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Category Archives: Eminent Domain

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Posted in Eminent Domain

Last week I tried a case in York County, PA involving a condemnation of the former York County Prison.  My clients purchased the property in the ‘80s and were waiting for the right time to develop the property when it was taken by the City of York RDA. The RDA claimed it was worth about… Continue Reading

NC Senate Seeks To Place Eminent Domain Constitutional Amendment On Ballot

Posted in Eminent Domain

The NC Senate Republicans gave initial approval to putting three constitutional amendments on the November ballot. One of those amendments seeks to restrict eminent domain powers.  An eminent domain amendment has been approved by the NC House five times since the 2005 U.S. Supreme Court Kelo decision.  The proposed amendment provides that private property cannot… Continue Reading

NC Court Finds NCDOT Statute Constitutes Taking

Posted in Eminent Domain

North Carolina’s Supreme Court held that a state law carving out potential future highway projects represented an unconstitutional taking of residents’ property without just compensation. In Kirby et al v. North Carolina Department of Transportation, 56PA14-2, a group of Winston-Salem landowners challenged the state’s Roadway Corridor Official Map Act, better known as the Map Act,… Continue Reading

SCOTUS Won’t Hear Fla. Apartment’s Takings Suit

Posted in Eminent Domain

The U.S. Supreme Court declined to hear a Florida apartment complex’s class action challenge to a state law allowing the government to keep most of the interest on funds the county court held during eminent domain proceedings. Jupiter, Florida, apartment complex Mallards Cove LLP asked SCOTUS to hear its inverse condemnation suit against the Florida… Continue Reading

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

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