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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

Intermodal Facilities

Posted on July 08, 2009
BLE.org Martinez noted that about 400 acres are available near the preferred site for development of a business park, which could accommodate companies that would want to locate to New Market to take advantage of the railroad facility. It would be Jefferson County's link to a system of rail lines and other interposal operations that Norfolk Southern is planning called the Crescent Corridor, Martinez said...

Flood Protection

Posted on July 06, 2009
InForum Former North Dakota Gov. Ed Schafer and several Fargo-area businessmen and politicians today kicked off a lobbying effort for a Red River diversion running through North Dakota to protect Fargo-Moorhead and surrounding communities from flooding...

Economic Development

Posted on July 04, 2009
North Carolina News Network State lawmakers could ask voters to decide whether the government should be allowed to take a person's land for economic development purposes. The power of eminent domain allows governments to seize private property for public use, provided the owner receives fair compensation...

Texas Saga

Posted on July 02, 2009
KFDA Amarillo, Texas- As expected, Texas Governor Rick Perry has called for a special legislative session. He announced Thursday that lawmakers will be called to Austin July 1st. The filibuster at the end of the last session to prevent a voter ID vote prevented two essential bills from getting passed...

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Blight

Posted on June 28, 2009
Roanoke Virginia Times "We're going to prove that Carilion and the city got together in advance and decided to make that land available for Carilion. And then, to satisfy the agreement, adopted the redevelopment plan," said Joseph Waldo, B&B's lawyer...

Undergroud Energy Storage

Posted on June 24, 2009
Des Moines Register Compressed air would be stored in a network of 13 wells 3,000 feet deep and then released at strategic times to turn the turbines on two 134-megawatt electricity generators. The stored energy project is promoted as not only a source of non-fossil-fuel energy but also a way to store some of the surplus electricity generated during nonpeak hours...

A Simple Apology

Posted on June 22, 2009
LoHud.com PORT CHESTER - The village apologized to a property owner today for improperly seizing his land a decade ago and officially signed an agreement that will pay him $475,002 and name a street after him. triggerAd(1,PaginationPage,14); "The village acknowledges the importance of this litigation and regrets the hardship it has caused Mr...

Assessed Value Compared to FMV

Posted on June 19, 2009
Business Week Assessed at $148,400; bought for $280,000. Assessed at $172,200; bought for $345,000. Assessed at $440,000; bought for $2.8 million. Yi's property assessed in 2007 at $88,200. The city is offering $100,000. What's wrong with this picture? City officials: Stop paying your attorney to duke this out in court and offer the man $200,000 plus the legal expenses he incurred so far to fend you off...

Airport Wants School Property

Posted on June 15, 2009
Gary Post Tribune But the School Board -- facing a fiscal deficit -- wants $3.75 million for the land. That's terribly unrealistic, even if the schools would choose to preserve the land and include it in its curriculum. The School Board now is taking the insanity to a new level by spending $30,000 on an appraisal...

Quick Take Proceedings

Posted on June 11, 2009
Daily Press In explaining the contract, city officials said the Hornsbys were already in the midst of expanding their business on land next door, so the city's offer not only had to consider the cost of the existing business and the planned expansion but also the number of jobs the new facility would create and its future growth potential...

Colo. governor blocks Army expansion on ranchland

Posted on June 10, 2009
Military.com DENVER (AP) — The Army's plan to expand a southeast Colorado training site is facing another obstacle now that Gov. Bill Ritter has signed a measure barring the use of state land for the project that is opposed by ranchers...

Underestimating Ohio Property

Posted on June 08, 2009
Newark Advocate John Boesch's house stands vacant along Ohio 161, with the only sign of life being the big yellow one declaring his feelings for the state transportation agency. Many of his neighbors lost their houses entirely to the new four-lane highway project, which is scheduled for completion in May 2010...

California Full Circle

Posted on June 04, 2009
Desert Dispatch California's budget problems are structural and require fundamental long-term changes. One such change, which could eventually make a $5 billion dent in the state's estimated $24 billion deficit, is a revamping of the state's redevelopment law, a 1950s-era relic that siphons away 10 percent of the state's property tax revenue and diverts it to developers who are subsidized to 'redevelop' shopping centers and vacant land...

Ohio Water Rate Hikes

Posted on June 03, 2009
Columbus Dispatch Assuming all the paperwork is in order, Ohio regulators will approve Ohio American Water's latest rate request -- an average 23 percent increase across 16 service areas in nine counties. That's the way state law works. When the regulated utility can prove and justify the expense, a rate increase follows...

Palmyra Obstacle

Posted on June 02, 2009
The Philadelphia Inquirer The 104 acres, called a mess by the borough, are central to plans for redevelopment. Now the company is suing. Consultants examining 189 acres targeted for redevelopment in Palmyra found the largest property owner's site in disarray...

