestowed upon the project's private developer. Accordingly, we confirm the determination to acquire the petitioners' properties by condemnation."

Full post as published by inversecondemnation on May 18, 2009 (boomark / email).