Header graphic for print
Eminent Domain and Real Estate Valuation Blog Condemnation and Real Estate Litigation

Category Archives: Eminent Domain

Subscribe to Eminent Domain RSS Feed

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

Posted in Eminent Domain

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

Posted in Eminent Domain

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

California Considers Appraiser Regulatory Legislation

Posted in Eminent Domain

The California legislature in considering legislation seeking to modernize its regulatory system. It has been passed by the State Assembly and the Senate Business, Professions and Economic Development Committee and currently is pending in the Senate Appropriations Committee. If AB 624 would allow state-certified appraisers to use standards of valuation practice other than the Uniform… Continue Reading

TX Updates Appraiser Law

Posted in Eminent Domain

Texas Gov. Greg Abbott signed into law Senate Bill 1007 which amends the TX appraiser licensing and certification law. The bill will take effect Jan. 1, 2016. According to the Appraisal Institute, SB 1007 includes provisions related to three high-priority issues for the Appraisal Institute: The bill will allow the Texas Appraiser Licensing and Certification… Continue Reading

Kelo Case To Be A Movie

Posted in Eminent Domain

The infamous Kelo v. City of New London will now be made into a movie. Producer Courtney Balaker is planning on beginning filming Little Pink House. It will be depicted as an underdog story focusing on the lead plaintiff – Suzette Kelo – who fought to save her house from condemnation. Her fight led to… Continue Reading

Orlando Avoids Eminent Domain For Soccer Stadium

Posted in Eminent Domain

Orlando City Soccer will apparently purchase a necessary property to build its new soccer stadium rather than rely upon the City’s power of eminent domain. The City of Orlando previously was proceeding to acquire the property though the exercise of its power of eminent domain.  However, apparently concerned that it could not then transfer the… Continue Reading

PA Considers Amendment To Relocation Law

Posted in Eminent Domain

The PA House is considering a bill that would amend the PA Eminent Domain Code’s relocation statute.  That statute applies where a business or residence is forced to relocate due to a condemnation and is in addition to damages for the loss of the real estate.  The bill would increase the reimbursement amount for “reestablish[ing]… Continue Reading

NC House Passes Eminent Domain Constitutional Amendment

Posted in Eminent Domain

North Carolina’s State House passed HB 3 which attempts to limit eminent domain powers.  The bill, which has 69 House sponsors and co-sponsors, would add language to the North Carolina constitution specifying that local and state governments can take private property with “just compensation” only for a “public use” and would guarantee a jury trial… Continue Reading

Eminent domain Restrictions Approved By Iowa House, Senate panels

Posted in Eminent Domain

Legislation making it more difficult for private utilities to acquire access to private property through condemnation cleared two Iowa subcommittees.  Subcommittees in both the Iowa House and Senate approved Senate Study Bill 1276 to change the process for private companies to build underground pipelines and overhead transmission lines. The bill, according to House Government Oversight… Continue Reading

Virginia Supreme Court Permits Admission Of Condemnor Appraisal Used For Intial Offer

Posted in Eminent Domain, Valuation

The VA Supreme Court recently heard an interesting case involving facts that should be cautionary to litigants.  In that case, VDOT made an initial offer to the property owners of $246,292 based on an appraisal.  When the condemnees rejected the offer, VDOT obtained another appraisal estimating the damages at $92,127.  VDOT told the condemnees that… Continue Reading