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)
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)
• 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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
State Sen. Glenn Hegar, above, speaks at an event Monday sponsored by the Calhoun County Economic Development Corporation. (Wave photo by John Verser) Aug 13, 2009
Hegar, a Republican from Katy, said eminent domain reform, legislation that would reform the Texas Department of Transportation and the Calhoun County groundwater conservation district bill were pieces of legislation that he thought should have passed ... For two sessions now, we ve talked about eminent domain reform ... Voters will have an opportunity to pass eminent domain reform in November when an amendment appears on the ballot. (Port Lavaca Wave, TX)
Lengthy Discussion on Eminent Domain Aug 13, 2009
Missouri Citizens for Property Rights (CPR) has proposed an initiative petition amending the state Constitution that, if passed, would prevent local governments from using eminent domain to take property for private use, such as subdivisions or shopping centers. Alderman Mike Bates requested time on the Aug. 4 agenda to hear a discussion on eminent domain and the efforts by the Missouri Municipal League to change the ballot language on the CPR petition ... CPR representatives and an official... (Missourian Publishing, MO)
Spruce trees still at stake in Copake Aug 13, 2009
Published: Thursday, August 13, 2009 1:15 AM CDT At a special meeting of the county Department of Public Works/Waste Committee Wednesday, no conclusion was reached regarding a discussion of eminent domain for a rehabilitation of county routes 7 and 7A in Copake ... Winchell-Sweeney and the committee came to a head in January when the committee authorized county attorney Tal Rappleyea to initiate several eminent domain proceedings in order to move forward with the project, which is federally... (Hudson Register Star, NY)
Historic North Easton shovel factory’s owners vow to build on site Aug 13, 2009
Turner said he has not recently discussed alternatives with town officials, and suggested that if the town wanted to preserve the buildings, officials should take the complex by eminent domain. That s an option they have, he said. (Boston Globe)
Property owners refuse to leave Iowa flood plain Aug 13, 2009
The city has said it won't use eminent domain to force the property owners off their land. But the U.S. Army Corps of Engineers could designate the properties as risks to the flood-protection system and force the owners to sell for pre-flood assessed values plus improvements. (Sioux City Journal)
Who are the 'Best Lawyers'? Aug 12, 2009
Darrell Waas, eminent domain/condemnation law ... Leslie Fields, eminent domain and condemnation law, real estate law ... John Sperber, eminent domain and condemnation law. (Denver Business Journal, CO)
Spotsy rejects mall road NEW: In a surprise move, county votes unanimously to cancel the Harrison Road Connector by the Towne Centre indefinitely. (10:12 p.m.) Aug 12, 2009
Some wore orange vests made out of trash bags and held signs that read "Stop Eminent Domain Abuse" and "Stop the SSD." ... Those who opposed the road said it was being built to benefit developer interests and that it could lead to a lawsuit over eminent domain. (Fredericksburg.com, VA)
LCRA vs Landowner rights (76) Aug 12, 2009
Were not our legislators aware of the potential problems this giant easement would cause when taken through eminent domain ... If we pass it, (and I bet we will) it will give landowners much stronger protection from government abuse through eminent domain ... pinelodge wrote on Aug 11, 2009 7:05 AM:" Well put. It points out again, the split personality of the Republican party here in Texas. While the party platform has a strong statement about limiting the use of eminent domain, Governor Perry... (Boerne Star, TX)
Writing on wall stark for adult bookstore Aug 11, 2009
SCHENECTADY -- Erie Boulevard's adult bookstore appears to be near its end as few people spoke in favor of keeping the structure at an eminent domain public hearing Monday night, and the owner's attorney said it will be difficult to argue against the city's plans for redevelopment ... The city hired a property rights consultant to run Monday night's hearing to ensure it met eminent domain procedure law. (Albany Times Union)
Baltimore seeks new bids for Pigtown site Aug 11, 2009
The property owner claimed its plans to take its land by eminent domain caused another buyer it had lined up to back out of a deal to buy the property for $340,000. The property owner withdrew its suit in August 2006 for undisclosed reasons. (Baltimore Business Journal, MD)
Hinds County in hurry to repair bridges Aug 10, 2009
The county wants to avoid eminent domain. Lauderdale County Administrator Mike Sumrall said the county had hoped to use all its state aid by the end of the year but many of the project bids came in "well under estimates.". (The Clarion-Ledger)
Not living off the land: Part-time farming the norm Aug 10, 2009
petef16 wrote on Aug 9, 2009 1:23 PM:" Great article Seth! It pretty well sums up why we fought so hard to keep our small farm property from being swallowed up through eminent domain its the intangible and seemingly irrational desire to reap a harvest. I look forward to what lies ahead when I retire from the military - the pull that I feel to start farming and working the land grows every day.Now we just have to resolve to fix the water issues (drinking and irrigation)... ".... (Hanford Sentinal, CA)
Initiative to navigate water issue Aug 8, 2009
The group, which bills itself as a coalition of landowners, sportsmen and related businesses, submitted one last week it said was intended to ensure that a fair-market value is paid to landowners in eminent domain cases and for land-use regulations. The latest proposal said the measure recognizes irrigation ditches as distinct from naturally occurring waterways in order protect the viability of irrigation-based agriculture, protect water quality and reduce litigation, according to its proposed... (Missoulian, MT)
Public hearing set for McKee development Aug 8, 2009
Deputy Mayor Barb Geisman said a development agreement will be finalized before the public hearing, which will address the possible use of eminent domain for non-owner occupied residential properties. We, the city, would rather not use eminent domain at all, she said. (St. Louis Business Journal, MO)
