tag:blogger.com,1999:blog-176848182012-02-12T01:13:53.911-07:00This site is dedicated to the review, analysis, and critical evaluation of government's use of the power of eminent domain.Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.comBlogger641100tag:blogger.com,1999:blog-17684818.post-45717204801329082272007-09-17T06:12:00.000-06:002007-09-17T07:11:52.952-06:00

Consider this story: The University is one step closer to beginning construction on the new basketball arena.At the State Board of Higher Education meeting Friday, Sept. 7, the Board granted the University a resolution of necessity: permission to utilize eminent domain laws in order to obtain three properties on which, along with the Williams' Bakery site, the University hopes to build an arena

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com25tag:blogger.com,1999:blog-17684818.post-40069562880803436182007-08-13T15:21:00.000-06:002007-08-13T15:35:19.004-06:00

This seems like an interesting, but confusing story:VERNONIA -- The state Parks and Recreation Commissioned used its power of eminent domain to take ownership of trees on 113 acres inside the recently opened L.L. "Stub" Stewart State Park.The vote came this week after Jim Smejkal of Banks notified the state Department of Forestry on that he planned to start logging 23 acres in mid-August."He had

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com2tag:blogger.com,1999:blog-17684818.post-5528708777223096602007-08-06T07:08:00.000-06:002007-08-06T07:18:07.599-06:00

Here is a confusing story in the news. I'm not sure I understand the story correctly, but this is how I think the story goes. A developer acquired some land to be part of a redevelopment project. The acquisition was paid for, not forced by government's use of eminent domain. Local government began working with the developer on the redevelopment project. But, apparently something changed and

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1165672468841810732007-04-01T20:57:00.000-06:002007-04-01T20:57:52.623-06:00

From a post by Ilya Somin: “What the developer and Village of Port Chester did is nothing short of government-backed extortion,” said Didden. “I had an agreement to develop a pharmacy, a plan fully approved by the Village, and in the eleventh hour I was told that I must either bring this developer in as a 50/50 partner or pay him $800,000 to go away. If I didn’t, the City would condemn my

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-24959511308257300972007-03-30T21:02:00.000-06:002007-03-30T21:09:37.350-06:00

Huh? The Senate Natural Resources and Rural Affairs Committee voted 6-0 Wednesday for a previously unrelated bill that the panel rewrote to require that railroads obtain approval from the state Corporation Commission to use existing eminent-domain authority to compel land sales.I thought the power of eminent domain was a power granted to government. Why in the world would any one ever think a

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-36040362665788635152007-03-30T20:56:00.000-06:002007-03-30T20:59:50.803-06:00

In Pennsylvania there are plans in the works to take property in order to expand the Pennsylvania turnpike:WHITPAIN - Preliminary plans for the proposed, $250 to $300 million, six-lane widening and reconstruction of the Pennsylvania Turnpike's Northeast Extension from the Mid-County to Lansdale exit were presented to several hundred local residents Thursday night at St. Helena School.Construction

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-58554223662617175882007-03-30T20:46:00.000-06:002007-03-30T20:53:22.900-06:00

The Enquirer reports (March 30, 2007):Joy and Carl Gamble Jr. have reluctantly decided to give up plans to move back into the home that they spent three years fighting to save from demolition in the landmark Norwood eminent domain battle.Because of serious health concerns, the Gambles have agreed to sell their house in Norwood to the Rookwood Partners for $650,000 – $370,000 more than the value a

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1165940240313617002007-02-16T20:44:00.000-07:002007-02-16T20:44:25.579-07:00

Timothy Sandefur: "In Didden v. Port Chester, the government decided to redevelop an area of the city, and chose a developer who drew up development plans. One of the property owners, Bart Didden, owned a piece of property that he wanted to lease to CVS to build a pharmacy. The developer, on the other hand, wanted to use the land for a Walgreen's instead. So the developer told Didden that if he

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1162326467269059792006-10-31T13:27:00.000-07:002006-10-31T13:33:00.430-07:00

Another government official is saying eminent domain is a right: If necessary, the city of Ocean City will exercise the right of eminent domain to condemn your property. . .Of course, we are talking about the POWER of eminent domain. Government has the right to purchase land, just like you and I do. But, this city official isn't threatening to purchase a citizen's land. This city official is

