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National Eminent Domain

Eminent Domain and Condemnation

Category Archives: National Eminent Domain

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Title Disputes In Eminent Domain

Posted in National Eminent Domain
The St. Louis Public Radio article discussing the dispute over who owns the “McKee parcels” is a prime example of how an eminent domain statute is to work when title disputes exist. Almost every State has a procedure in which all parties who may have an interest in the property are notified of the condemnation,… Continue Reading

Raisins and Takings; An Interesting Mix

Posted in National Eminent Domain
The required set-aside for raisins, created by 1930’s legislation, is now met with the issue of whether a required set-aside is constitutionally infirm. I am surprised that the Solicitor General did not take the position that this akin to a “tax” and therefore a valid part of legislative process. This would fall in line with… Continue Reading

To Fight or Not to Fight: The Pipeline

Posted in National Eminent Domain, Ohio Eminent Domain, Uncategorized
The Toledo Blade offers an interesting conflict on the pipeline challenges. Without question, owners do not want the pipelines. Equally without question, the owners do not want to “give” up their property for nothing. Michael Braunstein, a noted and respected lawyer in Ohio, maintains that it is important that people obtain lawyers to fight for… Continue Reading

Can Chrysler Expand in Toledo Without Eminent Domain

Posted in National Eminent Domain, Ohio Eminent Domain
Prior to the post-Kelo limitation on eminent domain proceedings for private benefit, the Jeep Plant could have continued an expansion contemplated years ago through eminent domain. However, the limitations set by the Ohio Court decisions has required an alternative method of obtaining property. This is called the market. In all likelihood, Jeep will do what… Continue Reading

Michigan Supreme Court Finding That Public Pension Plans Are Not A Property Right Has Important Relevance to Municipal Bankruptcy

Posted in Michigan Eminent Domain, National Eminent Domain
In the recent Michigan Supreme Court decision opposing the changes to the Michigan pension system for teachers, the Supreme Court has found that “just compensation” is not to apply. This likely will mean that in the case of a future community bankruptcy in Michigan, the pension will not be a protected property right in Federal… Continue Reading

Outstanding Appraiser Article

Posted in National Eminent Domain
Bill Rothman, an experienced Pennsylvania appraiser, provided an outstanding appraiser discussion about eminent domain. Mr. Rothman describes the process under which individuals deal with pipeline eminent domain actions in Pennsylvania. Reading this article offers an interesting outline of issues for individuals losing property to an acquiring agency. Mr. Rothman provided an interesting alternative offering of… Continue Reading

Posted in National Eminent Domain
  Missoula may indeed have a right to acquire and control the privately owned water utility. But the simple argument that “this is owned by out of state people who will sell to other out of state people” does not properly deal with the issues of what is best for the community and what is… Continue Reading

Mackinac City Moves Forward with Eminent Domain

Posted in Michigan Eminent Domain, National Eminent Domain
After years of bickering with local property owner(s), the City of Mackinac is now attempting to acquire the “coal dock” property by eminent domain. This is something which will effect far more than a simple individual property in the community. http://www.mackinacislandnews.com/news/2015-02-14/News/City_Considers_Acquiring_Coal_Dock_by_Purchase_or_.html   The City of Mackinac Island has filed a lawsuit in 11th Circuit Court… Continue Reading

Nexus is Not Rover

Posted in Michigan Eminent Domain, National Eminent Domain
  Attached is the Nexus Gas Transmission Project Overview Map, Timing and Regulatory Process Information. The Nexus line will terminate at Willow Run. This is because there is another line which traverses from Willow Run through other lines into Sarnia, Ontario. At this time, the plan contemplates the filing of an application seeking FERC approval… Continue Reading

St. Louis Going the Wrong Way?

Posted in National Eminent Domain
The St. Louis Council has approved a proposed major project which would allegedly save 3,000 jobs in St. Louis. In reading the article, one is excited that St. Louis is worried about economic development, but concerned that there is no real blight that is being eradicated. This concern is exacerbated by she final comment that… Continue Reading

What is the “Larger Parcel”?

Posted in National Eminent Domain
  Brad Kuhn of the Nossaman firm provided an interesting analysis of what is the “larger parcel” in California actions. Along with the recent Nossaman Business Advisor article, attached is an almost thirty year old article on remainder damages in Michigan. This is because Michigan follows the “unity of use” to the fullest extent. In… Continue Reading

Las Cruces Reconsiders its Water Company Acquisition

Posted in National Eminent Domain
Due to the potential for antitrust and costly eminent domain proceeding,  Las Cruces, New Mexico now recognized the problems that it has created by seeking to destroy the Moongate water company water franchise. Originally, the community voted to acquire the water company. The fifteen year  franchise ended in 2003  Even after termination, the franchise maintained… Continue Reading

Payment of Compensation for Fracking Bans

Posted in National Eminent Domain
In New York, many of the local jurisdictions are seeking fracking bans under their police power, claiming that there is a safety issue involved. If a clear police power basis is involved, it is unlikely that compensation will occur. Yet, individuals had purchased property with the assumption that the property may maintain mineral rights which… Continue Reading

Delray District Meets Future Plans

Posted in National Eminent Domain
Despite the grievances over the environmental issues in the Delray district, one should recognize that the City of Detroit has intended the area between the Detroit River and I-75 to be an industrial area since at least the passage of the major Master Plan in the early 1950’s.  The south (or perceived) east side of… Continue Reading

Posted in National Eminent Domain
By simply seeking to acquire a transfer station because a community does not like the use does not suffice to say that just compensation must be paid. That transfer station is a very special use and may end up being a very expensive purchase for the District of Columbia. Does this District really understand what… Continue Reading

Posted in National Eminent Domain
In Hornell Township, Pennsylvania, a number of Burns Town members were elected, in part at least, on a slate that they would reverse the fracking moratorium. Landowners have the opportunity to receive substantial payments when fracking is performed under their properties.  The question is one of whether that is a “taking” in a constitutional sense. … Continue Reading