How would the public option outcompete private enterprise? Sep 30, 2009
Also, when it comes to transportation and recreation, the government has the right to eminent domain. And, of course, the government has the power to tax to support everything from education to transportation. (Atlanta Journal-Constitution -- Opinion)
Conn. land taken from homeowners still undeveloped Sep 26, 2009
(AP) -- Weeds, glass, bricks, pieces of pipe and shingle splinters have replaced the knot of aging homes at the site of the nation's most notorious eminent domain project ... In 2005, justices voted 5-4 against them, giving cities across the country the right to use eminent domain to take property for private development ... Some protesters even tried to turn the tables on now-retired Justice David Souter, trying unsuccessfully in 2006 to take his New Hampshire home by eminent domain to build an... (Concord Monitor)
Woman to fight city’s land claim Sep 26, 2009
Eminent domain case goes to court ... The city council voted twice in the summer to authorize the use of eminent domain, the procedure which forces the sale of private land to the government ... ApatheticKing wrote on Sep 25, 2009 3:26 PM:" Sue Stephenson again at the front of another problem. Freaking council of columbia needs this eminent domain shoved up there a$$ and then see how well the like it. Bunch of communist bastards. I hope they lose this case but im sure the judge will take the... (Columbia Daily Herald, TN)
Nets owner: Sale of team is final piece in move Sep 26, 2009
Ratner sees no problem in selling almost $600 million in tax-exempt bonds by a Dec. 31 deadline, and he does not believe a pending legal challenge to the state's use of eminent domain to assemble land for the arena will succeed ... There are three obstacles that stand in the way: Completing the tax-exempt bond deal, dealing with the challenge to the use of eminent domain, and getting the sale of the team approved by three-quarters of the NBA's 30 teams, something that seems likely with... (ESPN -- Basketball)
Riverwalk boon sought for area Sep 26, 2009
More recently, the city is considering using eminent domain to acquire some of the land for the project. McIntyre said she thinks a little less arguing and a lot more cooperation would help to make the project a reality. (Columbia Daily Herald, TN)
Leadership Views Offered Sep 26, 2009
Mr. Tinsley elaborated on what his proposed Economic Development Corp. could do, such as borrowing and loaning money, possibly buying and selling real estate, and the town's utilizing the right of eminent domain ... Mr. Davidson disagreed with Mr. Tinsley regarding eminent domain and said he also had "different views" about how Federal Road would be developed, saying that although it is zoned commercial-industrial he would favor "mixed use" there but acknowledging "traffic is a problem." As for... (Brookfield Journal, CT)
Conn. Land Vacant 4 Years after Seizure Sep 26, 2009
Supreme Court Ruled Eminent Domain OK for Private Development, but no Development has Gone Forward ... The lot, along with 90 nearby acres sits at the heart of an ongoing controversy about the rights of cities to use eminent domain to take property from one private owner for private development ... (AP) Weeds, glass, bricks, pieces of pipe and shingle splinters have replaced the knot of aging homes at the site of the nation's most notorious eminent domain project. (CBS News -- US)
County recreation plan updated: Non-motorized trail remains among top priorities Sep 24, 2009
Sullivan said it is very unlikely the county would use eminent domain to make such property acquisitions for many reasons including the political implications, the legal expense and the fact that most grants available for such purchases require that the purchase be made from a willing seller. Taylor and others, including some property owners along the route, have voiced strong opposition to the proposed non-motorized path along Boyne City-Charlevoix Road if it is constructed separate from the... (Gaylord Herald Times, MI)
City looks to buy Bell Federal building Sep 24, 2009
A proposed ordinance introduced into the City Council on Sept. 9 would give the citys Department of General Services the authority to negotiate a purchase or use the citys power of eminent domain to acquire the property by legal action. The ordinance does not specify what city offices would move into 79 W. Monroe but says the purchase is part of a long-range planning effort intended to consolidate the citys operations and to decrease rents. (Crain's Chicago Business)
