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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

Lying to the Press and the Community

Posted on January 31, 2011
On January 28, 2011, this blog expressed concern that Nashville MDHA spokesman Phil Ryan's remarks that the agency was 'protecting the taxpayers' could bias the jury in an upcoming condemnation trial. At this project's inception, the MDHA assured the Metro Council that there would be no risk to taxpayers because a tourist tax would pay back the massive bond debt...

Is This Fair Press?

Posted on January 28, 2011
One cannot say for certain whether a Tennessee judge erred in excluding from trial the testimony of the property owner's appraiser and economist. A trial court should only use its broad discretion to exclude evidence that is clearly prejudicial or irrelevant to the question of valuation...

Montana Delegates Eminent Domain Power to Utilities

Posted on January 27, 2011
My guess is that the Montana Legislature suspended land acquisitions by electric transmission companies for a year because it knew they would not need the property during that time. Now that transmission companies have had the opportunity to negotiate with landowners and know where they stand, newly elected officials have reneged on their campaign promises to protect private property rights...

Wyoming Wind Power Debate Continues

Posted on January 25, 2011
Just days ago, I discussed Wyoming's moratorium on the exercise of eminent domain by wind power developers. Interestingly, national and local policy favors the growth of alternative energies like wind. But in Wyoming, the ban on eminent domain targeted wind developers alone, leaving gas and coal companies free to condemn land for their transmission lines...

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How to Rough Up Owners

Posted on January 25, 2011
Colorado Springs utilities want to acquire land for a water line easement. The Colorado Springs Independent makes it seem that landowners are holding out for far too much money. However, the paper relies on assessed value, which frequently has no relationship to fair market value...

New York Courts Helpless to Stop Eminent Domain Abuse

Posted on January 24, 2011
New York trial courts are concerned with the prevailing mentality that greatly favors developers at the expense of property owners. Unfortunately, these courts must defer to higher court decisions that protect expansive uses of eminent domain; such as falsely designating neighborhoods as 'blighted' to justify taking land for private economic development...

Montana Faces Difficulty in Reforming Eminent Domain

Posted on January 24, 2011
Like many others legislatures dealing with the expansive demands of utility infrastructure, Montana is having difficulty balancing the supposed need for new power lines and railroads against the alleged abuses of property owners. Of course, utilities are not always wrong...

Good Politics Meets Common Sense in Canada Bridge Expansion

Posted on January 20, 2011
Governor Snyder's support of a bridge expansion is grounded in good economics and common sense. Michigan can only benefit from this deal, as Canada will front Michigan's share of the construction cost and the new bridge would be an immediate shot in the arm for the State's anemic job market...

Texas Tries to Catch Up

Posted on January 19, 2011
A State Senator has refilled an eminent domain reform bill that would require an appraisal and a good faith written offer before condemnation, among other changes. Over the last half century, forty plus states have already initiated such reforms. It is puzzling why the State House of Representatives refuses to pass this bill, which any Texan who owns or leases property would support...

Governments and Railroads Battle Over New Terminal

Posted on January 18, 2011
Again and again, private companies heavily influence public agency decisions on major projects. However, despite the backing of the city of North Charleston, CSX Corp. failed to persuade the South Carolina Commerce Department to abandon its plan to build a new rail terminal that would offer equal access to freight operators...

Opposition to Detroit Downsizing

Posted on January 18, 2011
Opponents of Mayor Bing's plan to consolidate residential areas have reason for concern. The Michigan Citizen article questions the secrecy of the downsizing plan and whether it will treat homeowners fairly. The policy has dredged up memories of the infamous Poletown taking in the 1980s...

Kentucky Board Treats City Government Better Than Local Farmers

Posted on January 17, 2011
In Henderson, the city government objected to the planned construction of a power transmission line near a fire station. The transmission company purchased the fire station, allowing the city to build a new one elsewhere. Local farmers did not get such a good deal...

New Hartford, NY Business Park Expansion: A Balancing Act

Posted on January 17, 2011
All too frequently, private entities benefit from takings for 'public' use. In New Hartford, developers built a business park without considering a clear lack of access to vehicular traffic. The newspaper notes the importance of managing traffic in development projects...

Alexandria Waterfront Plans

Posted on January 15, 2011
The City of Alexandria has considered numerous incarnations for its new Potomac shoreline. The waterfront is the entryway for the City and could be a great draw for visitors. The City needs to move forward and treat property owners fairly if they must resort to eminent domain to complete this vision of a new waterfront...

Malls Expand

Posted on January 15, 2011
In previous entries, I discussed how communities struggle to deal with aging malls. These structures, no longer viable, destroy the economic fabric of the surrounding community. Of course, some malls are prospering and need to expand. Even though a mall is clearly a private commercial use, some operators may rely on delegated eminent domain power to increase their capacity...