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com3tag:blogger.com,1999:blog-17684818.post-1148337930001966622006-08-22T13:15:00.000-06:002006-09-14T10:36:46.820-06:00

Here's an interesting item: "The Hercules City Council is scheduled to vote tomorrow on whether to begin eminent domain proceedings to try to forcibly take 17 acres owned by Wal-Mart.The retailer wants to put a big-box store on the site.But city officials have different plans for the property. They say construction of a giant Wal-Mart store near the bay does not fit with development plans for

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com1tag:blogger.com,1999:blog-17684818.post-1156273586878104532006-08-22T13:05:00.000-06:002006-08-22T13:06:27.493-06:00

I just looked at: Timothy Riddiough, "The Economic Consequences of Regulatory Taking Risk on Land Value and Development Activity," J. Urban Econ 41, 56-77 (1997). The author develops a mathematical model of a "real options approach" to land valuation and land development decisions in order to consider the economic impact of regulatory takings with less than full compensation. Here is the author's

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1150750786849969002006-06-19T16:45:00.000-06:002006-06-19T16:54:53.030-06:00

METROWEST DAILY NEWS: FRAMINGHAM -- Selectmen will ask the town's Economic Development and Industrial Corp. to study how to broker a deal with a local developer to take over part of the MBTA park-and-ride lot for a possible restaurant. Michael Laurano, lawyer for Timothy Hanna, asked selectmen to consider an eminent domain land-taking from the Massachusetts Turnpike Authority of 1672 Worcester

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1148523607082547342006-05-24T20:20:00.000-06:002006-05-24T20:28:34.956-06:00

The Bernardsville News: "The ordinance states that if acquired, the parcel would be used for a pocket park. But two audience members Monday questioned whether there might be safety problems by creating a place for children to play adjacent to busy Mount Airy Road.Councilman Mikael Salovaara said that while he favored giving the borough power to use eminent domain, he continued to have an “open

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1148338055930113552006-05-22T16:47:00.000-06:002006-05-22T17:04:14.760-06:00

Scripps Howard News Service: "No other city in America has considered standing up to the nation's largest retailer quite like the bedroom community of 24,000 on the Contra Costa County shore that is named for the Greek mythological hero and was once home to a major dynamite plant.While other cities have rejected Wal-Mart store proposals, the Hercules City Council is to vote Tuesday on whether to

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1145274352739605382006-04-17T06:34:00.000-06:002006-04-17T06:46:10.436-06:00

Timothy Sandefur: "This is done primarily by leaving open loopholes which allow government officials to seize “blighted” property. Of course, “blighted” property is property that doesn’t perform economically to a standard that bureaucrats would like. Consider the new West Virginia law, for example. It allows government to seize property that is in a “blighted area,” and it defines this term as

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1143640861803615162006-03-29T07:10:00.000-07:002006-03-29T07:12:02.950-07:00

"Kansas City Mayor Kay Barnes told Missouri lawmakers Tuesday that her city couldn’t turn itself around without sometimes taking private property.At a hearing on legislation that would change eminent domain law, Barnes said Kansas City had been circumspect in its use of the property condemnation process.Still, she said, some economic development projects that benefit the city would not go forward

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1143640386580104122006-03-29T07:04:00.000-07:002006-03-29T07:06:09.846-07:00

"Businesses in a San Ramon redevelopment district are marked with a 'bull's-eye,' a new citizens' group contends -- not only because they are situated in a redevelopment area, but also because the city wants to re-establish eminent domain there. A city plan to bring eminent domain back to part of north San Ramon has put a 'cloud' over the businesses and reduced their values, said Martinez

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1143558635613339622006-03-28T08:10:00.000-07:002006-03-28T08:54:53.413-07:00

Edward Herlihy has commentary with more information about the possible golf course taking. Here is his description of the reason for the taking: "No, the mayor of North Hills wants to use the power of government to condemn Deepdale--whose members are a diverse group of people from all over the country and around the world--to make it an exclusive high-end golf course restricted to people who

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com1tag:blogger.com,1999:blog-17684818.post-1142120875408032092006-03-21T20:25:00.000-07:002006-03-21T20:39:14.776-07:00