Judge wants proof DM&E intended expansion project Sep 24, 2009
Claiming a rail line into Wyoming will not be built, a group of area landowners wants a circuit judge to tell the South Dakota Transportation Commission to reconsider granting the Dakota Minnesota & Eastern Railroad eminent domain. However, 7th Circuit Judge John Jack Delaney said that before he makes a decision he wants evidence that the commission knew there was a chance DM&E would not build the line to haul coal from Wyoming s Powder River Basin. (Rapid City Journal, SD)
Committee to consider Curley uses Sep 24, 2009
The town acquired the Curley property in 1970 through an eminent domain taking, attaching a condition that the land be used for municipal or school purposes. The 60-acre parcel abuts Breakheart Reservation off Walnut and Water streets. (Saugus Advertiser, MA)
No action taken on proposed P&Z change Sep 24, 2009
Tread slowly wrote on Sep 18, 2009 1:02 PM:" There has not been a change in use in the park. According to this article, the city can change the square footage required for a site to triple what it was when the park was built and the park would have to abide. I think this comes under all the eminent domain legislation that was passed awhile back. Can we spell lawsuit? ". WTF wrote on Sep 19, 2009 10:37 PM:" The fact is there are no provisions for violation and penalty in the zoning regulations.... (Benson San Pedro Valley News Sun, AZ)
Judge denies harassment claim against police Sep 23, 2009
But the group said police claimed the right to enter the property under eminent domain laws because of an adjacent city alleyway. One member said police then accused them of failing to have Allegheny County tags for two dogs that travel with the group. (Pittsburgh Post-Gazette, PA)
City to resume building Ridley Park Sep 22, 2009
apatheticking wrote on Sep 21, 2009 6:14 PM:" Susan Stephenson also is the main front runner in trying to pass eminent domain for the riverwalk project. Which is complete bull$hit for a freaking recreational sidewalk that would take away owners river front property. She voted down the resolution to make an alternate route for the riverwalk to avoid the eminent domain. All of this just so she could argue about it all and speak in the paper and hear herself talk. She mainly wants it to happen just... (Columbia Daily Herald, TN)
Roy Barnes on abandoning Capitol Hill Sep 22, 2009
His legislation against the state s abuse of eminent domain for private development purposes irked some deep-pocketed developers, but it won him the admiration of lots of folks who don t like big government infringing on their property rights. Chapman has my vote, plain and simple. (Atlanta Journal-Constitution -- Metro)
Titusville close to water pact Sep 22, 2009
The City Council will vote tonight on a settlement framework agreement for the Area IV Wellfield that would settle previous and pending litigation, including eminent domain proceedings, with Farmton Water Resources, a private utility company owned by Miami Corp.. Under the agreement, Farmton would pay $5 million for half of the design, permitting and construction of wells and the city would pay the other half. (Florida Today)
Arizonas Constitution gets good rating Sep 20, 2009
The report rated the Arizona Constitution highly in terms of court interpretations restricting the government s ability to seize private property, especially when it comes to exercising eminent domain on behalf of private entities. A 2006 ballot initiative that codified what courts had interpreted in the constitution reinforced that protection, Dranias said. (Sierra Vista Herald, AZ)
Herrera's power play - on video Sep 20, 2009
The price tag the jury gave the Hugo Hotel, which the city will acquire through eminent domain and plans to raze and rebuild. 17th and Shrader. (San Francisco Chronicle -- Crime)
Fresno tries new approach on pot shops Sep 19, 2009
Eminent domain: Ballot is a battlefield. One of two June 3 ballot measures concerning government's power of eminent domain would complicate the city of Fresno's ambitious redevelopment plans -- but supporters say that's just as well. (Fresno Bee)
Pipeline aids development Sep 19, 2009
Having to resort to eminent domain to buy property necessary for a project that will benefit the public often is difficult. It can involve forcing people to part with property they would rather keep. (Herald Online, SC -- Opinion)
Plant asks for state regulation Sep 17, 2009
