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The Mahaska County, Iowa, Approval Of Wind Turbines Offers The Highs And Lows Of Wind Development

Posted in National Eminent Domain
First, the community was foolish enough to think it was required to grant tax abatement in order to retain wind developers.  The tax income derived from these turbines would be a basic support for agricultural communities during the “down times” that are bound to occur. The company cannot acquire easement area by eminent domain.  This … Continue Reading

Can Anything Stop Construction Of The New Bridge To Canada?

Posted in National Eminent Domain
Detroit Free Press writer, John Gallagher, did a correct and precise job of explaining the difficulties in the potential completion of the Detroit River International Crossing project. The question of whether anything can stop construction of the new bridge is probably best answered by our individual mortality.  The bridge will be built.  But other questions … Continue Reading

Missouri Owners Speak At PSC

Posted in National Eminent Domain
The Missouri PSC has held public hearings for landowners to vent their complaints against the proposed Grain Belt Express electric transmission lines. Much more than mere griping is needed.  A concise and fair explanation of why the line is going either in the wrong place or is not necessary is required.  The landowners seem to … Continue Reading

Pivots Cause Water Taking Issue

Posted in National Eminent Domain
The High Plains Underground Water Conservation Board in Texas has chosen to limit the amount of water to be removed from the Olagalla Aquifer.  There is a concern that the water is being removed faster than it can be replenished.  Even the experts probably do not have a full understanding of how the removal of … Continue Reading

Mortgage Bailout – Taking or Regulation?

Posted in National Eminent Domain
Pershing Square’s initiation of an action against the United States government for the stripping of profits from Fannie Mae provides the issue of whether Fannie Mae and its sister entities are effectively government agencies or really for-profit corporations. Those who invested in these companies thought they were buying something that did not exist.  If the … Continue Reading

A Promise Made, A Promise Never Made

Posted in National Eminent Domain
After reading the Columbus CEO article describing the recent Montgomery County Common Pleas decision, one would think that if the City promised that it would not condemn in the future, the promise would be binding. To the contrary, when it comes to eminent domain, a negotiated promise not to acquire in the future does not … Continue Reading

How To Sell Property To A Developer

Posted in National Eminent Domain
The real estate advisor for Fox Business provides an interesting question and answer about how one should try to sell a property to a party who seeking to assemble properties for a redevelopment. The article currently maintains that trying to sell quickly and early to a developer is not necessarily the best way to proceed. … Continue Reading

Central Ohio Inundated With Pipelines

Posted in National Eminent Domain
The fracking availability has made central Ohio a key area for pipeline construction.  The area is where almost everyone has to go to transport gas and oil from the new fracking areas to the refineries in Chicago, Detroit and Canada.  Todd Hill of The Mansfield Ohio News Journal has written a concise compilation of the … Continue Reading

Why The Montana PSC Intervened

Posted in National Eminent Domain
Public Service Commissions are generally granted the authority to control the regulation of public utilities within the respective State jurisdictions.  Appropriately, the Montana Public Service Commission intervened in the City of Missoula’s attempt to acquire its privately owned water company. The action is best presented with PSC engagement. This standard of review and involvement applies … Continue Reading

Rails to Trails Litigation Meeting

Posted in National Eminent Domain
A Kansas City lawyer working for a Washington based law firm is holding a public meeting in West Michigan, seeking out potential clients maintaining properties adjacent to the areas now being converted from railroad easements to trails.  Many of the cases have little value.  Many other ones are substantial. Having a lawyer from out-of-state come … Continue Reading

Alexandria Boat Club Settles Up

Posted in National Eminent Domain
The historic Old Dominion Boat Club of Alexandria, Virginia, has finally settled with the City.  This dispute has been ongoing for over five years. The last paragraph of the article is so interesting because it talks about the Club’s plans for special use permits and historical architectural board approvals.  Underlying the settlement process is likely … Continue Reading

Attack on Pennsylvania Fracking Continues

Posted in National Eminent Domain
In a recent blog article, a writer on Pennsylvania health and development issues wrote about the Commonwealth Court decision finding that the PUC was subservient to local ordinances on oil and gas administration. The Court held the clause in the statute providing decision making to the PUC was an improper exercise of state authority in … Continue Reading

Is California Applying The Minority Rule On Association Interest in Eminent Domain?

Posted in National Eminent Domain
In a well written article about motions in limine being used in eminent domain proceedings, Brad Kuhn of Nossaman reviews the recently unpublished decision of Verizon v Carrick. Maybe we are better off that the decision was unpublished. This is because a local association was excluded from the appraisal process while each individual owner in … Continue Reading

Pennsylvania Takes A Different Path On Local Control Of Fracking

Posted in National Eminent Domain
A recent Commonwealth Court ruling held that the Public Utility Commission does not have the authority to review local zoning ordinances. This is contrary to the constitutional and statutory framework in most jurisdictions. Most jurisdictions allow the State Public Service Commission, often called Public Utility Commission, to override local ordinances in order to provide uniformity … Continue Reading

The Use Of Eminent Domain By Universities

Posted in National Eminent Domain
The Northeastern Illinois University expansion will occur at universities throughout the country. Urban universities feel the need for expanded residential development in order to maintain the status and respect for their universities. Realistically, now that some universities are demanding dormitories near the university, we can foresee this demand at more and more universities. Some of … Continue Reading

The Missoula PR Blitz Continues

Posted in National Eminent Domain
In the most recent article of the missoulian.com, another attack is waged on the allegedly rich and greedy Carlyle Company. Realistically, water rates are increasing without regard to who owns these facilities. The national Clean Water Act requires maintenance of the water systems. No one should think that “going public” is the perfect antidote. Each … Continue Reading

The Downside of Anti-Energy Measures

Posted in National Eminent Domain
The Colorado Springs Gazette was correct in opining concerns with anti-energy measures.  The opinion skews against a wealthy congressman who has a summer home near a proposed oil production site.  But the article also notes the dissenting Chief Justice of the Colorado Supreme Court properly understood that the ballot proposal may not be constitutional.  The … Continue Reading

Concerns of Value Will Not Affect Public Service Commissions

Posted in National Eminent Domain
The Illinois Commerce Commission’s decision granting Ameren Transmissions authority to acquire property through the eminent domain process is certainly not unexpected. The notion of individual owners with just compensation issues to be handled at the ICC simply will not work. Public Service Commissions are in place to determine whether a project is necessary under the … Continue Reading