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National Eminent Domain Blog 
Covers eminent domain and condemnation.
Post Frequency: 2.8/day Last Entry: April 01, 2011 at 16:47:47 Recent Entries: 568
By Alan Ackerman
Go to National Eminent Domain Blog, find other Real Estate & Property Law blogs, or browse all law blogs.
Franklin, Vermont Border Crossing
Posted on May 20, 2010Burlington Free Press MONTPELIER -- The House unanimously approved a resolution Wednesday urging the federal government to back off on a plan to take farmland to expand a border crossing at Morses Line in the town of Franklin. The nonbinding resolution, previously approved by the Senate, calls on the Department of Homeland Security to reconsider plans to take by eminent domain land from farmers Clement and Elizabeth Rainville...
Quiet Border Passing Needs to be Expanded
Posted on May 18, 2010msnbc.com "Our airports, seaports, and land ports of entry are all part of an interconnected security network to facilitate entry and exit to and from our country," the agency said in a statement Tuesday. "When we fail to fortify one, we weaken the entire system, putting our national security at risk...
Eminent Domain in the Deindustrialization
Posted on May 14, 2010pjstar.com "It's sad, we'd like to be able to do something to help put people back to work, whether it's as a steel mill or something else," said Calbow, who also is vice president of United Steel Workers Local 7367. But after paying the firm about $12,000, the conclusion is that county governments don't have much ability to intervene in such situations, Calbow said...
Notice of Public Meetings
Posted on May 10, 2010stltoday.com House lawmakers approved a change to Missouri's open records law that would require earlier notice of select public meetings. The bill — which requires four days notice for meetings on tax increases, eminent domain issues, zoning, and sales taxes — passed in the House by a vote of 135-17, moving the bill along to the Senate...
Delay of Phoenix Deal
Posted on May 07, 2010The Phoenix Over 50 people attend the first night and less than 20 attended the second night of meetings. On second night the debate grew contentious when demands were made for the authority to proceed with eminent domain action against the Phoenix Steel Property...
Six Considerations for Condemnation
Posted on May 06, 2010Six Considerations for Condemnation Written by Alan Ackerman Friday, April 16, 2010 06:30 $(document).ready(function(){ $(".content_rating img.rating_image").click(function(){ $("...
Is Detroit Ready to Downsize?
Posted on May 04, 2010freep.com For months, the term "rightsizing" has been tossed about Detroit as a way to rein in costs and save tax dollars. While on the campaign trail, during his State of the City address and in interviews with local and national news media, Bing has heralded the importance of a long-term strategy that would use the city's 140 square miles more productively, calling such a move critical to Detroit's survival...
Zoning Near Airport Causes Lawsuit
Posted on April 29, 2010Star Tribune Residential development is no longer permitted and office towers would be limited to about 14 stories high, depending where they were on the roughly 60-acre site. That's about three to five stories lower than under the old zoning. The suit says the ordinance change derailed a family proposal for a combined office and multi-family residential project on the site...
Possibility of Property Being Returned
Posted on April 28, 2010sacbee.com Some Swanston family members say they've heard there may be something in that 1950 deed or in old court documents giving the family first rights to the land. Longtime Sacramentans have called The Bee, saying they, too, remember reading or hearing the story decades ago...
NJ Courts Require Cities to Update Blight Findings
Posted on April 27, 2010WPIX Businessweek Magazine reports that "the appellate court said Long Branch didn't satisfy stricter eminent domain standards created by a state Supreme Court ruling in a 2007 case in Paulsboro, in southern New Jersey." The magazine says because "Long Branch initially relied on a redevelopment study in 1996, well before the Paulsboro ruling, the city will be allowed to resubmit a development plan...
Water Debate
Posted on April 22, 2010Suburban Chicago News Bolingbrook officials say the moves concerning the water pipeline have come about because of the water rates being charged in the village. At a recent meeting, Mayor Roger Claar said Illinois American Water has sought from the Illinois Commerce Commission a 30 percent increase in water fees, which he called "a slap in the face of citizens...
The Limitations on Takings for Historical Purposes
Posted on April 21, 2010SWVA Today Norfolk Southern Railway Co. owns the 0.3 acres where the depot sits. Norfolk and Western Railway, which became Norfolk Southern, sold the building, but not the land, to Jones Farm Supply in the 1960s, according to court documents. The town's actions to get hold of the depot were brought on in part by an offer from the railroad, which said it would donate the land to the town if the town could obtain the station...
DRIC Plan and Eminent Domain
Posted on April 20, 2010"While the DRIC continues to hold great news conferences, they forget to tell what they lack to accomplish their goal," Stamper said. "DRIC claims they are ready to go," he said. "They didn't tell you that they own no land in Detroit and that they have to condemn 250 homes, 50 businesses and multiple nonprofits and churches...
Daniel Gilbert Wins Pulitzer
Posted on April 15, 2010Pulitzer.org Congratulations to Mr. Gilbert on winning the Pulitzer! I have commented on Dan Gilbert's articles in the National Eminent Domain blog at least four times this year, and a compilation of the series was included in the January 25, 2010 posting...
Delayed Challenge to Necessity
Posted on April 13, 2010Pittsburgh Live Municipal officials said they cannot comment on Auld's allegations because of the pending litigation. Jeff Hollowood, a lawyer representing the municipality, said council followed proper legal procedures and paid fair-market value for the property...