William Fischel ["The Offer/Ask Disparity and Just Compensation for Takings: A Constitutional Choice Perspective," International Review of Law and Economics 15:187-203, 1195] discusses a proposal by others that the endowment effect, or the offer/ask disparity, suggests that compensation for eminent domain takings should be in an amount that is greater than market value.The endowment effect, or

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1141995581481963172006-03-10T03:19:00.000-07:002006-03-10T15:21:55.746-07:00

I noted yesterday that a city government was exploring the use of eminent domain to take a private golf club, for the purpose of turning the course into a public golf course. The takings in the Kelo opinion were said to be for the public purposes of economic development. Of course the term public purposes is not the term found in the Takings Clause. The term in the takings clause is public use.

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1141944072614065512006-03-09T15:41:00.000-07:002006-03-09T15:43:50.410-07:00

LA Daily News - Santa Clarita: "In order to develop three sites viewed as key to improving downtown Newhall, the city may resort to invoking eminent domain if officials aren't satisfied with the property owners' plans for their land.Such decisions will be up to the Santa Clarita City Council, acting as the city's redevelopment agency. The agency will look at current uses, developer's proposals

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com1tag:blogger.com,1999:blog-17684818.post-1141942325200380032006-03-09T15:12:00.000-07:002006-03-09T15:29:55.613-07:00

Newsday.com: "Lawsuits were filed Tuesday aimed at stopping an affluent suburban village from using the legal concept of eminent domain to take over a privately owned golf course."Wow, taking a private golf club to turn it into a public golf course. Now I'm really getting angry about eminent domain abuse. And there's this: "Wilson said in a statement that the takeover "has nothing to do with a

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com1tag:blogger.com,1999:blog-17684818.post-1141940412823246122006-03-09T14:15:00.000-07:002006-03-09T14:40:12.860-07:00

Bruce Yandle tells the story of Love Canal which includes an interesting aspect that involves eminent domain. Of course, Love Canal is a hazardous waste site near Niagara Falls, N.Y.Love Canal was originally created to supply water to hydroelectric generators. Later the area was purchased by Hooker Electrochemical Company, which became Hooker Chemicals and Plastics Company later still. In 1942

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com2tag:blogger.com,1999:blog-17684818.post-1141134601315218332006-03-07T08:00:00.000-07:002006-03-07T08:04:47.220-07:00

WSJ.com: "The latest blowback comes from South Dakota, whose Governor this month signed a law prohibiting the state from using its power of 'eminent domain' to take private property for private economic development. No exceptions. No loopholes. The bill passed by unanimous vote in the state senate and 67-1 in the house."Wow. Only 1 legislative no vote. Now, that's a super majority.

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1140705277199188342006-02-27T07:30:00.000-07:002006-02-27T07:33:38.090-07:00

OpinionJournal"Oregon's ballot measure, which passed with a mere 61% of the vote, required authorities to either compensate landowners for any reduction in the value of their property, or exempt them from the regulations. This was the second time voters had passed the measure, the first version having been tossed out on a technicality by the state's notoriously liberal Supreme Court."

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1140099093140635212006-02-16T14:42:00.000-07:002006-02-16T14:41:51.846-07:00

Lior Strahilevitz makes what sounds like an economic argument in favor of the Kelo opinion: Suppose that a wealthy nihilist owns a Frank Lloyd Wright home and announces a completely credible intention to burn it down. Should the state be able to condemn the property and, upon paying the nihilist fair market value, transfer it to the Frank Lloyd Wright Trust, a private entity that announces (again

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1140043553292349162006-02-15T15:45:00.000-07:002006-02-15T15:51:15.686-07:00

The Desert SunFebruary 15, 2006For the second time in the 18 years since the controversial John Nobles Ranch neighborhood was razed, the city may pursue eminent domain for a major city project other than road widening.With more than a third of the city's burgeoning population under 18, according to the U.S Census Bureau, Indio officials want to provide more recreation for youths and plan to build

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1140042636214927222006-02-15T15:30:00.000-07:002006-02-15T15:37:17.030-07:00

