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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

Keystone XL Threatens Nebraska Owners

Posted on December 01, 2010
Interestingly, TransCanada has chosen to go ahead and make offers, notifying those who do not accept within thirty days that the company will acquire by eminent domain. U.S. Senator Mike Johanns raised concerns about this procedure, and for good cause...

Wisconsin Redevelopment Challenge

Posted on December 01, 2010
Patrick McIlheran of the Milwaukee Journal Sentinel describes the disputing Greenfield, Wisconsin is one of a question of whether an area should be cleaned up so a part of Door County can have some redevelopment, or whether the owners should simply have their price demand met...

Effort to Redevelop Riverfront

Posted on December 01, 2010
As with so many other communities, development directors find the former industrial riverfronts as the most viable place for immediate and successful redevelopment. As with so many other communities, Tulsa has the difficulty of also having the policy of not simply acquiring ongoing businesses for redevelopment...

FAA Attacks Airport Lease

Posted on November 24, 2010
In the Youngstown Vindy.com article, writer, Ed Runyan, covers the issue of how to deal with a below market lease between the airport and a user. The airport may find itself in shock when it determines how important and how valuable a cross dock availability is on a property it may decide to condemn...

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Perth Amboy Faces Gas Pipeline

Posted on November 24, 2010
Jason Goldstein, on behalf of Liberty Natural, explains that parties may intervene in the FERC proceeding. This does not fully respond to the situation of whether people who will face the pipeline will really have an opportunity to be involved in the decision making process...

Cincinnati Attempts to Buy Estate Mansion

Posted on November 24, 2010
The City of Cincinnati can foresee its long term needs are to maintain the estates even if no longer desirable for residential purposes. These pre-20th Century mansions simply are too large and too cut up for a family ever desire to maintain the property...

Washington City Buys Land

Posted on November 24, 2010
Washignton, as with so many other states, has former viable commercial areas lying fallow. Federal Way city leaders chose to have a voluntary purchase pending an eminent domain proceeding in order to expedite the process whereby it will finally construct a performing arts and conference center...

Cordish Plans Meet Objections

Posted on November 17, 2010
Last year, this blogger wrote about the plans to HAVE Maryland use its power of eminent domain to acquire race tracks which would otherwise be closed. The problem in the process is that horse racing simply must face the challenge of the much more attractive gambling casinos expanding throughout the country...

LAX Modernization Plans

Posted on November 17, 2010
Los Angeles International Airport, as so many other airports, must deal with the needs for additional or improved runways. Further exacerbating the problem is the need for increased runway protection zones as mandated by the Federal Aviation Administration...

Great Berger and Burger Tradition Continues

Posted on November 17, 2010
The mlive.com article about the Berger family restaurant expanding and surviving on M-84 despite the eminent domain proceeding is enlightening. This is one of those rare circumstances where nearby land was available, allowing a four generation wonderful tradition to continue...

Flood Purchases in Columbus

Posted on November 17, 2010
The Columbus Dispatch article describes what would seem like a simple acquisition of homes in a flood zone. The problem with the purchase is that the problems of the flood zone, not of the making of the people in the area and probably unknown to them at the time they purchased the homes, may serve to diminish the value of the properties...

Grade Change Upsets Owner

Posted on November 17, 2010
The Oakport, Minnesota article from WDAY AM 970 describes what is always a concern to owners when there is flood avoidance infrastructure changes. Lifting the grade of the road may increase flooding for the individual homeowner, and may make access much more difficult for the property...

Novi Road Hits a Problem

Posted on November 17, 2010
In the article published in Hometownlife.com but not caught by the Michigan major properties, an expression of a problem must be read through the lines of the article. A major commercial road will be closed for seven months, necessitating chaos for the adjacent owners...

Why Private Redevelopments Do Not Necessarily Work

Posted on November 15, 2010
The law suit filed by an individual against the City of Philadelphia has an interesting ring to it. An individual bought property at a tax sale and intended to redevelop it. The community decides that another is better suited. Here, those favored by the community, successfully were able to present their desire for the development even though it meant the owner's loss of right to a property he had purchased...

Long Beach, CA City Council Moves to Redraw its Downtown

Posted on November 15, 2010
The Long Beach City Council is adamant about redrawing a one square mile in the City. The City has always been a weak sister of the other communities along the Pacific, and is, a weak link along the winding coastline as it now sits. The redevelopment by the community is not one in which there is a simple attempt to have the mayor's first cousin reap the benefit, but rather a long term plan for substantial change in the City...

Another Awful Federal Response

Posted on November 03, 2010
The Windsor Star author, Scott Webster, placed an article in which he stated that there is consideration being given to moving the DRIC route. If this happens on the American side, it would be world ending for dozens of businesses and people. No one knows what to do while individual lobbying entities push the United States Government around...

