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Category Archives: Eminent Domain

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Iowa House Passes Bill Restricting Eminent Domain Rules For Transmission Developers

Posted in Eminent Domain

The Iowa House of Representatives recently passed a bill restricting the ability of independent transmission developer to exercise their power of eminent domain. The House passed House Bill 2448 by a 63-33 vote. If passed by the Iowa Senate, developers would have to obtain agreements from 75% of property owners along an electric line’s route… Continue Reading

Missouri Considers Bills Preventing Eminent Domain For Interstate Transmission Lines

Posted in Eminent Domain

Legislation has been proposed in both Missouri Houses that could prevent the use of eminent domain for privately funded, long distance, Direct Current transmission lines. The issue was raised when Grain Belt Express was denied a Certificate by the Missouri Public Service Commission. The PSC found that the project, which would mostly serve the east… Continue Reading

RI Court: Heirs Of Condemnees Do Not Have Right Of First Refusal To Purchase Previously Condemned Land

Posted in Eminent Domain

The Rhode Island Supreme Court ruled in a case of first impression that the right of first refusal to repurchase excess land condemned for highway purposes terminates when the original condemnee dies, and that right doesn’t pass on to the person’s heirs or estate. In Estate of Richard J. Deeble v. Rhode Island Department of… Continue Reading

PennDOT Wins Highway Project Case

Posted in Eminent Domain

A divided Pennsylvania Commonwealth Court ruled that PennDOT could condemn over 40 Philadelphia properties even though the takings were initiated over a year after the plans’ first approval. The decision reversed a trial court’s ruling that Section 302(e) of PA’s Eminent Domain Code gave PennDOT a year to file a declaration of taking after first… Continue Reading

PA Raises Relocation Reimbursement Amounts

Posted in Eminent Domain

PA Gov. Wolf signed legislation, sponsored by Rep. John Taylor, R-Philadelphia, which provides homeowners additional funds for relocation assistance and further brings Pennsylvania’s eminent domain laws in line with federal law. Eminent domain statutes generally provide for reimbursement of relocation expenses incurred by condemnees. These amounts are in addition to other potential damages such as the… Continue Reading

TEXAS ASSEMBLING ONLINE LIST OF ENTITES WITH EMINENT DOMAIN POWER

Posted in Eminent Domain

The Texas Legislature has directed the Texas comptroller of public accounts to assemble an online database of entities claiming eminent domain powers in Texas. They recently opened the online reporting form for these entities and expect to have the completed database ready later this year. The database will include contact information for each entity, the… Continue Reading

RAND PAUL CONTINUES EMINENT DOMAIN CRITICISM

Posted in Eminent Domain

Sen. Rand Paul said at a recent Iowa town hall meeting that as president he would never let the government “take away private property and give it to somebody else” through eminent domain. The Kentucky senator said while he is in favor of creating energy independence by building domestic pipelines, he is opposed to any… Continue Reading

SC To Consider Eminent Domain Reform Legislation

Posted in Eminent Domain

South Carolina State Representative Bill Herbkersman recently wrote a newspaper column explaining the State’s legislative agenda for 2016.  The first issue he named was “a reform of eminent domain.”  He stated that, “The condemnation action is serious business and is not usually considered except in legally defined circumstances. That said, there are times when private… Continue Reading

PA considering Increasing Condemnee Relocation Amounts

Posted in Eminent Domain

Eminent domain statutes generally provide for reimbursement of relocation expenses incurred by condemnees. These amounts are in addition to other potential damages such as the value of the condemned property. Both the Pennsylvania Senate and House are considering bills that would increase the limits of the amounts that could be reimbursed to condemnees for relocation… Continue Reading

Fla. Court Sets New Eminent Domain Atty Fee Guidelines

Posted in Eminent Domain

The Florida Supreme Court ruled Thursday that a formula in the state law used to calculate attorneys’ fees in state eminent domain cases is unconstitutional where there is excessive litigation by the condemning public authority. The Court issued its ruling in response to a certified question of great public importance from the Fifth District Court… Continue Reading

Cong. Committee Considers Bill Limiting Eminent Domain For Power-Line Projects

Posted in Eminent Domain

Members of the Arkansas Congressional Delegation have introduced legislation aimed to give more leverage to states faced with new interstate power-line projects. Sen. John Boozman and Rep. Steve Womack have submitted matching versions of the Assuring Private Property Rights Over Vast Access to Land, or APPROVAL, Act, which would rewrite Section 1222 of the 2005… Continue Reading

Trump Eminent Domain Position Remains Controversial

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Donald Trump continues to be attacked by his primary opponents regarding his most prior use of eminent domain. For example, Marco Rubio criticized Trump’s position and then touted legislation he supported to limit the use of eminent domain when he was a Florida state legislator. In one interview with Fox News, Trump said, “Eminent domain… Continue Reading

D.C. Uses Eminent Domain For New Stadium

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Washington, D.C. has initiated eminent domain proceedings to acquire property for its new soccer stadium. D.C. United’s new stadium will be located at an industrial site about a mile away from Nationals Park. The team will spend $150 million to build the stadium itself. The Major League Soccer team currently plays at RFK Stadium.

Eminent Domain Possible For New St. Louis Stadium

Posted in Eminent Domain

The St. Louis Regional Convention and Sports Complex Authority voted 9-0 Wednesday to use the power of eminent domain if necessary to assemble land for a new stadium. The authority oversaw construction of the domed stadium downtown two decades ago and is doing the same in early planning for a new open-air stadium. The 88-acre… Continue Reading

Attacks On Trump For Eminent Domain Use Continue

Posted in Eminent Domain

Opponents of Donald Trump are using his eminent domain background to attack Trump. As NPR recently reported “Republicans eager to blunt Donald Trump’s front-runner status in the GOP presidential primary think they’ve found the issue that will finally sink the billionaire’s White House hopes: eminent domain.” A recent ad by the Club for Growth proclaims… Continue Reading

Rand Paul Attacks Trump Eminent Domain Use

Posted in Eminent Domain

Kentucky Senator and presidential candidate Rand Paul has added eminent domain as an area to attack Donald Trump. For example, Paul raised this issue at an appearance in Idaho and a call with Alaska reporters. Paul called Trump a “fake conservative” citing, in part Trump’s eminent domain action against Vera Coking, a retired homeowner in… Continue Reading

Trump Criticized Over Eminent Domain Use

Posted in Eminent Domain

There have been a number of articles written recently regarding presidential candidate Donald Trump’s use of eminent domain to acquire properties.  For example, the Boston Globe published an article on 8/25 titled “Donald Trump is no champion of the little guy.” This article referenced Trump’s use of eminent domain to acquire property in Atlantic City.  Similar… Continue Reading

US House Bill Introduced Seeking To Limit Eminent Domain Power

Posted in Eminent Domain

Rep. Jim Sensenbrenner (R-Wis.) has introduced legislation in the US House seeking to prevent state and local governments from using eminent domain for economic development. The “Private Property Rights Protection Act” would prevent a state or political subdivision of a state from obtaining federal economic funds for two fiscal years if it uses its eminent… Continue Reading