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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

Tiger Pipeline

Posted on July 09, 2010
Tigerpipeline.com The ETC Tiger Pipeline, LLC is expanding its delivery services. On June 15, 2010, they filed a certificate of public convenience and necessity to construct, operate and maintain the pipeline for 20.5 miles of mainline pipe looping...

Northside redevelopment

Posted on July 09, 2010
The St. Louis Globe Democrat noted that there was really no sense of urgency or certainty with the proposed McKee project. The comment of the city councilman of 'let's try it' allowed the judge to simply say this is not the type of standard to be used to acquire four square miles of property...

The Palm Beach Mall Battle

Posted on July 09, 2010
The Palm Beach Post article explains the likelihood that an acquisition of the closed Palm Beach Mall would be void as not being a taking for a public use. This writer is not sure of the validity of a take for 'blight removal', but notes that the issues raise substantial questions for many shopping center owners throughout the country...

Nevada Mining Suit Ends in Settlement

Posted on July 09, 2010
The Reno Gazette Journal recognized that there has historically been an understanding that mining was of 'paramount interest' to Nevada. Accordingly, this led to cause for protecting the mining companies and allowing the mining companies to acquire by eminent domain...

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Elena Kagan's ability to answer two questions

Posted on July 08, 2010
Investors.com George Will has decided to challenge Elena Kagan's ability to answer two questions. The questions are: In Federalist 45, James Madison said, 'The powers delegated by the proposed Constitution to the federal government are few and defined...

Wisconsin Abrogates Fair Market Value

Posted on July 05, 2010
If one was to fully understand the situation of the VFW lease, one would probably be appalled the VFW received nothing for its valuable rights for the next 50 years of control. Apparently, the tenant owner requested that some type of federal constitutional baseline be made allowing the owners to be compensated...

Boise State Neighbors From High Stock Analyst

Posted on July 03, 2010
Universities frequently need to expand. Medical centers and medical activities are key to research and development. All the research and development requires additional land. Therefore, to accommodate the need to expand, universities often use the eminent domain process...

Spectra - Meeting Held in New Jersey on Proposed National Gas Pipeline

Posted on July 02, 2010
Spectra addressed some of the issues in its attempt to acquire property for a profitable pipeline. Two important questions are; will people be treated fairly and will the ecology be protected. Bringing the pipeline along the environmentally tested Hudson River will be a challenge that the New Jersey community will have to face and carefully scrutinize...

Grand Valley State University Moves Forward

Posted on June 30, 2010
Grand Valley State University desires to expand its Grand Rapids campus. The former A&P warehouse is in its way. The article notes that the owner desired to cooperate in a joint venture in redevelopment of the warehouse, something refused by the University...

New York Takes its Own Kelo Route

Posted on June 28, 2010
New York courts have again determined that the notion of a proper exercise of a police power effectively is a blanket determination of 'blight' whenever the community finds it necessary to acquire property. The underlying issue will remain whether 'blight' is to have any real meaning in the context of Berman v Parker or if blight is just something a local community concludes exists for a property in order to obtain the property via the condemnation process...

Nevada Allowed a Seizure of Private Land For Mines

Posted on June 24, 2010
The issue of whether mines are a 'public use' within a state statute clearly is a decision each individual state jurisdiction must make. Kelo provided this decision on a state by state basis. Traditionally, Nevada allowed acquisition of land for mining purposes in order to improve and stabilize the economy...

Q&A: Alan Ackerman on Shrinking Detroit

Posted on June 23, 2010
Posted by Karen Dybis Wednesday, June 23, 2010 at 10:19 am 2 Comments • Related Topics: Detroit, Utilities, business, crime, housing , Detroit, Mayor Dave Bing, New York Times, The Detroit News, eminent domain, Census, Alan Ackerman, Bloomfield Hills Fascinating read from The New York Times this week about Detroit's reaction to downsizing the city...

Why you need to be careful what you say

Posted on June 22, 2010
In a recent West Virginia State Journal article, a property owner, who you would otherwise feel for, claimed that something extra should be paid because her family had retained the property for 100 years. However, negating any sympathy, the following article notes that the property was marketed two years ago, before the condemnation for the airport expansion was known...

Rep. Opsommer Speaks Out - Bridge Bill

Posted on June 18, 2010
Representative Paul Opsommer is an outstanding member and hard working participant in our legislature. He is concerned that the P3s will create toll roads. The reality in Michigan is that our roads are so horrible, that we may only get this worked out by recognizing that user fees may be the only long term way for us to maintain roads and build new roads when necessary...

Smartly, safely and fairly

Posted on June 17, 2010
The Emporia Kansas Gazette article, written by John Schlageck, is worthwhile reading. This article discusses the dangers involved in the acquisition process. The conclusion that the payment by ITC is a one-time payment is key...

