National Eminent Domain

National Eminent Domain

Eminent Domain and Condemnation

Category Archives: National Eminent Domain

Subscribe to National Eminent Domain RSS Feed

Posted in National Eminent Domain
Citizens District Councils have been a basic part of almost every State’s blighted areas Rehabilitation Acts.  These Acts were initiated in the 1930′s and 1940′s to clear blight in major cities.  Michigan’s Act was enacted in 1945. The whole notion of a Citizens District Council was one in which local community business people and residents … Continue Reading

American Transmission Company Moves Forward With Upper Peninsula Line

Posted in National Eminent Domain
In January, 2014, the Public Service Commission granted authority to the American Transmission Company to build a 138 kilovolt (Kv) overhead transmission line from Holmes Township in Menominee County to the Old Mead Substation in Delta County. The line is intended to improve electric reliability in the Upper Peninsula. This line will substantially affect a large … Continue Reading

Spectra Energy Initiates Entry Process For Major Nexus Pipeline In Michigan

Posted in National Eminent Domain
Spectra Energy has sent out notices to a number of property owners requesting entry onto properties in order to investigate the soils and conduct testing for its Nexus pipeline project.  While some say the entry is a trespass, the existing Michigan statutory framework does allow entry under certain given circumstances.  Realistically, Michigan has, to date, allowed … Continue Reading

Governor Speaks About Bridge Crossing On NPR

Posted in National Eminent Domain
The Governor provided a four-minute discussion with Craig Fahle of NPR about the bridge crossing.  The Governor stated that there has already been property acquired, probably meaning that the State of Michigan has obtained the City-owned foreclosed properties since all others are required to wait. The reality is that without Federal engagement, the Bridge Plaza … Continue Reading

Taking Beef To Slaughter With ET Rover

Posted in National Eminent Domain
There have been many angry articles about the ET Rover project.  This firm does represent property owners in the path of the Rover project, so we speak with biased breath.  The advice of outstanding Township lawyer, David Lattie, counsel for Atlas Township in Genesee County, Michigan, was for owners to obtain their own appraisals “early” … Continue Reading

Bidding Process Starts For Bridge

Posted in National Eminent Domain
A recent article by Mr. Gallagher at The Detroit Free Press would lead one to believe that the bridge contracts are being let. To the contrary, the funding must be completed. This funding will be come from the Quebec National Parliament appropriation process. The funding has not as yet occurred. However, funding is available to … Continue Reading

Kansas Judge Requires An Injunction

Posted in National Eminent Domain
Each State maintains its own system of challenging an eminent domain proceeding.  Due Process requires some method in which to challenge the propriety of a taking.  Many States have a challenge to necessity or some type of motion for leave to challenge. In Kansas, a County Judge stated that an Injunction was the only way … Continue Reading

Jim Kobza Was A Wonderful Lawyer And An Equally Wonderful Man

Posted in National Eminent Domain
The mlive.com article prepared by The Muskegon Chronicle regarding the passing of Jim Kobza should be noted in every eminent domain blog.  Jim worked as a government-side condemnation lawyer for almost 50 years.  He did an outstanding job, fairly and fully representing governmental agencies.  The article attached speaks well of him and his family life. … Continue Reading

The Major Pipeline Being Built In West Virginia, Virginia and North Carolina

Posted in National Eminent Domain
A consortium of four major gas pipeline companies has arrived at an agreement in which one pipeline will traverse West Virginia, Virginia and North Carolina.  This pipeline is intended to move fracked gas from West Virginia to the southeast. The pipeline will have major affects on land use.  One can fully expect that people like … Continue Reading

Why Did ET Rover Move From Oakland County to Genesee and Lapeer Counties?

Posted in National Eminent Domain
There are literally hundreds of property owners in Lapeer and Genesee Counties who are asking why Rover is suddenly appearing in their County after Rover originally planned to route its new pipeline adjacent to the existing Enbridge line 6B in Oakland County, Michigan. The answer is somewhat convoluted.  First, property owners outraged by the treatment … Continue Reading

Maine Property Owner And Recent Sales

Posted in National Eminent Domain
A Maine property owner has received an offer for double what he paid for a property only three years ago.  However, when looking at the change in the market demand for waterfront usage, one should recognize that these changes are so dramatic and immediate.  Original purchase prices of only a few years before may no … Continue Reading

The “Threat of Terrorism” Defense To Providing Property Owner List

Posted in National Eminent Domain
Federal statutes now provide that, in certain circumstances, the potential property owner list of those owners who may be condemned cannot be released.  The claim is that the procedure protects utility companies from the “threat of terrorism”.  This is probably an unrealistic approach because any terrorist organization will be able to find the route in … Continue Reading

ET Rover Changes Route

Posted in National Eminent Domain
Originally, the ET Rover route was to follow and parallel the Enbridge 6B Line. The route has now changed in order to avoid an eminent domain proceeding in Oakland County.  Rather, the route will be to the north, traversing Lapeer and Sanilac Counties before entering St. Clair County. Clarkston News It appears ET Rover isn’t … Continue Reading

Does The No Duty to Negotiate With Mortgagee Make Sense?

Posted in National Eminent Domain
The New Jersey Supreme Court recently entered a ruling in which it no longer requires the condemning authority to negotiate with mortgagees.  Clearly, this is not the rule in most jurisdictions given that most jurisdictions deem the mortgagee a party in interest and property owner.  One should recognize that the statutory delegation differs in each … Continue Reading

Dealing With ODOT

Posted in National Eminent Domain
Under Ohio law, ODOT is not required to pay or consider the assessed value of a property.  Each State has its own rules on the admissibility of appraisals and valuations for tax purposes.  ODOT’s determination is one of fair market value.  Frequently fair market value is more than the assessed value, but there are those … Continue Reading

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