SGVTribune.com (2-15-2006): "Grill owner fights eminent domainBy Gene Maddaus Staff WriterARCADIA - The owner of Rod's Grill wants voters to block a redevelopment deal that would bulldoze his restaurant and a handful of other properties to make way for an expanded Mercedes-Benz dealership. Manny Romero is circulating petitions for an initiative for the November ballot. He said he is confident

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1139614205839777312006-02-10T16:38:00.000-07:002006-02-10T16:41:38.720-07:00

seattlepi.com: Friday, February 10, 2006Tenant, 93, wins Ga. eminent domain caseBy ELLIOTT MINORASSOCIATED PRESS WRITERALBANY, Ga. -- A jury decided that a Georgia hospital is going to have to pay nearly five times what it offered if it wants to condemn a rental house where a frail, 93-year-old woman has lived for nearly three decades.The jury said Thursday that Phoebe Putney Memorial Hospital

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1139369449865190762006-02-07T20:30:00.000-07:002006-02-07T20:39:30.546-07:00

From the Washington Post: "The mayor of New London, where a fight over government seizing property led to a controversial U.S. Supreme Court ruling, is proposing a compromise for a group of homeowners.Under a plan presented to the City Council Monday night, four people whose homes were seized for a private development would be allowed to stay. The city would own their properties and the residents

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1138641924295783312006-01-30T10:25:00.000-07:002006-01-30T10:28:54.776-07:00

Joe Kristan: "Section 1033 of the federal tax code allows sellers to avoid gain on property sold 'under threat or imminence' of condemnation, as long as they re-invest the proceeds no more than two years after the year in which the sale is made. It's not necessary for the city to actually institute condemnation proceedings; just a credible threat triggers the tax break. The Tax Court has stated

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com1tag:blogger.com,1999:blog-17684818.post-1138373716481803672006-01-27T14:57:00.000-07:002006-01-27T14:57:26.213-07:00

In one of my classes last week we were discussing the ways in which economic analysis help us understand why cities develop and why some cities are small and others are large. A very interesting, and I suspect important, question was brought up that might suggest that the broad outlines of the economic analysis are off the mark. The economic analysis suggests that land prices in the center city

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1138296979546491582006-01-26T10:33:00.000-07:002006-01-26T10:36:48.826-07:00

Check out this article about a group of citizens that is trying to get Justice David Souter evicted from his New Hampshire home in the name of economic development. The group would like local government to use eminent domain to seize his property so that it can be turned into an inn called the Lost Liberty Hotel.It’s not that I don’t find these tactics entertaining and good for a long chuckle,

Tateum Bowershttp://www.blogger.com/profile/10207555237251624863noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1136469061201594682006-01-17T16:21:00.000-07:002006-01-17T16:21:16.256-07:00

KTVA - Local: "According to the Associated Press, six bills have already been filed by Alaska lawmakers in response to last year's U.S. Supreme Court decision on eminent domain. But just one suggests keeping eminent domain to force development of the state's oil and gas reserves.Representative Eric Croft (an Anchorage Democrat) says taking leases back from non-producing oil companies would

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1136733920271131492006-01-17T16:16:00.000-07:002006-01-17T16:18:15.913-07:00

From the website of the New London Development Corporation: "The New London Development Corporation (NLDC) is committed to creating public-private partnerships that act as an engine for economic development in New London. The goals of this private, not-for-profit organization are to increase the city's tax base, to promote an increase in the number of jobs available in the city and to enhance the

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1137072741965704552006-01-17T04:05:00.000-07:002006-01-17T16:09:06.190-07:00

Nicole Garnett has a paper on the political economy of just compensation regarding the power of eminent domain. Todd Zywicki comments: "To my mind, I haven't really been persuaded by the 'Just Write Them A Check' approach to Eminent Domain, which basically says forget about the Public Use Clause and simply ensure Just Compensation. As a logical matter, if that approach is valid with respect to

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1137077736949695622006-01-12T10:05:00.000-07:002006-01-12T10:07:03.923-07:00

Often the local government's use of eminent domain is invoked because the property at issue is part of a "blighted neighborhood." Ever wonder what a "blighted neighborhood" looks like? Here are a few pictures of the "blighted" and "deteriorating" neighborhood in Norwood Ohio that is the subject of a case before the Ohio Supreme Court. You can see more pictures of this blighted neighborhood at