This summer, Project Orange asked the state to condemn the property on which the university's steam facilities stand through eminent domain law. The university denied any wrongdoing. (Daily Orange, NY)
Letters: Art out the window? Sep 17, 2009
I'm happy to hear there is resolution in the city's eminent domain battle over property that used to house the Hugo Hotel at Sixth and Howard streets in SoMa ("Goodbye Hugo," City Insider, Sept. 15) - what hundreds of thousands around the world otherwise know fondly as the location of the art installation Defenestration (literally meaning throwing things from windows) ... Yet your article covering the property's eminent domain case makes scant mention of the significant art piece and its legacy.... (San Francisco Chronicle -- Opinion)
Bloggers' challenge: Are local private property owners too intense about keeping people off their land? Sep 17, 2009
"The question is no they are not overprotective enough. We are becoming more and more a Carl Marx society every day at the local level. Just as our Federal government is screwing over everyone who loves freedom, so is our local governments! Cache County just made property Taxes shoot up again with the worst timing possible. Local governments keep bringing up the "open space" BS every other year even though the people have said no twice at the ballot box. Many in local government want to stop all... (Logan Herald Journal, UT)
CITY INSIDER Sep 16, 2009
The family that owns the oddball landmark at Sixth and Howard streets isn't planning to appeal a recent jury verdict in an eminent domain trial that put a $4. 6 million price tag on the vacant building with furniture sprouting from its exterior, their attorney said Monday. (San Francisco Chronicle)
Jefferson City Schools to study second public high school need Sep 16, 2009
Or eminent domain and take some of the shacks to the west. " limerick54 wrote on Sep 15, 2009 10:26 PM:" boscoe: I am not communicating correctly, sorry. (Jefferson City News Tribune, MO)
Residents share high-speed-rail ideas -- civilly Sep 14, 2009
Residents worried about having their properties seized through eminent domain also came away with little new information about the right-of-way requirements of the proposed line. Spaethling said the rail authority has scheduled a series of workshops focused on the alignment of the Peninsula segment. (Palo Alto Online, CA)
Target sets 2010 opening for Newport Sep 10, 2009
Once a hilly, residential neighborhood, the property was purchased through eminent domain, razed and then leveled. The city of Newport issued $2 million in industrial revenue bonds to finance the $90 million project. (Cincinnati Business Courier, OH)
Unknown relocation date frustrates NJ Books owner Sep 10, 2009
But Thom Ammirato, an eminent domain activist assisting Mueller with the property condemnation, said he is unsure whether the issue is a financial one or not, but he questions whether the University is the one having issues with financing the project. I think the key question here is what is Rutgers financial commitment to the Gateway project, he said. (The Daily Targum, NJ)
McKee changes proposal Sep 10, 2009
Under a revised proposal submitted to the city Wednesday, any eminent domain would require legislation approved by the. North city residents have voiced concerns about being pushed out of their homes or businesses. (St. Louis Business Journal, MO)
Press Box in Beverly will be turned into housing for veterans Sep 10, 2009
The building had been eyed for eminent domain and demolition as part of an MBTA plan to build a parking lot and then later a parking garage for train commuters. T and city officials later backed off that plan when opposition mounted and the Massachusetts Historical Commission said the building was eligible for inclusion on the National Register of Historic Places. (Beverly Citizen, MA)
Road gets makeover in the name of safety Sep 10, 2009
Eminent domain procedures take 60 to 90 days, but negotiations continue in hopes the two sides can reach an agreement, Romo said. Big Bear City resident Lynn Wilson attended the public meeting Sept. 1. (Big Bear Grizzly, CA)
Supervisors go into closed session over tower and land Sep 10, 2009
The supervisors have discussed using eminent domain to condemn the land and acquire it from the current owners ... If the county condemns the land and makes a purchase under eminent domain, the owners of the land would get the fair market value of the land. (Fort Madison Daily Democrat, IO)
Lacking financial reports halt pair of appointments to mental health board Sep 9, 2009
