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Category Archives: Ohio Eminent Domain

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Why Repair the Ambassador Bridge?

Posted in Michigan Eminent Domain, National Eminent Domain, Ohio Eminent Domain
  Jack Lessenberry suggests that the eminent domain will take care of the Ambassador Bridge safety issues. Realistically, the government of the United States or Canada should be allowed to properly determine whether there are safety issues with the existing Ambassador Bridge. Just as realistically, Mr. Moroun desires to build a new bridge as a… Continue Reading

Issues of Immediate Eminent Domain Seizure Without Appraisals in Ohio

Posted in Ohio Eminent Domain
Does Ohio provide the “quick take” provisions of the Ohio eminent domain statutory framework with the ability to acquire property with no real offer being made? At this time, the governmental agency can simply acquire by filing any estimate and proceeding to a condemnation. Most jurisdictions require an offer of not less than an appraised… Continue Reading

Balancing Federalism and Claims of Federal Control of Private Property

Posted in Michigan Eminent Domain, National Eminent Domain, Ohio Eminent Domain
  Rick Hills and Ilya Somin, two of the most respected Property Professors in the country, raise an interesting conflict as to whether the federal courts are the proper forum for the determination of state acquisitions utilizing the power of eminent domain. Given this author, Alan Ackerman, as a Michigan and Florida practitioner, one should… Continue Reading

Ohio Trial Courts Again Deal With Rights of Entry for Nexus

Posted in Michigan Eminent Domain, Ohio Eminent Domain
Nexus desires to survey property that the company desires to acquire. There is little choice but for the oil pipeline companies to move forward unless the companies know what kind of soils will be dealt with. Challenges of environmental hazards, especially wetlands, rivers and the like, make it mandatory for the pipeline companies to assess… Continue Reading

Can One Challenge The Army Corps of Engineers in Ottawa Township, Putnam County, Ohio?

Posted in Ohio Eminent Domain, Uncategorized
A number of members of the Ottawa Township, Ohio community are seeking to modify a proposed flood control measure to minimize damaged property. We all recognize that the Corps of Engineers has almost unfettered discretion to do as the Corps desires when it comes to the waterways. This is part of the original delegation of… 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

Underground Propane Gas Storage Expansion In New York

Posted in Ohio Eminent Domain
  The Finger Lakes area in New York is a beautiful and pristine community. Yet, gas storage facilities already existed and have been utilized as gas storage for over 60 years in the area. The expansion creates a hostile atmosphere to the proponents of propane gas storage in the area; i.e. the storage companies.… 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

Toledo Moves Forward With Water Plant Plans

Posted in Ohio Eminent Domain
Now that the City of Toledo is determined to acquire almost 30 houses in the Collins Park Avenue neighborhood in Toledo, questions are finally being asked. Without question, clean water is a basic necessity of our society. The federal government propounds mandates which must be followed. These mandates are necessary to protect the public from… Continue Reading

Ohio Farm Bureau Continues Its Positive Activities

Posted in National Eminent Domain, Ohio Eminent Domain
The Ohio Farm Bureau is sending a speaker to Seneca County, Ohio, to discuss the issues related to oil pipelines being located in the area. The Farm Bureau remains skeptical about this process given the difficulty the owners have had with pipeline companies in the past.,2013,Jun,04&c=n During the briefing Arnold will discuss developments involving interstate,… Continue Reading

Utilities Go To The Market To Obtain Alternate Energy Resources

Posted in National Eminent Domain, Ohio Eminent Domain
In a well thought out annotation in The Midwest Energy News, a posting by Ken Pauman covers a number of articles in which utilities are looking to take part in alternative energy resource production. A review of the article covers its annotation of many other important articles covering the subject. SOLAR: Utilities acknowledge distributed… Continue Reading

Opportunity Corridor Monies Move Into Place For Cleveland

Posted in National Eminent Domain, Ohio Eminent Domain
  Unlike almost any other local newspaper in the country, The Cleveland Plain Dealer covers one of the most important local issues. Transportation is where all of us seem to spend about ten to 20 percent of our time. Only The Cleveland Plain Dealer understands the importance of covering transportation issues. Every community needs a… Continue Reading

Detroit Canada Bridge to Benefit Michigan and Ohio

Posted in Michigan Eminent Domain, National Eminent Domain, Ohio Eminent Domain
  The Toledo Blade takes a somewhat different and even more positive outlook towards the Detroit International Trade Crossing/ DRIC Bridge than even the Michigan papers. The Blade recognizes the importance to Ohio of Detroit’s second international bridge crossing. It is interesting to note that the Ohio legislature passed a resolution supporting this proposed International… Continue Reading

Spectra Meetings Continue in Ohio

Posted in National Eminent Domain, Ohio Eminent Domain
As part of its OPEN route traversing Ohio, Spectra continues with meetings in the affected Counties. The Midstream gas project will be in Cleveland for the next two years. A large number of land acquisitions will be required throughout the route.   The Houston-based Spectra announced in December 2011 its intention to build a… Continue Reading

How to Handle a Major Spill

Posted in Michigan Eminent Domain, National Eminent Domain, Ohio Eminent Domain Spilling 200,000 gallons of crude oil is always a problem. However, one should note the quick reaction of Exxon Mobil in placing the booms to contain the oil and bringing in enough vacuum trucks to attempt a rapid and complete clean up. When utilities and oil companies want to work quickly to minimize the… Continue Reading

Toledo’s McCord Road Project Moves Forward

Posted in Ohio Eminent Domain
The Lucas County Road Commission, collaborating with the Ohio Department of Transportation, is moving forward to engineer and build its first railroad underpass. The complications in the construction of overpasses and underpasses are always substantial. Temporary roads must be built prior to the final project. The interferences with businesses can be substantial. Safety is issue… Continue Reading