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Category Archives: Eminent Domain

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$22.5 Million Victory

Posted in Eminent Domain

You may recall a prior blog post regarding a case where we proved a “de facto” taking of a property.  A “de facto” condemnation – sometimes known as an “inverse condemnation” – occurs when a condemnor’s actions cause the equivalent of a taking before a declaration of taking is filed.  Our client was in the… Continue Reading

St. Louis Eminent Domain Protest Held

Posted in Eminent Domain

A protest was held Sunday in North St. Louis to demonstrate against a city bill which would allow the city to condemn property in the city’s third and fifth wards.  The bill is part of attempts to encourage the new National Geospatial Agency facility construction to take place within city limits. Homeowners spoke out in… Continue Reading

Idaho Sen. Seeks To Restrict Eminent Domain Powers

Posted in Eminent Domain

The Idaho Senate recently passed a bill which would prevent the use of the power of eminent domain to create hiking trails, bike paths or greenways. The bill, SB 1044, passed the Senate 20-13. It bans the use of condemnation “for trails, paths, greenways or other ways for walking, running, hiking, bicycling or equestrian use,… Continue Reading

$1,250,000 Award

Posted in Eminent Domain

I recently litigated a partial taking of a truck stop outside of Harrisburg, PA.  The most significant impacts to the property were caused by the closure of one of the driveways. The condemnor claimed that the taking did not cause any damages.  We were able to prove that the taking caused significant damages to the… Continue Reading

NC Bill Seeks To Limit Eminent Domain Powers

Posted in Eminent Domain

One of the first bills introduced in the newly convened North Carolina State Legislature seeks to limit condemnation powers.  House Bill 3, seeks to amend the North Carolina State Constitution to ban the use of eminent domain for private use.  Specifically, House Bill 3 seeks to amend N.C.G.S. 40A-3 to limit takings by “private condemnors”… Continue Reading

Artist’s Defeat of Condemnation Attracts National Attention

Posted in Eminent Domain, Redevelopment

About a year ago, the Philadelphia RDA condemned property owned by a nationally recognized artist. This condemnation received a great deal of local and national attention including newspaper and radio coverage (I was interviewed by one station). The property owner, James Dupree, used this property as his studio. The property was one of 17 properties… Continue Reading

Eminent Domain Considered For DC Stadium

Posted in Eminent Domain, Projects

Two D.C. Council committees advanced legislation allowing for the use of eminent domain in the construction of a $300 million professional soccer stadium in Washington, D.C.  The bill will now go before the full council for a vote on Tuesday.  While the legislation allows for eminent domain to be used to acquire the land, Mayor-elect… Continue Reading

Hartford Takes Properties For Stadiums

Posted in Eminent Domain

The City of Hartford has used its power of eminent domain to assemble land for a stadium.  The Hartford City Council approved a $350 million plan to build a minor league baseball stadium for the New Britain Rock Cats. However, it does not own all of the land necessary for the stadium.  The City has… Continue Reading

Eminent Domain Topic For Jon Stewart

Posted in Eminent Domain

Jon Stewart used eminent domain debates to criticize Republicans over their support of the Keystone Pipeline in a recent Daily Show.  In his usual method, he juxtaposed statements by Republicans decrying the use of the power of eminent domain and supporting its use for the Keystone Pipeline project.  The Show’s use of this topic shows… Continue Reading

NJ Supreme Court Hears Hackensack Eminent Domain Appeal

Posted in Eminent Domain

The city of Hackensack, N.J., has asked the NJ Supreme Court to determine whether a municipality seeking to condemn property must expressly find that the property is “blighted” in order to meet the constitutional eminent domain standard.  It seeks to overturn an Appellate Division ruling that rejected the city’s plan to condemn two properties on the… Continue Reading

PA Supreme Court Declines Eminent Domain Appeal

Posted in Eminent Domain

The PA Supreme Court on Tuesday declined to hear an appeal in a Mercer County eminent domain case.  The case involves Mercer Area School District’s attempt to condemn property that borders school grounds to extend a parking lot and build an emergency access point.  The School Board first attempted to condemn land in 2010.  However,… Continue Reading

Ga. Supreme Court Prohibits Abandonment of Condemnation After Award By Special Master

Posted in Eminent Domain

The Georgia Supreme Court recently ruled that a condemning authority cannot unilaterally dismiss a condemnation action after the special master has rendered an award. In Dillard Land Investments LLC v. Fulton County, 2014 Ga. LEXIS 583 (Case No. S13G1582, decided July 11, 2014), Fulton County filed a petition for condemnation for a library development project. The… Continue Reading

VT Governor Advocates Hiring Independent Appraiser For Pipeline Cases

Posted in Appraisers, Eminent Domain

Vermont Gov. Peter Shumlin wants the VT Department of Public Service to hire an independent property appraiser to participate in eminent domain proceedings for the Addison-Rutland Natural Gas Project. “I am concerned at the transparency and equity issues that have been raised by Vermont Gas’s negotiations with landowners,” Shumlin wrote in a letter Monday. “I… Continue Reading

Orlando Drops Taking Of Church Property.

Posted in Eminent Domain

The City of Orlando on Monday dropped its attempt to condemn a family-owned church to build a new Major League Soccer stadium.  The Church was the last holdout for the project.  Orlando will move the new stadium about a block west using property the city bought for $2 million. Orlando and the Church have had… Continue Reading

PA Considering Extending Time To Challenge Condemnations

Posted in Eminent Domain

PA law requires that challenges to condemnations must be filed within 30 days of service of the Declaration of Taking. The document that is filed challenging the taking is called “Preliminary Objections.” HB 2387, currently being considered in the PA House of Representatives, would increase the time for filing the Preliminary Objections to 90 days.… Continue Reading

PA Considering Amending Condemnation Fees And Expenses Reimbursement Statute

Posted in Eminent Domain

The PA Senate is considering a bill which would make minor changes to the PA eminent domain statute providing for reimbursement for professional fees and expenses. Generally, PA requires reimbursement for up to $4,000 for those fees and expenses. If enacted, SB 1096 clarifies that this payment is owed “per property, regardless of right, title… Continue Reading

Cal Court Strikes Pre-condemnation Entry Portion Of Eminent Domain Statute

Posted in Eminent Domain

A part of California’s statutory eminent domain law has been declared unconstitutional. The Third Appellate District Court of Appeal ruled in Property Reserve, Inc. v. Super. Ct. of San Joaquin County that pre-condemnation entry statues violate California’s version of the US Fifth Amendment’s taking clause – Article I, Section 19 of the California Constitution. This… Continue Reading

Orlando Takes Church Property For Soccer Stadium

Posted in Eminent Domain

The city of Orlando initiated eminent domain proceedings to take property owned by a church to build a new soccer stadium. A judge ruled in January that Orlando could take the property via its eminent domain powers. Orlando spokesperson Heather Fagan issued this statement:  “We have spent the last year trying to work with the… Continue Reading