Real Estate & Property Law

What Must Be Included In A Public Hearing Notice?

Posted on May 21, 2013
In a Columbia Heartbeat article, the author reminded readers that eminent domain may be utilized for the widening of Providence Road in Columbia, South Carolina. The reality is that there is no requirement that notice stating that eminent domain is to be used is necessarily required...

Another Angry Article Towards Pipeline Companies

Posted on May 21, 2013
In another of the many articles expressing anger towards a pipeline company, a Cameron Texas Herald newsman explained the anger and frustration towards eminent proceedings in the State. The weak, but anticipated, response of the utility company's counsel is amazing...

Another Proposed Condemnation Fails

Posted on May 15, 2013
The most certain way for an acquiring agency to fail on its condemnation in its eminent domain proceeding is to not follow a statute. The delegating procedure itself must be followed, but even if followed, a grant of the right to condemn by a body with authority is required in the jurisdiction where the condemnation occurs...

Foreign Company Takes Whuppin in Bridgeport

Posted on May 15, 2013
  Bridgeport is still enjoying the benefits of the Kelo decision and is seeking to benefit a prime developer by purchasing a nearby piece of property for assemblage. The market is the market. Sometimes, a property has value simply because of its size and it is part of a necessary assemblage...

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A Turnpike in Maine?

Posted on May 15, 2013
  http://freepressonline.com/main.asp?SectionID=50&SubSectionID=72&ArticleID=25680 The previous Legislature appropriated $300,000 to conduct a feasibility study on whether to build a 220-mile private toll highway through central Maine, from Calais to Coburn Gore...

Balancing Coal Against Existing Jobs

Posted on May 09, 2013
  Coal excavation offers a great chance to make a lot of money for affected ranch owners. However, construction of the railways through the coal areas will severely diminish the value of many farm and ranch operations. Cutting properties in half will create a far different economic unit than what existed prior to the proposed acquisitions...

Congressman Goodlatte Mistakenly Prefers Federal Controls

Posted on May 07, 2013
Representative, Bob Goodlatte, a Congressman from the Sixth District of Georgia, concludes that Kelo v. City of New London took away property rights from owners. The real question is did it allow property rights to be controlled by the State? The Supreme Court did not prohibit State action to limit eminent domain proceedings, rather it limited the Federal Court from taking jurisdiction over individual State's police power determinations...

Fair Market Value Can Change With a Different Highest and Best Use

Posted on May 05, 2013
Fair market value can change. Simply because the City valued a lot at $16 Million Dollars and simply because an Owner bought it 3 years earlier for almost the same amount does not necessarily mean that is the value of the property. The best thing an Appraiser can do is to be as fair minded and make his own determination on what he thinks the value is, and verify it should he chose, with a purchase price but within the last 3 years...

Case Led to Important Changes in Judicial Assignment System

Posted on May 05, 2013
    The Tower Condemnation in Nashville was first discussed in this blog 2 years ago. A system in which one judge handles all the eminent domains actions is something that occurs in many jurisdictions. The true problem, all too often, is the individual handling the eminent domain has an "oar" in the water...

Colorado Fight for Eminent Domain Delegation to Oil Pipelines Continues

Posted on May 05, 2013
  Colorado oil delegation fight continues by simply changing one comma in a statute to allegedly "rectify" a mistake, property rights have given rise to a serious debate in Colorado. How much delegation is there to be given to oil and gas companies? Clearly, the delegation was not there before...

Canton, Ohio Newspaper Article Discusses Condemnation Issues

Posted on April 29, 2013
In a report on the Bill of Rights, the CantonRep.com covered what has occurred in eminent domain proceedings in the Canton area. The article begins with the balanced thought that sometimes there is a public use and property needs to be taken. However, the issue of just compensation is one in which the article describes many circumstances in which the offers clearly were simply too low...

Failure of Maryland Town To Follow Statute Creates Dismissal

Posted on April 27, 2013
    As so often cited in this blog, State statutes requiring pre conditions, such as appraisals or written offers for negotiation will and must be strictly followed. Otherwise, the agency's attempt to acquire will be dismissed by the Court...

Creating Balance in Wyoming

Posted on April 24, 2013
  The Wyoming Legislature, recognizing the harshness of the eminent domain remedy and the oppressive strength of the oil and gas industry in the State, has provided a partial fix by legislatively attempting to protect owner rights. How this legislation will work in the long run is open to question...

Expense Versus Business Versus Environment Makes Route Difficult

Posted on April 24, 2013
Reading the Duluth News Tribune article about a proposed Highway 53 reroute explains the serious problems in choosing new locations for roads. Balancing the additional expense of a project against the environmental impacts and against the economic impacts makes route choice difficult under the best of circumstances...