345-kilovolt transmission line to carry electricity from wind farms

Posted on May 31, 2009
Enid News OKLAHOMA CITY (AP) — Two judges in northwestern Oklahoma have ruled for Oklahoma Gas and Electric in its attempts to gain private property through condemnation so it can build a high-voltage oltage transmission line. OG&E wants to build a 112-mile-long, 345-kilovolt transmission line to carry electricity from wind farms near Woodward to Oklahoma City...

Syracuse Macy's Condemnation

Posted on May 29, 2009
Syracuse.com A judge has struck down an attempt by the Macy's Department Store at the Carousel Center to collect more than $50 million from the mall's owner in a dispute over the building's expansion. Macy's filed a lawsuit in April 2008 accusing Carousel Center Co...

Warwick Runway Expansion

Posted on May 27, 2009
NECN Some residents of Warwick, Rhode Island have begun the fight against a runway expansion plan at the state's largest airport, T.F. Green. Federal officials have endorsed a plan to extend the main runway at T.F. Green Airport by 1,500 feet. A runway extension would accommodate jets with larger fuel loads -- such as those making nonstop flights to the West Coast and Europe...

Northwest Connector

Posted on May 21, 2009
Marion Star All of the Northwest Industrial Connector except an overpass will be done by approximately fall of 2010, Marion County Engineer Brad Irons estimated. The $17 million project, which once completed will link Ohio 95 West to Marion-Williamsport Road with a 2...

Tinicum

Posted on May 20, 2009
Delco Times U.S. Rep. Joseph Sestak, D-7, Of Edgmont, said Sunday the real linchpin to halting the Federal Aviation Administration's NY/NJ/PHL Metropolitan Airspace Redesign lies in Tinicum. Philadelphia, as owner of Philadelphia International Airport, hopes to acquire some 72 homes and 10 businesses in the township as part of a proposed capacity enhancement plan...

Ladfill Valuation

Posted on May 15, 2009
Choice ER With Glenn County's landfill nearing capacity, the Board of Supervisors Tuesday approved an environmental report and authorized the process toward expanding the facility. Glenn County Planning and Public Works has been looking for alternatives to expanding the landfill since 2005 because the facility is nearing capacity...

Landfill Valuation

Bankruptcy and Condemnation

Posted on May 13, 2009
News Leader CU wants to buy Spence's property -- and two other tracts owned by others -- to build a new bus transfer station at the corner of St. Louis Street and Benton Avenue. CU has tried to negotiate a sale with Spence, but the tract, the former site of the Arbor Hotel, is included in an ongoing bankruptcy case Spence filed with the court...

Barnett Shale Measures

Posted on May 11, 2009
Dallas News The first two bills aimed at natural gas operations in North Texas' Barnett Shale passed in the Senate on Tuesday. The bills, now headed to the House, are among a spate of legislation introduced this session to regulate various aspects of the industry, which channeled about $11 billion into the local economy last year, according to a recent report...

Condemnation of Land Leases

Posted on May 08, 2009
StlToday.com Spirit of St. Louis Airport soon will start buying 345 acres that it uses but does not own. The airport has received a $1.458 million federal grant for the first year of a three-year project to buy out the land owners. John Bales, the county's director of aviation, said the airport hoped to buy 100 acres this year, but the precise acreage won't be known until appraisals and negotiations are completed...

Power Line Expansion

Posted on May 07, 2009
Harvard Law Record President Barack Obama '91's plans for energy and climate-change policy could alter the balance of power between the federal and state governments, according to Adam White '04, an Associate at Baker Botts LLP who specialized in energy litigation...

Blight

Posted on May 03, 2009
WSJ.com U.S. Supreme Court rulings on property law don't often serve as clarion calls to wide swaths of the population. But most rulings aren't Kelo v. City of New London. States long have had the power to condemn private property for such purposes as building highways or bridges...

Texas Modification

Posted on May 01, 2009
Sealy News Texas representatives have added additional protection to landowners against eminent domain abuse by repealing the 'jury of view' process from the transportation code. The legislation, authored by Rep. Lois Kolkhorst, R-Brenham, repeals the powerful, but rarely used process known as 'jury of view', which local governments can invoke to remove important constitutional protections usually afforded to landowners...

First Amendment Encumbered

Posted on April 30, 2009
Leaf Chronicle The libel suit filed against members of the Clarksville Property Rights Coalition has been dismissed. In a ruling late last week, Sumner County Judge C.L. Rogers dismissed the libel suit filed by Richard Swift, a former City Council member, and Wayne Wilkinson, a member of the Downtown District Partnership...

Fallout from Energy Act

Posted on April 26, 2009
Right Side News As discussed in Fallout from the Energy Policy Act of 2005, Pt 1, the United States federal government is taking a more and more integral role in the distribution and transmission of electricity and in the energy sector throughout the U...

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