Fight over Kent, Ohio Transit Center

Posted on January 14, 2011
Despite the comment of Bryan Smith of the Portage Area Regional Transportation Authority (PARTA), the community is not bound by its own appraisal. To the contrary, owners obtain separate appraisals because they believe the government's appraisal is incorrect...

Fighting Over Waterfront Property is Always an Issue

Posted on January 14, 2011
What is the highest and best use of waterfront property? Sometimes, existing industrial uses are highest and best. But all too frequently, the highest and best use is some other type of development, such as high rise apartments, a marina, or other use concomitant to a waterway...

Alaska Commission Approves Gas Storage Project

Posted on January 12, 2011
The Regulatory Commission of Alaska is in the process of setting a date certain for local utilities to acquire all property for a major gas storage project. The Alaska Journal of Commerce implies that property owners are improperly holding out and hindering this project...

Town Seeks Reconsideration Ruling Which Bars a Taking

Posted on January 12, 2011
Rocky Hill has it wrong. The Court followed a statute which requires that a good faith written offer in the negotiation process be followed. Why a city would not follow the approach in an appropriate fashion in beyond recognition. Every jurisdiction in the country dealing with a negotiation process requires a negotiation of some sort...

CO2 Bill in Indiana

Posted on January 04, 2011
The owners in Indiana are deeply concerned about CO2 sequestration on their properties. The reality is that the CO2 sequestration will likely serve as a temporary stop until the CO2 is used to expand oil production in other parts of the country. Star Press The bill establishes procedures for approval by the Indiana Department of Natural Resources of a carbon dioxide transmission pipeline and the use of eminent domain...

City of Eagan, Minnesota Wins

Posted on January 04, 2011
The City of Eagan has successfully obtained property in order to initiate a redevelopment project. While one is not concerned with the notion that the area is "blighted", and therefore should be cleaned up; there are concerns that the reason the area is called ‘blighted' is because there is an opportunity for an economic development project...

Municipalities are Responsible for Acts of Their Independent Agencies

Posted on December 14, 2010
Attleboro Redevelopment Authority, an independent agency from the City of Attleboro, with the veiled authority to acquire by eminent domain, simply has no money to pay its judgment. The property has been taken. The City should be responsible for the activities of the agency it controls...

Owners Fight Seizure of Horse Tracks

Posted on December 14, 2010
The articles discussing the closing of the Maryland race tracks spans all the issues known to mankind. This really is a classic chicken and egg situation. On the one hand the track ownership fought the licensing procedure; yet, the ownership desires the benefit of the procedure...

Downsizing Detroit

Posted on December 14, 2010
After delaying the process for a number of months, Detroit Mayor Bing is determined in moving forward with a downsizing project so Detroit becomes "right sized". The process will not be an easy one, but it expressed in the article, the project is worthwhile and the effort must be made...

Short Grand Forks Herald Article Raises the Issue of

Posted on December 14, 2010
In Grand Forks, it must be remembered that the flood plain problem creates an impetus for the community to lead the redevelopment effort. Urban renewal zones clearly are not favored anywhere in the country. Yet, if a city properly develops, with the local officials not choosing their best friends to do everything, the process can work...

Water Company Acquisition Completed

Posted on December 09, 2010
The Lake County, Indiana Post Tribune covers a story which is not often written about, but very important. In order to develop property, many developers are required to create their own water systems. The developer system is a utility, with both the rights and obligations as provided under the local statutory framework for utilities...

Maryland Horse Racing on Brink of Eminent Domain

Posted on December 09, 2010
The State is about to condemn the horse tracks if the horse tracks will not run during the coming season. Underlying this problem is the reality that horse racing simply cannot compete on an equal footing with the gambling casinos unless they have substantial help in the form of non-racing revenue, government funding or a way to find new clientele to replace the aging Damon Runyons of the world...

Administrative Judge Opposes Public Utility Application

Posted on December 09, 2010
In every jurisdiction, in order to acquire private property, a private profit-making corporation must be regulated. As such, pipeline companies, electric companies and the like are required to obtain public utility or public service commission designations as utilities...

Chesterfield,Virginia Airport Expansion

Posted on December 09, 2010
As with so many other communities, Chesterfield, Virginia is seeking to expand its airport. Making the process easier is a recognition that the Federal Aviation Administration pays for the excess costs. However, communities that want to increase their commercial viability look to airport expansions as a major source for relief...

City Considers Eminent Domain to Save Jobs

Posted on December 09, 2010
The posting by Molly Line in liveshots.blogs is fascinating. Here, we do not have a taking for a private purpose, but a taking so the employees can maintain their job. The intent is to not pay less than the fair market value, but bar at auction, which simply will destroy the community...

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