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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

The fight continues

Posted on January 12, 2009
WDEL 1150 AM A Wilmington auto repair shop owner says he'll try again to get the General Assembly to pass a bill limiting the government's power to seize properties under eminent domain. Ed Osborne told WDEL's Delaware Afternoon News the legislation is actually a combination of 2 bills...

Court Rules Against Pipeline

Posted on January 08, 2009
East Valley Tribune The owner of a single piece of property is standing in the way of a new natural gas pipeline to serve central Arizona. And a federal appeals court won't force the issue - at least not yet. Without dissent, the 9th U.S. Circuit Court of Appeals has rejected efforts by Transwestern Pipeline to get immediate possession of properties in the path it seeks for its 260-mile pipe...

Canadian Bridge Plaza

Posted on January 06, 2009
Times Herald Canadian officials are prepared to start a $54 million (Canadian) project to revamp the Blue Water Bridge Plaza in Point Edward. The project includes a 120,000-square-foot, four-story building to house Canada Border Services Agency, the Canadian Food Inspection Agency, commercial brokers and Blue Water Bridge Canada administrative offices...

Landowners fight over gas storage

Posted on January 05, 2009
Fulton County News Some southcentral Pennsylvania landowners fighting an eminent domain lawsuit to take their lowground mineral rights for an underground natural gas storage field say they feel they never had a chance to have a say on what happens to their land...

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Court Considers Mineral Rights

Posted on January 02, 2009
GJ Sentinel The Colorado Court of Appeals is considering a lawsuit questioning whether the state owns mineral rights beneath land it condemned for construction of Interstate 70 east of Rifle. Gypsum Ranch Co. LLC appealed the case after Ninth Judicial District Judge James Boyd issued a summary judgment in January in favor of the Colorado Department of Transportation...

NYRI Powerline

Posted on January 02, 2009
Wayne Independent The Upper Delaware Council, Inc. (UDC) delivered testimony at a November 5 public hearing convened by the New York State Department of Public Service in Hancock to gather input on the application by New York Regional Interconnect, Inc...

Authority to Condemn

Posted on December 29, 2008
Law.com Cliffside Park, N.J., filed a condemnation complaint in November to gain ownership of a private property in Fairview, N.J., it is renting for a Department of Public Works facility. The complaint offering $1.3 million for the property says Cliffside Park needs the land and garage as an interim facility until Cliffside Park and Fairview build a planned joint DPW facility in another part of Fairview with a county grant -- a project in the works since 2003...

Landfill Acquired

Posted on December 23, 2008
Orlando Press Despite years of public disdain for the government’s ability to acquire private property through the power of eminent domain, county lawmakers pushed forward to own the land encompassing the county landfill near Artois. With little fanfare, Glenn County Supervisors reauthorized the county’s use of eminent domain law Tuesday to obtain the land it leases and the additional property at the north end of the landfill...

Landfill Value

Posted on December 22, 2008
pa href="http://www.stpns.net/view_article.html?articleId=108510854432221511532"STPNS/a/p pemAfter spending the good part of a couple years sending offers back and forth, commissionersnbsp;span id="1229954382407S" style="display: none"nbsp;/spanauthorized eminent domain proceedings a few weeks ago on a property housing an old landfill site...

Landfill Value

Posted on December 22, 2008
STPNS After spending the good part of a couple years sending offers back and forth, commissioners authorized eminent domain proceedings a few weeks ago on a property housing an old landfill site. Monday, the landowner and his attorney met with commissioners to discuss the situation in person...

Future Expansion in Jacksonville

Posted on December 18, 2008
pa href="http://www.bizjournals.com/jacksonville/stories/2008/12/15/story4.html"Biz Journal/a/p pemspanspanJACKSONVILLE/span/spanspanspan mdash; The Jacksonville Port Authority is looking at alternative ways to acquire waterfront property for future expansion...

Future Expansion in Jacksonville

Posted on December 18, 2008
Biz Journal JACKSONVILLE — The Jacksonville Port Authority is looking at alternative ways to acquire waterfront property for future expansion. The authority is discussing with several property owners the possibility of entering a long-term lease or an owner-financing arrangement...

Property Split in Half

Posted on December 15, 2008
Loudoun Times Sam and Uta Brown soon may be in a position to answer the question, "Can a working farm survive inside town boundaries, with a major road running through it?" The Browns insist the answer is "No." Purcellville Town Manager Rob Lohr said the town has always worked and will continue to work with the Browns to preserve the farm...

Texas Developer Files Lawsuits to Bulldoze Freedom of the Press

Posted on December 15, 2008
www.ij.com Targets Include Book Author, Publisher, Law Professor Richard Epstein and Newspapers that Published Book Review Dallas, Texas-In perhaps the most striking example of a disturbing national trend, Dallas developer H. Walker Royall has launched a lawsuit spree to silence any media or public affairs commentator who dares expose his attempted abuse of eminent domain...

Condemnation Driving Urban Renewal

Posted on December 13, 2008
Maryland Daily Record For many people, the words “condemned building” bring to mind a creaky, dilapidated house with boarded-up windows and caution signs posted: somewhere you don’t dare go without a hard hat. But in Baltimore, the use of condemnation powers — otherwise known as eminent domain — has become synonymous with urban renewal...

