Montana’s Supreme Court heard arguments last week in a case that will determine the future of Missoula’s water utility. The City of Missoula is trying to take ownership of that city’s water utility – Mountain Water Company. Mountain Water says Missoula has no right to take it and turn it into a public asset.
Last…
The U.S. Supreme Court declined to hear a West Virginia eminent domain case. In Beacon Resources Inc. v. W. Virginia DOT, the trial court denied the West Virginia Department of Transportation’s request for a jury instruction that compensation could not include any lost profits suffered by the condemnee. The jury awarded Beacon $24 million…
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…
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 …
SC is considering a bill that would prevent the use of eminent domain for the Palmetto Pipeline petroleum line. A state Senate subcommittee approved a bill barring the use of eminent domain by a “private, for-profit pipeline company, including a publicly traded for-profit company, that is not a public utility.” The bill would also create…
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…
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…
The Appraisal Practices Board (APB) of The Appraisal Foundation has announced the adoption of the first of three Valuation Advisories related to the valuation of green buildings. The Appraisal Foundation provides guidance to appraisers and is best known for its “USPAP” publication.
The Advisory, entitled “Valuation of Green and High Performance Property: Background and…
New London, Connecticut Mayor Daryl Finizio recently signed an agreement authorizing the construction of a “memorial park” on the former site of Susette Kelo’s “little pink house,” one of the fifteen residential properties condemned by the city as part in the famous Kelo v. City of New London case. That Supreme Court case held that…
