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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

An example of the Kelo aftermath

Posted on October 22, 2008
thefacts.com Over the course of the project since its inception in the early 2000s, officials have debated the project’s need. The marina survived six years of political power struggles and court battles. Many opposed the city’s attempted use of eminent domain to secure dockfront property for the marina...

Gas Line in Southern Richland County

Posted on October 20, 2008
North Central Ohio The organization OPORR, Ohioans Protecting Our Resources and Rights, is fighting an attempt by Columbia Gas Transmission Corp. to take control of property rights in southern Richland County. The group held a public awareness meeting Thursday night at the Clear Fork Adult Center to discuss Columbia's proposal to expand its Weaver Gas Storage Field to the Federal Energy Regulatory Commission...

Good Faith Offer

Posted on October 17, 2008
News Dispatch MICHIGAN CITY - A judge has ordered owners of the Weber Sign Service and Icehouse properties to select an appraiser to determine the value of properties at the corner of Michigan Boulevard and Eighth Street. It's a win for the city, which has been trying to acquire those properties to begin development of the Trail Creek Corridor and had resorted to eminent domain to acquire them...

St. Paul Port Authority Taking

Posted on October 17, 2008
Twin Cities The St. Paul Port Authority, tasked with bringing business into St. Paul, is kicking out a profitable, tax-paying, unsubsidized, woman-owned, 48-year-old family business. It is a company that pays its 43 employees — nearly half of whom are union members — an average wage of $24 per hour with full medical benefits...

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Alternative Energy Exploration

Posted on October 15, 2008
Heartland Institute -This is an intriguing article. It questions the propriety of government tax benefits to the energy 'developer'. The problem is one of wobbly matched pairs. We have subsidized oil and gas exploration for over sixty years...

Kentucky American Pipeline

Posted on October 13, 2008
State Journal Four landowners opposed to the Kentucky American Water pipeline under construction in Franklin County are questioning the company's right to acquire an easement through condemnation. They're claiming that KAW "a private for-profit water company, does not, under Kentucky law, have the power of eminent domain to condemn easements on private property in Franklin County...

Rail Taking in Adrian

Posted on October 08, 2008
Daily Telegram An eminent domain claim was granted Monday in Lenawee County Circuit Court, giving the Adrian & Blissfield Rail Road Co. a small lot in Blissfield it says is needed for a new depot. Attorneys for lot owner Daniel Hacker objected, arguing the railroad has not proven a need for his property...

Airport pays for delay

Posted on October 01, 2008
The Morning Call The authority that runs Lehigh Valley International Airport now owes more than $24 million for 632 acres it took more than a decade ago from a developer that planned to build homes and a golf course, a Lehigh County judge has ruled. A jury in March decided that the Lehigh-Northampton Airport Authority owed WBF Associates $10...

Kentucky American Pipeline

Posted on September 26, 2008
State Journal Four landowners opposed to the Kentucky American Water pipeline under construction in Franklin County are questioning the company's right to acquire an easement through condemnation. They're claiming that KAW "a private for-profit water company, does not, under Kentucky law, have the power of eminent domain to condemn easements on private property in Franklin County...

Rails Condemnation

Posted on September 25, 2008
KCAU-TV Former South Dakota Supreme Court Chief Justice Robert Miller is questioning the legality of a 2008 state law aimed at speeding up the eminent domain process. At a hearing this week, Miller agreed with landowners who want more time to prepare for a hearing on the Dakota, Minnesota and Eastern Railroad's application to condemn land for its proposed $6 billion coal train and rail renovation project...

Tenants' Rights

Posted on September 22, 2008
South Town Star With negotiations over the Orland Plaza at an apparent standstill, Orland Park has begun condemnation proceedings against the owners of the village's oldest shopping center. Orland Plaza owners and the mall's tenants were notified Tuesday after the village board approved an ordinance Monday and filed court paperwork to begin eminent domain proceedings Tuesday...

Bridge Delays

Posted on September 17, 2008
Detroit News A legislative impasse continued Tuesday morning over the location and ownership of a proposed second bridge across the Detroit River between Detroit and Windsor, threatening to derail the 2009 state transportation budget and funding for road projects already under construction...

Casino Taking

Posted on September 13, 2008
The News Dispatch "I believe the end is near," Mike Bergerson, attorney for the Michigan City Redevelopment Commission, told commissioners Monday. He was talking about an end to legal wrangling between the city and the owners of Trail Creek property at the corner of Michigan Boulevard and Eighth Street...

Waterfront Taking

Posted on September 08, 2008
WAVY TV 10 On Thursday, there was a rally pitting homeowners against government. The Johnson's Crab House is in the cross-hairs of Portsmouth City Council, which has voted twice to condemn the property in order to turn it into a public park. Three generations of Johnsons own and operate the Johnson's Crab House - a place where you pick up live or steamed crabs and go...