Proposal to Move Airport

Posted on November 02, 2010
The Waverly, Iowa City Council, as in many other growing rural communities, is attempting to ascertain whether the community is better off in moving an airport in order to expand rather than trying to expand where it is. This situation is also occurring in Charlotte, Michigan and many other outlining communities, where there has been some growth and an expanded need for airports or the FAA requirement of extra buffer...

Nevada Fight on PISTOL Continues

Posted on October 30, 2010
Vin Suprynowicz, a lead columnist for the Las Vegas News, did it right. He wonders why the yelling is so loud by governmental agencies which will be minimally affected by PISTOL amendment to the Constitution in Nevada, yet the same people maintain the project has no effect, for future activities...

Kinder Morgan Initiates Process in the Mt. Vernon, Ohio News

Posted on October 21, 2010
The article discusses what Kinder Morgan plans to do in the near future. A pipeline which will traverse 34 miles and 187 parcels may have substantial impacts on both the ecology and on the individual property owners. The assumption that Kinder Morgan can simply determine just compensation by an independent appraisal alone, with some "bonus" in its own mind for temporary disadvantages to the owners does not resolve all the issues...

California Farm Bureau Federation Gets it Partially Right

Posted on October 21, 2010
In an article written by Christine Souza, the Assistant Editor of the California Farm Bureau Federal publication, the writer covers a number of subject related to eminent domain. However, the comments made by the lawyer that agencies' appraisers go to the low side and owners are on the high side simply is not accurate...

Pipeline Intrastate or Interstate?

Posted on October 21, 2010
The attached article on the Windsor gas pipeline raises issues not covered in the pressconnects' article of Jon Campbell. The pipeline involved is less than 10 miles and therefore relatively minor as to length. However, the pipeline crosses through two states, being New York and Pennsylvania...

Eminent Domain Reform Fails Again in New Jersey

Posted on October 21, 2010
It is interesting to note that the States which suffer from the most patronation kick back indictments, ends up being the State which cites eminent domain reform. Is there a correlation between the "goodie hand out of eminent domain acquired property and the political patronage system? New Jersey has less than the best of reputations...

Coal Companies Lose Battle Over Gas Pipeline

Posted on October 13, 2010
A Sixth Circuit Opinion in American Energy Corp vs Rockies Express Pipeline LLC resulted in a determination by the appellate panel that the coal company could not challenge a proposed acquisition process outside of the Federal Energy Regulatory Commission Proceeding...

Crusading eminent domain lawyer a man of the people

Posted on October 13, 2010
Kermitt Waters, the outstanding eminent domain attorney of Nevada, is taking on the same challenge that occurred in Michigan six years ago with Proposal 4. The Nevada PISTOL - the People's Initiative to Stop the Taking of Our Land, is a harsh attempt to limit for private purposes...

Landowners Fighting Texas Pipeline

Posted on October 08, 2010
The owners in the TransCanada proposed pipeline in Texas are fighting the Keystone XL project. This is something that is going on in so many of the States. At least the PR firm hired by the pipeline recognizes that they have to answer some questions...

Mississippi Farm Bureau Attempts to Place Amendment on 2011 Statewide Ballot

Posted on October 08, 2010
Governor Haley Barbour vetoed a relatively moderate proposal which somewhat restricted condemnation of land for economic purposes. The Bill was not intended to be a total freeze on eminent domain proceedings, but offered the opportunity for some limitations on economic development and condemnation projects...

Indiana Owners Look to Fight I69 Expansion

Posted on October 06, 2010
The farmers between Evansville and Indianapolis are expressing their concern over the proposed condemnation of their properties. The article written by Linda Greene of the Bloomington Alternative, captures a case of how those opposed to the project are trying to unite in opposition...

Are Books Media or is There no Freedom of Speech

Posted on October 04, 2010
The Texas Appeals Court apparently had a lively debate of whether the 'Bulldozed' book was media and thereby protected. We have a horrible situation in which a community basically broke itself trying to develop docks at the behest of a big-time Dallas developer...

City Enters Powerline Discussions

Posted on October 01, 2010
Henderson, Kentucky officials are intelligently moving forward to discuss a proposed line traversing from Mount Vernon, Indiana to Sebree, Kentucky. This is an example of a pro-active government trying to mitigate the harm to the community working with the utility that has to site the wires somewhere...

CSX Intermodal Plans and Freight Yard Expansions in Effect

Posted on September 30, 2010
As noted in the article for Worcester Telegram & Gazette, the proposed expansion of CSX can really hurt individual owners. The question is how to protect businesses to allow them to survive when a larger user, which is a public use, arrives...

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