Real Estate & Property Law

Rails Condemnation

By Alan Ackerman

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...

Since the initiation of the process, the statute granting DM&E the authority to condemn has been attacked and challenged.  The taking is for a corporation ostensibly regulated, allowing for the activity even under Michigan’s Hathcock case.  However, the limitation on the court to a ninety day resolution raises issues of Due Process not only for the owners, but also the condemnor.

Michigan allows the court only thirty days to come to a finding.  Many courts therefore start the process and extend the hearings out until all parties are fairly heard.

Full post as published by National Eminent Domain Blog on September 25, 2008 (boomark / email).