AEP in Virginia

Posted on December 08, 2008
Forbes Sandy and Gene Byrd Harman own a 400-acre Black Angus cattle farm in Bland County, Va. that has been in Gene's family for five generations. Its view of rolling pasture backed by the virgin forests of the Blue Ridge Mountains has remained largely undisturbed for 150 years...

Poletown and Eminent Domain

Posted on December 04, 2008
The State Bar of Michigan will commemorate the 1981 Poletown decision (Poletown Neighborhood Council v. Detroit) on Tuesday, Dec. 2, as part of its Michigan Legal Milestones program highlighting significant legal cases in state history. A bronze marker will be unveiled at the ceremony that will take place at Polish National Alliance Council 122, located at 10211 Conant Street in Hamtramck...

Marina Liability

Posted on December 04, 2008
The Facts Economic Development Corp. board members soon will address the docks and sprinkler system required for the Freeport Marina’s completion, but the president of the board says they could run out of money before both items are completed. Dan Tarver, the new board president, said after the corporation’s meeting last week that the board and the developer, Briarwood Holdings, have yet to agree on who will foot the bill for all items past the $6...

Nevada's Battle against Kelo

Posted on December 03, 2008
Review Journal In response to the U.S. Supreme Court's 2005 Kelo ruling -- in which the liberal justices formed a 5-4 majority to OK government land seizures on behalf of private parties -- local attorney Kermit Waters put together a ballot initiative designed to limit such outrageous abuses of eminent domain in Nevada...

Airport Expansion in Philadelphia

Posted on December 01, 2008
Delco Times In his comments to the Federal Aviation Administration this week, U.S. Rep. Joseph Sestak, D-7, of Edgmont, called a proposed Capacity Enhancement Plan at Philadelphia International Airport “a poorly planned transportation project and a waste of taxpayer funds...

Is it really the highest and best use?

Posted on November 27, 2008
Three Village Times It looks as though the Courtesy Hotel may finally be coming down. The hotel property will likely be sold to real estate developer Trammell Crow Residential, which will build a 150-unit rental apartment complex on the site. The Town of Hempstead had been holding up the sale because the town supervisor and town board felt that the project was too dense for the area...

Seizure of Business

Posted on November 24, 2008
Vindy The city seeks to demolish the machine shop for a street extension for a YSU project. YOUNGSTOWN — The city law director wants a magistrate to hand over a small machine shop to the city under eminent domain, and then let a jury decide what compensation the shop owner should receive for his property...

Bulldozed- A must read

Posted on November 20, 2008
The Facts The ULTIMATE. Carla Main, an investigative reporter, wrote a riveting book about the abuse of eminent domain power in Freeport, Texas. Any reasoanble reader would find nothing defamatory as to any individual. The book, Bulldozed, dealt with the Texas oil baron who came back to 'redevelop' in his hometown (for profit)...

Utility Control

Posted on November 19, 2008
Wayne Independent The Upper Delaware Council, Inc. (UDC) delivered testimony at a November 5 public hearing convened by the New York State Department of Public Service in Hancock to gather input on the application by New York Regional Interconnect, Inc...

Willets Point Plan

Posted on November 13, 2008
NY1 The City Council voted late this afternoon 42-2 in favor of the controversial plan to redevelop the industrial Queens neighborhood Willets Point, shortly after the Council Land Use Committee's 19-2 approval of the plan. One council member abstained from voting...

Developer Bails in Indiana

Posted on November 11, 2008
Indiana Business Cleveland-based Fairmount Properties has pulled out of a $100 million redevelopment project in downtown Fishers, northeast of Indianapolis. The developer says the current state of the economy, combined with the number of homes which would need to be acquired, makes it difficult to complete the project in Hamilton County...

Clearville Gas Drilling

Posted on November 10, 2008
Altoona Mirror Ralph Blevins of Claysburg stood at a long table filled with materials on natural gas contracts and projects, picking up stacks of papers, skimming through them and trying to educate himself on what could happen to him in the near future...

Oklahoma Energy

Posted on November 05, 2008
Journal Record When it comes to oil and gas production, the Oklahoma Corporation Commission is the agency in charge of regulation. The Oklahoma Department of Environmental Quality is in charge of regulating emissions and uses of carbon dioxide. So who is in charge of regulation when energy companies use carbon dioxide to extract more out of oil and natural gas wells? What if an energy company branches into the carbon sequestration business, collecting carbon dioxide in empty wells? Both the state and the federal government are sorting through the issue as new technologies are expanding the number of lucrative uses for carbon dioxide...

D.C. bill allowing eminent domain

Posted on October 31, 2008
WTOP News WASHINGTON - The D.C. Council is considering a bill that would allow the city to use eminent domain to seize and redevelop nearly two dozen properties in southeast Washington. Legislation introduced by D.C. Council Member Marion Barry targets three areas east of the Anacostia River...

Placement of Transmission Lines

Posted on October 28, 2008
Salt Lake Tribune Bear River Valley landowners, angry over Rocky Mountain Power's route for a major northern Utah transmission line, have arrived at a sobering conclusion. “The power in Rocky Mountain Power means something other than electricity,” says Richard Nicholas, whose land here will be traversed by the 345-kilovolt line scheduled to begin construction soon...

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