Condemnation of Federally Owned Lands
Posted on April 09, 2010WND.com He said the federal agency was hoping the county would wait with its action until the federal assessment and planning process was finished. The move came only days after Gov. Gary Herbert of Utah authorized the use of eminent domain to take some of the U...
Henry Ford Hospital Expansion
Posted on April 07, 2010Detroit News Reaction is mixed to Henry Ford's plans, which include expanding across West Grand Boulevard with a campus expected to include housing, retail, doctors' offices and research facilities. The health system has bought 85 percent of the land needed for the project...
Orland Park Case Raises Serious Issues
Posted on April 07, 2010Orland Park Prairie Orland Park will learn no later than April 26 whether nearly four years of Village Board executive session minutes can be viewed by the defendants in the Orland Plaza eminent domain case. Circuit Court Judge Sanjay Tailor said during a hearing Friday, March 12, at the Daley Center in Chicago that he has reviewed the minutes and will issue a written ruling by April 26...
CO2 Pipeline Opposition Grows
Posted on April 06, 2010Examiner.com Every year, Indiana emits 242 million tons of CO2, a gas linked to global warming, primarily through its coal-fired power plants. The state is looking for ways to address those challenges and create a cleaner coal technology. Sen. Beverly Gard, R-Greenfield, authored a bill authorizing the use of eminent domain to obtain property for CO2 pipelines...
Penn DOT's Difficulty in Purchasing
Posted on April 05, 2010TribLive "How much could I build for $105,000, if I wanted to duplicate this building? Probably not even the front wall," he said. "The concrete floor alone is worth about $20,000." PennDOT has filed in Allegheny County Court to take over Lieberth's property, Woods said...
Fight Against Private Water Company
Posted on April 02, 2010Homer Horizon Homer Glen has made plans to form a joint water agency with neighboring communities to look into the potential purchase of an 18-mile pipeline in Bedford Park owned by American Lakewater Company. The pipelinebrings water from Bedford Park via Lake Michigan to the south suburbs, including Homer Glen...
Developer Scams
Posted on April 02, 2010Boston.com During the meeting, Elsbree said Menino reiterated his earlier threat that the city will consider taking the property by eminent domain or revoking its building permits if Vornado and its Boston Partner, Gale International, do not resume construction soon...
Property Values
Posted on April 01, 2010NPN.com Property Values Alan T. Ackerman Owners of petroleum station operations throughout the country have been faced with the harsh reality of condemnation. As more and more land is being taken by the government for electrical, gas, highway expansion, water reservoirs, dam expansions and other uses, this issue will continue to resonate throughout our petroleum communities...
Everglades Replenishment Faces Obstacles
Posted on March 31, 2010Miami Herald Florida has one last, best chance to save America's Everglades forever. That is to purchase 72,000 acres of land currently owned and cultivated by U.S. Sugar. Yet, in her March 18 Other Views column Sugar deal has turned sour, state Sen. Paula Dockery, a Lakeland Republican running for governor, would have us squander this opportunity over petty jealousy and intra-industry politics...
Airport Regulations Activity
Posted on March 30, 2010Daily Inter Lake Unfortunately, the city has spent a lot of money in recent years under the supposition that it would ultimately be reimbursed by the FAA. Gates, however, said that will never happen unless the city expands the airport in order to meet the minimum FAA standards...
Fair Market Value During a Recession
Posted on March 26, 2010RE Business Online One of the great challenges in a recessionary cycle is reconciling the apparent contradiction between property values disproportionately impacted by the short-term realities of a lean marketplace and a more balanced and nuanced assessment of long-term value...
Implications of Economic Development in Urban Areas
Posted on March 24, 2010Urban Land Institute Detroit
Governmental Arrogance
Posted on March 23, 2010Roanoke Times The condemnation proceeding against land owned by Jay and Stephanie Burkholder should have been halted when Carilion came out late last year and announced that it did not need their property to complete its redevelopment of Riverside Center...
Opposition to Detroit Downsizing
Posted on March 22, 2010The Michigan Citizen The real problem with the proposal for shrinking Detroit is that it is being presented as though public officials just discovered that we have lost half our population. Most people in Detroit have been wrestling with this reality for years...
Greenhouse Gas Burial
Posted on March 18, 2010Starpress.com But if the state tries to deploy a new technology (carbon dioxide sequestration) in Randolph County to combat global warming, it will be met with strong resistance. After all, many citizens fear that burying vast amounts of "CO2 waste" deep in the ground is like sitting on an atomic bomb that could result in man-made earthquakes, asphyxiation and contamination of ground water...
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National Episcopal Church Gets Only Limited Intervention In Property Dispute
In Diocese of Central New York v. St. Andrews Episcopal Church, (N...
Eminent Domain in China: Private property rights law opens the door to capitalism
by Priya Prakash Royal'The revision of the property law delivers a...
SCOTUS Eminent Domain: 5th Amendment and fighting government retaliation in Wilkie v. Robbins
It’s hard to imagine what else property rights might mean, o...
Going Home: Remembering Long Branch eminent domain activist Anna DeFaria
While she waited for the next round in the eminent domain fi...
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