Acquiring Property to Stop Development

Posted on September 02, 2008
Sherwood Voice Task force member Mary Peyton was interrupted several times by members asking whether she didn’t have a vested interest in the project because she was doing real estate work for another of developer Charles Hinson’s subdivisions...

Pennichuck

Posted on August 29, 2008
Nashua Telegraph Pennichuck Corp. has named Roland E. Olivier, a longtime corporate attorney, to a new position of general counsel to guide the company in its eminent domain fight with the city of Nashua. The company said Monday that Olivier also will direct Southwood Corp...

Asking Judge to Reconsider

Posted on August 27, 2008
Indy Star Hamilton County officials have decided they want a judge to reconsider his ruling in an eminent domain lawsuit that would provide additional parking in downtown Noblesville. Superior Court 1 Judge Steve Nation ruled against the county in July in its attempt to obtain land through condemnation of McMillan's Auto Care in the 500 block of Conner Street...

Clear Fork Valley Storage Field

Posted on August 22, 2008
WMFD TV- Click to see video A citizens' group formed in the Clear Fork Valley is ready to do battle with a corporate giant. Representatives of Ohioans Protecting Our Resources and Rights, called on the Richland County Commissioners to outline their disagreement with the Columbia Gas Transmission Corporation...

Detroit Bridge

Posted on August 19, 2008
Detroit News The Michigan Court of Appeals on Wednesday confirmed an earlier Wayne County Circuit Court ruling that the owners of the Ambassador Bridge don't have the power to condemn property for access improvements being undertaken through an agreement with the state...

Roundabouts

Posted on August 18, 2008
Hutchinson News By passage of a resolution, the Reno County Commission took the first step this week toward acquiring land by eminent domain for the future roundabout at 56th Avenue and Plum Street. Three parcels - on the northwest corner, southwest corner and east of the intersection - are involved...

Pinion Canyon

Posted on August 11, 2008
The Pueblo ChieftainRep. Mark Udall, D-Colo., is asking Defense Secretary Robert Gates for official assurances that the Army will not use condemnation in trying to acquire another 100,000 acres for the Pinon Canyon Maneuver Site northeast of Trinidad...

Pipeline In Pennsylvania

Posted on August 06, 2008
Altoona MirrorSpectra has begun work on a proposed natural gas storage field and pipeline system after being approved by the FERC last month.Shortly thereafter, however, residents who will be affected by the project contacted FERC with concerns, forcing the commission to order a rehearing and consider the issues they brought up...

Clearville Storage Rights

Posted on August 01, 2008
We Are Central PAA Texas-based company wants to put natural gas wells in Clearville, Bedford County, and they're trying to use eminent domain to do it. Some property owners there say they're being treated unfairly.Paul Stup and other several landowners had a lease agreement with a company PG&E...

Owner's Gas Storage Rights

Posted on July 31, 2008
Mirror TakesA Texas-based private natural gas company says it is filing for control of several Clearville properties after more than a year of unsuccessful communication and outreach with landowners who do not support its proposed project.Meanwhile, a major federal regulatory agency is concerned about the landowners' complaints and has filed for additional time and a rehearing addressing the potential project...

DTW plans on hold

Posted on July 23, 2008
Detroit NewsDetroit Metropolitan Airport is expected to end a bitter battle with Romulus leaders by shelving plans for a controversial fifth parallel runway the city claimed would displace 3,500 residents, close two elementary schools and wipe out nearly 50 businesses...

Fairness in the Judicial Process

Posted on July 18, 2008
STL TodayA St. Louis jury awarded $2.8 million on Friday to the former owner of two acres just north of the Edwards Jones Dome downtown in a fight over eminent domain. The city's Land Clearance for Redevelopment Agency condemned the two-acre tract after the owner refused sell it in 2005 for $523,000...

Pipeline Takings

Posted on July 14, 2008
Star TelegramWhen a gas drilling company wants a piece of land for a pipeline, its representative usually shows up at the owner’s door with a letter from the Texas Railroad Commission, stating that the company has a right to take the land.Pipeline companies can condemn land because they’re considered either utility companies, which serve the public the same as Atmos or TXU, or "common carriers," a legal term that means they carry oil or gas for anyone...

School Taking

Posted on July 07, 2008
Fosters Daily DemocratUntil September 2006, the option of expanding the middle school onto Alumni Field was believed to be off the table. A deed restriction on the property — which was donated to the city by the Peirce family in 1913 with the stipulation that it remain a park — requires the city to go through eminent domain proceedings to use the property for anything else...

Challenges to Legislative Change

Posted on July 01, 2008
Delaware OnlineMembers of the House and Senate have said a new eminent domain law is a priority. Last week, in an attempt to get the nod from Minner, both removed the state Department of Transportation, which condemns land for road construction, from the legislation...

Failure to Refer Vote

Posted on June 29, 2008
Sioux City JournalAn eminent domain law passed by the South Dakota Legislature this year will take effect Tuesday as scheduled. Secretary of State Chris Nelson says a group that wanted to refer it to a public vote was about 1,600 signatures short of the number needed to put it on the November ballot...

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