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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

Public Interest

Posted on November 16, 2009
The Badger Herald Most people would agree that taking someone's property against his will is immoral. Forcing your neighbor to sell his house, for instance — regardless of the amount offered — would be morally repugnant. After all, the essence of a fair transaction — a trade — is the consent of both buyer and seller...

Judge ponders consolidating

Posted on November 14, 2009
Gwinnett Daily Post A judge will consider consolidating two cases involving a controversial land deal to buy property for the McGinnis Ferry Road extension. Tony Powell, an attorney representing Old Peachtree Partners, asked Judge Debra Turner to consolidate the breach of contract case the county filed when the partners backed out of the contract with the county's condemnation case filed a year later...

Nashville is in for a fight

Posted on November 12, 2009
Nashville Business Journal Appraisers working for the Metropolitan Development and Housing Agency had the task of assigning values to several downtown properties that may soon give way to a new downtown convention center. Determining property value when comparable sales are few and far between can be a tough task, and one that, for up to seven parcels, may be in the hands of a jury...

Delaware Chrysler Site Purchased

Posted on November 10, 2009
Delaware Online The University of Delaware signed an agreement Friday with Chrysler to purchase the 272-acre site of the company's shuttered Newark assembly plant for the bargain price of $24.25 million. The university was able to get the property for a little more than half of its estimated value of $43 million by agreeing to accept liability for any environmental cleanup that might be needed...

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Columbia Gas Transmission 'flat out lying,' resident declares

Posted on November 09, 2009
Cumberland Times To Flintstone resident Billy Joe Mathis, the tactics employed by Columbia Gas Transmission and its efforts to find additional storage capacity for natural gas progressed to demands, intimidation, threats and outright lies. An Oct. 29 letter to Mathis continues from previous correspondence that 'as you are aware, (the company) plans to conduct seismic testing, in part to determine the feasibility of increasing the storage of its Artemas (Pa...

Just compensation is not a windfall

Posted on November 09, 2009
Kansas City Star A condemnation begun during downtown's redevelopment rush in 2005 has been settled, and while the market is decidely cooler, the owners of Gigi's Wigs & Beauty Supplies are $1 million richer. Chung Hoe Ku and Myong Suk Ku, the couple running Gigi's, will receive $990,000 from the city for the two buildings housing their business at 1219-21 Grand Blvd...

Columbia Gas may be called for a foul ball that is in the field of play

Columbia Gas may be called for a foul for a fair ball

Green Bay has a serious problem

Posted on November 07, 2009
Green Bay Press Gazette The state Supreme Court has declined to review a court ruling that Green Bay must pay at least $6.4 million in a case involving the city's efforts to redevelop the old Younkers building. Zima said the lost lawsuit could cost the city up to $12 million, although he didn't explain how he arrived at that calculation...

Sometimes acquisition agencies do it right

Posted on November 06, 2009
Link to complete filing The linked Petition by Blue Sky for certification and conversion of a previously operating gas production facility to a natural gas storage facility, states that it does or is about to own all fee/(landowner) rights and mineral rights by voluntary acquisition...

FMV in a Down Market

Posted on November 03, 2009
Read the Full article in PDF format Read the Full article in PDF format

Millions to Nowhere

Posted on November 02, 2009
The News Tribune Millions to nowhere Earlier this month the Port of Tacoma canceled plans to develop the Blair-Hylebos Peninsula and to build a terminal for NYK Line. It was a complex project that grew more so and eventually crashed as the recession hammered the shipping industry...

MoDot spending $2.3 million to get bridge right-of-way that city sold for $2

Posted on October 30, 2009
Lake Expo Online ST. LOUIS -- At least two years after engineers selected the route of ramps for a new Mississippi River bridge, a city agency agreed in 2003 to sell publicly owned land in that path to a developer for $2. The blighted property north of downtown, once used by a trucking company, fell in the LRA's hands in a tax sale...

Expansion of the Cunningham Storage Field Located in Pratt and Kingman Counties, Kansas

Posted on October 29, 2009
Many utilities have arrived at a conclusion that their storage fields effectively 'leak', or 'travel outside the original contemplated storage area.' We can find a number of recent filings such as the Pratt and Kingman County example above in which the gas storage companies are required to expand its area which serves as a 'buffer' in order to protect its gas interest...

Head I win, tails you lose

Posted on October 28, 2009
Oakland Press Consumers Energy says it plans to implement an interim natural gas rate increase of $89 million next month. The utility says the change would increase a residential customer's bill by about $3.50 a month, but because of lower natural gas costs the average monthly bill will be slightly lower than last winter...