In another vote, the board agreed to hire Paris attorney Mark Isaf to help State s Attorney Steve Ferguson with eminent domain proceedings for land for a road to Interstate 57. Member Doyle Anderson, chairman of the board s Road and Bridge Committee, said Isaf has experience working on eminent domain cases and Ferguson wanted the help because he s never handled such a case. (Mattoon Journal-Gazette, IL)
Recycling program, attorney hiring on county board agenda Sep 8, 2009
Also at tonight s meeting, the board is set to vote to hire an attorney to help State s Attorney Steve Ferguson with eminent domain proceedings for land for a road to Interstate 57 ... Meanwhile, the attorney being recommended to help with the eminent domain case is Mark Isaf of Paris ... The board s Road and Bridge Committee is recommending Isaf, and committee Chairman Doyle Anderson said Isaf has experience working on eminent domain cases for the Illinois Department of Transportation. (Mattoon Journal-Gazette, IL)
A Republican voice of moral recklessness Sep 7, 2009
As a freshman senator in 2005, he startled his Republican caucus when he became the fellow who had to be satisfied on the issue of eminent domain the power of the government to seize your property for the greater good ... The Senator s eminent domain and Jekyll legislation speak volumes about what the guy of man Chapman is. (Atlanta Journal-Constitution -- Metro)
• L.A. man left `piece of heaven,' returned to hell Sep 6, 2009
Johnson worries that the Forest Service will use the devastation as a pretext for taking the land by eminent domain. Neighbor Duncan Baird thinks his friend's fears are unfounded. (Burley South Idaho Press, ID)
No comments posted. Sep 6, 2009
The district acquired the 23-acre site north of Downtown at Taylor Yard by eminent domain in November 2007, then agreed in June 2008 to pay former owner Meruelo Maddux Properties $50 million for the land. The district had long sought to build the 2,295-seat school to relieve overcrowding at nearby high schools. (Los Angeles Downtown News, CA)
At cemetery, the plots thicken Sep 5, 2009
As a public district it also has powers of eminent domain but wouldn t want to use them, he added. Besides, even in a condemnation process the public agency has to pay fair market value for the land it takes, and the district doesn t have the money. (Lompoc Record, CA)
Not in their (beach)front yards Sep 5, 2009
At a town meeting set for Sept. 21, selectmen will ask voters for the authority to invoke eminent domain to reopen the stretch of Surfside Beach to drivers, an unheard-of use of this power on the island, according to Andrew V. Vorce, the island s director of planning. The town would not take the property, but it would take an easement - essentially giving itself permission to restore the previous rules: open 5 p.m. to 10 p.m. to vehicles with beach permits. (Boston Globe)
UP FOR AIR: What if a president vacationed here? Sep 5, 2009
The Neck would probably have to be taken by eminent domain. Chandler Hovey Park could be the launch pad for Marine One, and the yacht clubs could become bunkhouses for Secret Service. (Marblehead Reporter, MA)
Greenfield plans $60M project Sep 4, 2009
Boyea fears the city will use eminent domain proceedings to take over his property for far less than what it will take to relocate the business. There s nowhere in Greenfield where I can buy a similar location for this business, Boyea said. (Milwaukee Business Journal, WI)
SSJID renews bid to provide electricity Sep 4, 2009
"It's disappointing that SSJID is planning to spend even more taxpayer money on a risky plan to take over PGectric system through eminent domain, particularly during these difficult economic times," Nancy McFadden, senior vice president of public affairs for PGd in a news release. The district supplies Stanislaus River water to farms and cities, and it sells wholesale hydroelectric power from three dams. (Modesto Bee, CA)
Homeowners prepare for farewell Sep 4, 2009
Three couples forced to move as city buys property for replacement bridge. By November 2010, a new bridge should be open to traffic. (Sioux City Journal, IO)
Chapman joins GOP race for governor Sep 4, 2009
His well-publicized record of voting in accord with his principles rather than on the basis of party loyalty will serve him well as will his stance on the Jekyll development issue and fight to ensure that eminent domain is not abused by the state for the sake of private development projects ... He has shown that to be true with his record on eminent domain, Jekyll Island and his vote on the Georgia Power bill. (Atlanta Journal-Constitution -- Metro)