Eminent Domain Running Amok

Posted on June 17, 2010
Every once in a while, abuse of the government is so strong that articles are published describing the ridiculous nature of the 'blight' findings as a basis for a condemnation. When properties are truly blighted, this writer has no problem in a condemnation occurring in order to clean up an area...

E.Lansing & China - Who Protects Property Rights More?

Posted on June 16, 2010
The issue of losing property because a central planner has a spec of the eye imagination is a problem everywhere. China is more densely populated than Lansing. China offers the situation in which the planners make the decisions, all to the dire consequence of the individual...

Sewer company Eyes Country Club Property

Posted on June 15, 2010
When one reads about the Brite Canyon Resource Recovery seeking to obtain nine holes of an 18 hole course, one has to wonder whether the condemning authority has any sense of what it is doing. The destruction of nine holes will make the remainder of this parcel worth far less than one-half of its prior value...

Lawyer recognizes serious problems regarding broker testimony of value in condemnation cases

Posted on June 14, 2010
David B. Snyder of Philadelphia's Fox Rothschild wrote a very short, concise and accurate synopsis on broker testimony for Lexology. The issue is a serious one in many jurisdictions. By example, some jurisdictions only allow licensed real estate appraisers to perform valuation analysis in eminent domain proceedings...

Gas Storage Companies Accused of Violations

Posted on June 14, 2010
Stating The Commission and Safety Division allegations below may be premised upon arguable misconceptions of what 'low opposition' is and whether there is a potential to condemn in the future are expressions potentially allowed under the 1st Amendment...

Citizens pay themselves for condemnation

Posted on June 11, 2010
The citizens of the Drainage District will be required to pay their own Resource Recovery Authority, which they are apart of, in order to obtain property. In this interesting article, one finds a locally elected public official at a loss to understand why outside counsel needs to be retained...

Call For Reform in New Jersey

Posted on June 10, 2010
R. William Potter provided the below opinion, calling 'inverse condemnation' the next battleground for reform. The article is an insightful one, noting extreme difficulties facing those who live in an area designated as 'blighted'. NJ Spotlight The owner of a printing company told me he couldn't get financing to expand his business to take on new orders...

A Cranbrook Senior Says Farewell

Posted on June 10, 2010
Thank you for giving my son a wonderful education. Cranbrook.com Between my freshman and sophomore year I contemplated transferring to a local public school—which would have been one of the worst decisions of my life. At the time I had a hard time dealing with having an ill parent, but I relied heavily upon school to get through this period...

Gas Fortunes in Future Litigation

Posted on June 10, 2010
If the Collingwood shale (9,500 feet below the surface) turns out to be an economically viable gas storage area, we can foresee the myriad of litigation which will ensue in Michigan. The issue of how far one can obtain gas, including entry onto adjacent parcels, will be litigated and relitigated for years to come...

Nashville Flood Way Project

Posted on June 04, 2010
Nashville Business Journal Mayor Karl Dean also announced 'an aggressive home buyout program' that will leverage state and federal funds to condemn and purchase homes in flood ways and flood plains, with the vision of clearing parcels and incorporating them into the parks system...

Will Philadelphia pass up Detroit

Posted on June 02, 2010
Philadelphia Inquirer A $5.2 billion expansion plan for Philadelphia International Airport over the next 12 to 15 years is designed to accommodate dramatic growth and help alleviate delays. The proposal released by the Federal Aviation Administration, sifted from 29 options considered in 2000, would lengthen two of the airport's four runways and build a fifth runway along the Delaware, where UPS now operates...

"Lose, Lose"

Posted on May 28, 2010
freep.com The state House narrowly approved legislation Wednesday that clears the way for building a span 2 miles south of the privately owned Ambassador Bridge, despite intense lobbying by its owners that delayed a vote for several weeks. Not a single Republican voted for the bill, which passed by the bare minimum -- 56-51...

Federal Task Force on Carbon Capture and Sequestration Issues

Posted on May 27, 2010
CPR Blog In order to store the billions of tons of CO2 a kilometer below the surface over millions of acres (which is what will be required to use CCS as a viable climate change mitigation technology) lawmakers will need to address the extent to which that subsurface pore space is in private ownership and, if so, how to acquire it...

Dublin Taketh, Dublin Giveth Away

Posted on May 25, 2010
Columbus Business First Dublin City Manager Terry Foegler said the city has spent another $21 million on other land acquisitions, right-of-way grants and engineering plans for the project, which carries an estimated construction budget of $24 million...

Adams, Massachusetts Attempts to Eradicate Blighting Influences

Posted on May 24, 2010
The Advocate There are other vacant buildings and storefronts throughout the downtown area, but these three are the major skeletons. No community should have to tolerate this kind of visual blight and virtual abandonment of major buildings in its downtown area...

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