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com124tag:blogger.com,1999:blog-17684818.post-1136468673411447072006-01-09T16:54:00.000-07:002006-01-09T17:00:57.636-07:00

In this news item we find that the power of eminent domain may be used for big box stores: If you own a small business in Richfield, then you may be targeted for eminent domain abuse. That's because the City of Richfield has placed a bull's-eye on small businesses along Cedar Avenue just west of the Minneapolis-St. Paul International Airport, and plans to remove them in favor of two big-box

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com1tag:blogger.com,1999:blog-17684818.post-1136468856742257592006-01-08T10:47:00.000-07:002006-01-08T10:55:52.683-07:00

Here's a another news story about the use of eminent domain to provide a new stadium for an NFL football them, this time for the Indianapolis Colts. Here's something interesting from the story: "The government has offered the Hurst company $3.7 million for its property, including the factory building. Hurst officials, according to The Indianapolis Star, have estimated the costs of moving the

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1136469163671017622006-01-06T08:07:00.000-07:002006-01-06T20:09:43.466-07:00

Hey, check this news. A city is going to actually use eminent domain to take land for a public school, i.e., a public use: "Officials revealed during the meeting that Robert Donellan, owner of land the town wants for the school on Clark Gates Road is being offered $715,000. The town also wants land on Sillmanville Road that is owned by an estate managed by Leo Gold. The estate is being offered

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1135865643429317352005-12-29T07:07:00.000-07:002005-12-29T07:14:03.430-07:00

The most commonly known fact about the Kelo opinion is that it holds eminent domain may be used to acquire private property for public purposes like economic development, even if the title to property is being transferred, with just compensation, from one private individual to a different private individual. Not so well known is that the opinion also states although such uses are appropriate,

Tateum Bowershttp://www.blogger.com/profile/10207555237251624863noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1135100848712503242005-12-20T10:40:00.000-07:002005-12-20T10:47:28.726-07:00

The following is Bruce Ackerman’s thesis in Private Property and the Constitution,”In order to decide whether compensation law is basically sound or ripe for sweeping change it is necessary first to choose between two fundamentally different ways of thinking about law, each of which has roots in our present legal culture . . . [The] choice between the [different ways of thinking], it will develop

Tateum Bowershttp://www.blogger.com/profile/10207555237251624863noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1135007175467080302005-12-19T08:43:00.000-07:002005-12-19T08:46:15.480-07:00

From a Star Tribune editorial,What bothers people is the use of eminent domain to benefit private development and the public tax base. But while that sounds alarming at first hearing, it's much ado about not very much. . . . Eminent domain is used sparingly in most states . . . . Its real value lies not in its execution but in its leverage. Just having the authority to condemn blighted land has

Tateum Bowershttp://www.blogger.com/profile/10207555237251624863noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1134669949051156412005-12-15T10:40:00.000-07:002005-12-15T11:05:49.116-07:00

The Cato Institute wishes readers a Happy Bill of Rights Day!Bill of Rights Day is an official holiday signed into law by Franklin D. Roosevelt in 1941 to commemorate the 150th anniversary of the adoption of the first ten amendments of the Bill of Rights.Is today really such a happy day though? The Bill of Rights was ratified in order to prevent government from over stepping its boundaries

Tateum Bowershttp://www.blogger.com/profile/10207555237251624863noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1131217117646035562005-12-01T10:30:00.000-07:002005-12-01T10:31:29.116-07:00

"The head of the Partnership for New York City, a group representing the city’s business community, on Friday criticized a Congressional vote to curb eminent domain, a potential blow to businesses.'We are alarmed,' said Kathryn Wylde, president and CEO of the Partnership, in testimony during a state Assembly hearing. “Without the power to condemn private sites to support economic development

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1131217377577316182005-12-01T10:23:00.000-07:002005-12-01T10:26:16.290-07:00

Debra Saunders: "On July 1, Oakland took possession of two properties that housed two viable businesses -- Revelli Tires and Autohouse, which provided the livelihoods of John Revelli and Tony Fung -- by eminent domain so that a private developer can build apartments in the redevelopment zone.On Aug. 1, Oakland took possession of a parking lot about one block away -- on which owner Alex Hahn says