Tower troubles (13) Sep 3, 2009
John2 wrote on Sep 1, 2009 2:28 PM:" Does this mean people living in the historic houses can't install home theaters, or use Dish Network/DirecTV? Because, clearly any of those are "visual, atmospheric or audible elements that diminish the integrity of the property's significant historic features". On the other hand, if the neighborhood hadn't acquired historic status the county could simply claim eminent domain and tear down one of the houses to put the tower in its place. ". Historic St.... (St. Joseph Herald-Pallidium, MI)
Svonavec property acquired, but purchase price still in dispute Sep 3, 2009
Patrick Svonavec, attorney for Svonavec Inc., said he expects to take years fighting government attorneys based on other eminent domain cases he has researched. "> Curious? Search ScoutPA. lect> Your online website and business directory. Daily American Archive Search Search for an Event Search our Classifieds ? Svonavec property acquired, but purchase price still in dispute By VICKI ROCKDaily American Staff Writer Rating: 0 Wednesday, September 2, 2009 10:40 PM EDT The Department of Justice has... (Somerset Daily American, PA)
Feds begin process to acquire final Flight 93 property Sep 2, 2009
A clerk with the U.S. District Court of Western Pennsylvania in Johnstown said the papers were filed late in the afternoon, but they would not be available until Wednesday. Title to the Svonavec property passed to the National Park Service when the declaration of taking was filed. (Somerset Daily American, PA)
Huge crowd vents high-speed rail woes Aug 29, 2009
Morshed attempted to ease concerns about property along the tracks being seized by eminent domain ... "I'm not aware of any single home in the area (being) threatened through eminent domain." ... Run the thing through Rod Diridons kitchen-- he seems OK with using eminent domain on other peoples homes. (Palo Alto Online, CA)
BILL WOULD GIVE OBAMA 'EMERGENCY' CONTROL OF INTERNET Aug 29, 2009
This is like the government exercising eminent domain over the former DARPANet. The Defense Department is hardly required to deactivate a connection. (The Drudge Report)
Convention center authority buys more land Aug 29, 2009
Based on the negotiations thus far, Donohue doesn t foresee the need to acquire property through eminent domain. Private landowners indicated they want to be part of this process, he said. (Albany Business Review, NY)
Front Page to Back Page to No Page: the Outrage that Went Away Aug 29, 2009
Location: LA Reply # 1 Date: Aug 28, 2009 - 10:44 PM EST George Washington Any taking of private property without an eminent domain or a tax issue is UNCONSTITUTIONAL. Unfortunately, Obama abrogated the Contract Clause when he stole from Peter (the pension funds belonging to Indiana school teachers, policemen, and firefighters) to pay Paul (the UAW). SCOTUS allowed this egregious violation of the US Constitution. (Townhall.com)
DM&E puts on the brakes Aug 28, 2009
The lawsuits were filed before a change in the eminent domain law took effect in 2007 ... What we did yesterday was to voluntarily dismiss our eminent domain case, because we wont need the property requested in the action in the immediate term, Lovecchio said ... If we choose to pursue eminent domain in the future, we will. (Gillette News-Record, WY)
Legislators mull laws for Wyo wind development Aug 28, 2009
Energy and the Common Good wrote on Aug 27, 2009 2:42 PM:" Do it like oil and gas. Claim energy is national security. The wind estate takes priority over the surface estate. I hereby claim all wind in Wyoming to be mine. Here I come with my attorneys and my eminent domain papers to your pathetic little cow-calf ranch. ". Glen S wrote on Aug 27, 2009 3:20 PM:" I can tell you of wind energy in Wyoming. I am for green energy and when erected in the proper place, more power to you. I reciently sold... (Casper Star-Tribune, WY)
Judge: Further study on high-speed rail a must Aug 27, 2009
" You guys realize the ruling affirmed the peninsula route, correct? The ruling affirms CAHSR's EIR assesment eliminating Altamont, the Dunbarton Rail bridge, a new Dunbarton bridge, the 880 alignment, the 101 alignment, and the 280 alignment. There's two things in the ruling that CAHSR needs to address: the UPRR ROW issue between SJ and Gilroy, and a typo about vibration. All the other kitchen sink arguments were rejected. Posted by AndyDuncan, a resident of another community, 5 hours ago@Mary... (Palo Alto Online, CA)
Menlo Park, Atherton join suit against high-speed rail Aug 27, 2009