Texans' dislike of eminent domain

Posted on October 27, 2009
Star Telegram On Nov. 3, Texans will have to decide just how much power government should have at its disposal to take private property for a "public good." Proposition 11 would, in theory, limit the power of the state to forcibly take a resident's property...

Rare Suit by a Community Against Its Eminent Domain Counsel

Posted on September 30, 2009
Green Bay Press Gazette The city of Green Bay has filed suit against a lawyer who advised it in 2003 during the city's condemnation proceedings with the old Younkers building. The city claims that Benjamin Southwick of Richland Center failed to correct an appraisal error that led to a $6...

Natural gas firm favored in ruling on south Sacramento storage

Posted on September 28, 2009
Sacramento Bee Sacramento Natural Gas Storage has gained ground in its bid to store billions of cubic feet of natural gas beneath a south Sacramento neighborhood. An administrative law judge for the California Public Utilities Commission ruled Monday that complaints that the company had misled the public and the agency earlier this year were without merit and will not be investigated...

Opening nears Sullivan County Mine

Posted on September 26, 2009
WTHITV Sullivan County resident Jim Taylor said the amount of money he received is not enough when the railroad claimed eminent domain, dividing his farmland into two parts. Plus, he is upset about the detour needed to get to the cemetery because of closing County Road 350 South...

The Russians are coming, the Russians are coming

Posted on September 25, 2009
New York Post The Atlantic Yards opposition group Develop Don't Destroy Brooklyn said this appears to be yet "one more deception from the untrustworthy developer," who for years, and as recently as earlier this month, said the team was not for sale...

McKee's Northside Redevelopment

Posted on September 24, 2009
St. Louis Business Journal The St. Louis Tax Increment Financing Commission will meet at 6 p.m. in room 208 of City Hall, 1200 Market St., to hold a public hearing for McKee's NorthSide plan, dubbed 'NorthSide Regeneration' in public documents...

Back for a second defeat, Pennsylvania Township Keeps on

Posted on September 22, 2009
San Gabriel Valley In asking the judge to nullify the land-use appeals, the township argued that the family lost ownership interest in the property when the county tried to use eminent domain in November 2005, according to court papers. Uhler disagreed in his ruling, saying possession of the property was never physically relinquished...

Fallston Residents Oppose Pipeline

Posted on September 21, 2009
Baltimore Sun Several Harford County residents are protesting a proposed gas pipeline that would run beneath their land by refusing to allow environmental surveyors hired by a natural gas company onto their properties. "This pipeline might be coming, but I am not going to help them," said Lisa Schneider of Fallston...

Competition for O'Hare?

Posted on September 19, 2009
DC Velocity State and county officials are banking on continuing growth in commerce and population—Will County is Illinois' fastest-growing county—as well as the multimodal nature of the project to carry the day. They also point to the success of Rockford, Ill...

Is Minnesota Next to Stop Takings for Economic Development?

Posted on September 17, 2009
Three businesses affected, U-Haul Co. of Minnesota, Larson's Automotive Repair Services and Competition Engines Inc., objected to the condemnation because it wasn't supported by findings of public purpose or necessity and that the city's use of the 'quick-take' procedure was improper...

Airport issues with Solbergs

Posted on September 13, 2009
Hunterdown County Democrat At last night's committee meeting, Don Baldwin asked, "When is enough, enough?" He said officials have "squandered literally millions of dollars" in legal fees in the battle with the Sol bergs. "When is the bleeding going to stop? When will the committee reduce its losses -- or more correctly our losses...

Philadelphia Airport Expansion Problems

Posted on September 12, 2009
Delco Times Questions of jurisdiction are holding up a Tinicum lawsuit filed last May in the Delaware County Common Pleas Court seeking a declaratory judgment on an 84-year-old statute that could keep Philadelphia from extending its airport further into the township...

The Classic: Environment v. Development

Posted on September 11, 2009
Billings Gazette The Montana Land Board is to decide on Sept. 21 whether to accept an appraisal of the state-owned Otter Creek coal tracts near Ashland. If the Land Board accepts the appraisal, it will set in motion the process for leasing Otter Creek coal...

Court Determines Governmental Decision Making Process Is Unacceptable in Pinon Canyon

Posted on September 10, 2009
U.S. District Judge Richard Matsch in Denver issued a ruling Tuesday overturning a 2007 environmental analysis of stepping up training at its Pinon Canyon Maneuver Site. The ruling says the Army didn't adequately assess the environmental impacts of the increased intensity and duration of training...

Forgetting Just Compensation Will Be Owed

Posted on September 09, 2009
Ohio Tribune WARREN - A visiting common pleas judge toured a proposed landfill site Friday following a court hearing in the continuing litigation that pits the city of Girard against the landfill proponents. Although Total Waste Logistics has plans for the 41 acres off U...

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