Eminent Domain Wins A Race In Australia

Posted on April 24, 2013
It is too difficult for this blogger not to write about a horse named Eminent Domain, overcoming great illnesses, to win an important race at the Randwick Harness Racetrack in Australia. On the same day, please note that Black Caviar retired! http://wwos...

Clean Line Revs Up In Kansas

Posted on April 22, 2013
The taking of property for the Clean Line Energy Project expands already existing power line easements in many areas. The question will be one of whether the additional line has some incremental effect or is simply a continuation of the prior projects...

The Value of Underground Reservoirs As A Resource

Posted on April 19, 2013
As Texas is now learning, storage of water may be better underground than in open reservoirs. There is not as much above ground land being taken, the water is preserved indefinitely and underground reservoirs are available. Clearly, water preservation is a public use...

Flood Prevention Is A Public Use

Posted on April 19, 2013
U-Haul tried to challenge an acquisition of its property which was going to be utilized for the purpose of flood prevention. The Court of Appeals determined that the acquisition was for a public use. Although the attached article at Johnson City Press...

Detroit Canada Bridge to Benefit Michigan and Ohio

Posted on April 17, 2013
  The Toledo Blade takes a somewhat different and even more positive outlook towards the Detroit International Trade Crossing/ DRIC Bridge than even the Michigan papers. The Blade recognizes the importance to Ohio of Detroit's second international bridge crossing...

Spectra Meetings Continue in Ohio

Posted on April 17, 2013
As part of its OPEN route traversing Ohio, Spectra continues with meetings in the affected Counties. The Midstream gas project will be in Cleveland for the next two years. A large number of land acquisitions will be required throughout the route.   http://www...

Detroit Legal News Writes About Bridge Frustrations

Posted on April 11, 2013
  When will the NITC \ DRIC Bridge get a positive sendoff?   We are left with a decision from Secretary of State Kerry!  Below is the Detroit Legal News article on the subject of the Bridge. http://www.legalnews.com/oakland/1374519

Can Boulder Go Outside Of The Corporation Limits

Posted on April 10, 2013
  In an interesting question raised by Xcel in its fight with Boulder, the utility claims the City may provide utility service outside of the City limits without PUC permission.       http://www.bcbr.com/article/20130409/NEWS/130409916 Grosse Ile Bridge Michigan Supreme Court Order: http://www...

The Bridge is Bound to Happen - Matty Moroun's Failing Federal Suit

Posted on April 10, 2013
In another attempt to stop the second bridge span, Mr. Moroun is seeking relief from the Federal Bench, in maintaining that there is no authority in the Secretary of State to allow the second span to proceed. A copy of a portion of the Complaint is below...

When Taxation is Eminent Domain..Part Two, Detroit

Posted on April 09, 2013
On January 21, 2013, this Blog wrote about a situation in which taxation may be so overburdening that the activity is effectively a taking. Small property owners have little opportunity to challenge a tax assessment. The costs, efforts and delay are so excessive that almost no residential owners challenge the City of Detroit over assessments...

The Water Issues Percolates In Iowa

Posted on April 09, 2013
The balancing of water conservation is challenged by the question of whether private property should be lost for water retention. The reality is that the recreational purpose involved in the creation of retention lakes may not be a public use per se, but the need for water is so substantial in many States (such as Iowa), that the power to acquire via condemnation is a necessity...

The Mandamus Power Explained

Posted on April 08, 2013
Below is an Opinion of the Sixth Appellate District Court of Appeals in Ohio. This Sandusky County Appellate Division had a real understanding of the power of mandamus. Additionally, the panel clearly explains the procedural process for mandamus action in Ohio...

Fairly Paid for Easement?

Posted on April 08, 2013
    The Kansas Farm Bureau Legal Foundation lawyer, Mike Irvin, touched upon an issue of whether farms were simply subsidizing the electric and gas transmission industries. The reality is that owners are to be paid "fair" compensation...

Eminent Domain Delegation

Posted on April 08, 2013
In a Bandera, Texas, article, the author, quoting a San Antonio lawyer's explanation of what the authority to use eminent domain consists of and what the delegation includes, offers a very short, simplistic, but, for the most part, accurate synopsis of the eminent domain process...

Will Longmont, Colorado, Take The Next Step?

Posted on April 08, 2013
  The City Economic Director requested that the community approve a delegation of the power of eminent domain, a procedure which is necessary to move forward with any condemnation of the Dillard's store. This Blog has consistently posited that the taking of this privately-owned property simply for economic gain is not appropriate...

Is Alabama Going Backwards

Posted on April 04, 2013
An article prepared by John K. Ross offers an interesting set of questions. Inadequate street layouts, faulty lot layouts, obsolete platting and excessive vacant land may be cause for an eminent domain proceeding. However, to simply allow the government to acquire in order to turn the property over to private ownership, especially when the buyer is chosen only because the buyer is big enough to afford a large development, probably will not fulfill the Constitutional requirements of the Alabama State Constitution...

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