Eminent domain in those cities will add another $200 million (conservative estimate) to the cost ... f. The taking of public and private lands along the rail corridor by eminent domain. (Palo Alto Online, CA)
Mayor Breaks Tie on Resolution Aug 27, 2009
"I've always been straight with you about my position on this issue and on the issue of eminent domain," Adams told Lawrence. "When I was campaigning you asked me about eminent domain and I told you then that I was for it. I think the aldermen have not been straight with you." The mayor said when he wanted support from aldermen on a measure he wanted to put forward, he telephoned them one at a time ... "You need to get them stand on the dime." Lawrence, who is circulating a petition that would... (Missourian Publishing, MO)
Domain? Unknown Aug 26, 2009
Published: Wednesday, August 26, 2009 1:16 AM CDT Months of discussion about eminent domain proceedings for a rehabilitation project on county routes 7 and 7A have resulted in no decision on whether to proceed or not, if the project is truly cost effective, or whether to use the term eminent domain at all ... The idea of eminent domain is abhorrent to me, but I don t want to take it off the table ... If the decision by the DOT is repealed, eminent domain proceedings may not be necessary. (Hudson Register Star, NY)
Hearing will seek easement for park utilities Aug 26, 2009
An eminent domain hearing is scheduled for Sept. 10. Moreton said the point is just to be able to put the utilities through, not to take over the entire property. (Brookhaven Daily Leader, MS)
More of this story Aug 26, 2009
After voters approved improvements to Silver Lake and Price roads in 2005, the council directed staff to move forward with a roundabout design for the intersection but made the design contingent upon securing the rights of way without using eminent domain. In negotiations with the Glynnwood Homeowners Association, residents expressed their concern with the safety of turning left, from Price Road, into the addition and it was proposed to the city that a letter of agreement would be approved on... (Bartlesville Examiner-Enterprise, OK)
A Pandora's Box on Speech Aug 20, 2009
The book arises from an abuse of the power of eminent domain by the city of Freeport, Texas, but the story really begins in Connecticut ... In 2003, Royall signed an agreement with that city's government to build a yacht marina, hotel and condominiums using property the city would seize by eminent domain ... An experienced journalist (former associate editor of The National Law Journal, she has written for The Wall Street Journal, National Review and numerous other publications), Main has... (Townhall.com)
Former owner will reopen Richard's Aug 19, 2009
His voice and temper rise when he talks about eminent domain and the city's plans to replace Baskin's Auto Supply and other businesses just south of Chukchansi Park with town homes and apartments. "We don't want to go anywhere," says Baskin, 48. (Fresno Bee)
County mulls ag protection at 5 acres Aug 19, 2009
An agricultural protection area provides the landowner protections against eminent domain and legal action from unhappy neighbors, specifically nuisance lawsuits. to a Friend. (Logan Herald Journal, UT)
Commissioners eye property for new courthouse Aug 15, 2009
The county attorney is authorized to make offers for the payment of costs for moving structures; and is directed to file or cause to be filed proceedings in eminent domain and to acquire the tracts which cannot be acquired as aforesaid by donation, dedication, or purchase. A new courthouse can be constructed at a cost of about $24. (Rockport Pilot, TX)
Financial records back in town; furor remains over budget shortfall Aug 15, 2009
The board also passed a resolution in support of resident Susan Winchell-Sweeney in her fight against the county who want to cease a portion of her property under eminent domain as part of a project to repair and reshape county Routes 7 and 7A. Town Councilman Daniel Tompkins said he opposes eminent domain. The resolution states that they believe the county is using selective enforcement. (Hudson Register Star, NY)
Developer gets OK to start apartment project (128) Aug 14, 2009
Turk said the city is actively working to secure the remaining easement and would consider exercising eminent domain if necessary. Commissioner Kevin Thompson noted that the criteria for granting a variance, which are set out in the subdivision code, relate to design issues and not to timing or financial issues. (Boerne Star, TX)