Quarry Owner Awarded $22.9 M Aug 8, 2009
9 M By: Scott Benjamin 08/07/2009 In a 50-page decision, Danbury Superior Court Judge B.J. Sheedy last week awarded $22,900,000 to Fairfield Resources for the 108-acre parcel that it used as a quarry operation on Laurel Hill Road until about five years ago, when the state took the property through eminent domain for $4 ... Her decision was critical of the appraisers used by the state Department of Transportation (DOT) to value the property, which had been owned by Rock Acquisitions, headed by... (Brookfield Journal, CT)
State Capital Highlights Aug 8, 2009
11: To allow the taking of private property via eminent domain for certain public purposes and to limit the Legislature s authority to grant the power of eminent domain. AG warns of clunkers scammers. (Rockport Pilot, TX)
Next stage of I-57 access road east starts Monday Aug 8, 2009
Last month, the County Board authorized eminent domain proceedings against Freda Christen of Mattoon, the land s owner, because negotiations didn t lead to an agreement for the county to buy the land. Johnson said he met with State s Attorney Steve Ferguson this week to discuss the issue and Ferguson said he d meet with Johnson again next week. (Mattoon Journal-Gazette, IL)
Local filmmakers up the ante again Aug 7, 2009
(The town is attempting to aquire the property, through eminent domain if necessary). "We have to conduct phase three environmental assessments to determine the extent of contamination on the property," Carpentino said. (Rocky Hill Post, CT)
Oregon mayor seeks input on carriage ban proposal Aug 7, 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 -- Nation)
Charles City sets meeting on eminent domain issue Aug 6, 2009
Though the council set a date for a special meeting to act on eminent domain, that step won't be necessary if the city and the Bills come to an agreement before then, City Administrator Tom Brownlow said. "We are still hopeful things will work out," he added. (Waterloo-Cedar Falls Courier)
Study: In Gwinnett condemnation cases, county and residents fared evenly Aug 6, 2009
It s hard to judge wins and losses without knowing what all the issues are, said Atlanta attorney Charles Pursley, who has handled eminent domain cases for 32 years and wrote a book on the subject. But if I m representing a property owner, I would certainly expect to do better than to split the difference. (Atlanta Journal-Constitution -- Metro)
Eminent domain issues raise questions Aug 5, 2009
Eminent domain proceedings may be undertaken in order to move forward with a rehabilitation project ... Published: Wednesday, August 5, 2009 1:17 AM CDT COLUMBIA COUNTY Minutes from the July 22 meeting of the Public Works/Waste Board of Supervisors committee state that a resolution was made to proceed with remediation work on County Routes 7 and 7A in Copake that may possibly include eminent domain ... The county has held public information meetings on the remediation project for the past... (Hudson Register Star, NY)
Group proposes initiative targeting eminent domain Aug 5, 2009
HELENA The United Property Owners of Montana filed a proposed constitutional initiative Friday that its backers say would ensure that a fair-market value is paid for eminent domain and land-use regulation. It filed the proposed 2010 ballot measure Friday with Secretary of State Linda McCulloch. (Montana Standard, MT)
State Must Pay Owners Of Brookfield Quarry More Than $28 Million Extra Aug 5, 2009
The DOT served notice in 1997 on the quarry owners that it needed to take the land by eminent domain for the new highway bypass, and intended to take possession by 1999. The owners tried to persuade the state to use an alternate route that would allow them to continue what promised to be a lucrative business because of significant stone deposits on the property. (FOX61, CT)
Higher taxes for all Orcas residents and eminent domain could be at stake in Port issue Aug 4, 2009
They either do what the FAA wants and fence people out by enacting eminent domain or they just say, no ... The port commissioners could do that by exercising eminent domain and taking easement access rights from the homeowners deeds ... No one wishes to use eminent domain because of extreme legal costs and bad will associated with such actions. (Enumclaw Courier Herald, WA)
Israel Evicts 50 Palestinians from Homes Aug 4, 2009
Even in eminent domain cases, negotiations take place and money changes hands. When God stated, "Thou shalt not steal", I would imagine that he was speaking about larceny of many types. (CBS News)
LETTER: Government dealsbenefit few, cost all Aug 4, 2009
5 million in some people s pockets, 595,000 profit for one couple, while not too far away another piece of ground is taken by eminent domain, for an unnecessary road under the guise of being needed for truck access to plants. What plants, the ones that are now closed. (Mattoon Journal-Gazette, IL)
Scaled-back pipeline proposed for Washington side of Columbia Gorge Aug 4, 2009
However, if the project is approved by FERC, the company would have the power to acquire private property through eminent domain ... Eminent domain is really a last resort for us. (Longview Daily News, WA)
Contentious land buy up for vote Aug 4, 2009
The proposed purchase would settle two lawsuits involving an adjacent sliver of land at that location, which the county took through eminent domain in April to extend a road and add a sewer, records show. Both of those lawsuits one was the eminent domain case were initiated by the county ... The county sued and later acquired the land through eminent domain for $950,000. (Atlanta Journal-Constitution -- Metro)
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Higher taxes for all Orcas residents and eminent domain could be at stake in Port issue - Islands' Sounder ... Higher taxes for all Orcas residents and eminent domain could be at stake in Port issue ... They either do what the FAA wants and fence people out by enacting eminent domain or they just say, no. (Enumclaw Courier Herald, WA)
More than 1,000 acres obtained for national memorial Aug 2, 2009
The NPS now owns 1,030 acres, Patrick White, co-chairman of the task force, announced on Saturday. It will own an additional 400 acres by the next meeting in three months. (Somerset Daily American, PA)