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1131216939344960712005-11-08T10:15:00.000-07:002005-11-08T10:21:37.726-07:00

"Stony Brook University has taken title to the 246-acre property it is seizing from a former defense manufacturer, university officials announced yesterday.After Gyrodyne Co. of America rejected a $26-million offer from Stony Brook for the site, which sits next to the university on Route 25A, negotiations broke down last month and the school moved to condemn the land through eminent

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1130765804716012672005-10-31T04:30:00.000-07:002005-10-31T16:35:37.760-07:00

Todd Zywicki: "A reader sends along this article reporting on a $7.7 million judgment awarded to a small business owner in San Diego whose property was condemned in order to make way for a new luxury hotel. The article implies that this was an unexpectedly high award. His lawyer 'called the verdict a 'home run' ... and important for other property owners.' The city had offered $3 million before

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1130244151761261522005-10-25T10:29:00.000-06:002005-10-25T10:32:21.936-06:00

Todd Zywicki has some interesting info on New London, the Kelo opinion, and Pfizer: "The records — obtained by The Day through the state Freedom of Information Act — show that, at least as early as the fall of 1997, Pfizer executives and state economic development officials were discussing the company's plans, not just for a new research facility but for the surrounding neighborhood as well.And,

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1129934066619715892005-10-21T21:30:00.000-06:002005-10-21T21:40:31.966-06:00

The city of Monterey Park is considering using the power of eminent domain for a redevelopment project. "Eng and other council members cited financial figures to make their case for the public benefits of the project:- The development would create $26 million in taxes for the city over 33 years.- More than 400 jobs would be created.- More than $200,000 in annual property taxes would be created by

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1129292857919317042005-10-19T15:00:00.000-06:002005-10-19T15:04:25.236-06:00

Samuel Gregg: "By expanding the concept of eminent domain to embrace the notion of “economic development,” Kelo overrides all these limitations. First, the public use requirement is rendered meaningless. In the name of what it decides constitutes “economic development,” local government can transfer one piece of property from one private person or business to another private person or

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1129734218986855502005-10-19T08:58:00.000-06:002005-10-19T09:08:39.786-06:00

Boynton Beach City commissioners approved an agreement Tuesday with the Community Redevelopment Agency to take more than a dozen properties in the Heart of Boynton neighborhood through eminent domain. . . .Rev. Eddie Evans, of the Jesus House of Worship church on Seacrest Boulevard, offered an emotional plea for his property. "My concern is, if you demand that I go from there, where am I going

Tateum Bowershttp://www.blogger.com/profile/10207555237251624863noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1129641816780077192005-10-18T10:23:00.000-06:002005-10-18T10:22:44.056-06:00

"The city council has voted to sever ties with the quasi-public development authority at the center of a national debate over eminent domain powers.The council voted 6-0 Monday night to revoke the designation of the New London Development Corp. as the city's 'implementing agency' for its Fort Trumbull development. The agency has guided the $73 million state-funded project since its inception in

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1129410906218473052005-10-15T15:15:00.000-06:002005-10-15T15:38:26.450-06:00

"A judge on Friday overturned a voter-passed property compensation law as unconstitutional.[ . . . .]The law, passed as Measure 37 on the November 2004 ballot, requires that state and local governments either compensate land owners when regulations lower property values or waive the rules.James said the statute violates equal protection provisions of the Oregon Constitution and a state

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1129395566573126332005-10-15T10:54:00.000-06:002005-10-15T10:59:26.576-06:00

In December 2004 MLB teamed up with DC to finance a $535 million publicly financed 41,000 seat baseball stadium to allow the former Expos, now the Nationals, to move to DC. The team currently plays at RFK stadium. To move into their new stadium by opening day 2008, eminent domain will take property from 23 landowners.The city made offers to all 23 landowners on the site last month but received no

Tateum Bowershttp://www.blogger.com/profile/10207555237251624863noreply@blogger.com2tag:blogger.com,1999:blog-17684818.post-1129382029266303072005-10-15T10:30:00.000-06:002005-10-15T10:40:23.046-06:00

"The state Senate's Eminent Domain Study Committee headed by Sen. Jeff Chapman (R-Brunswick) got a tough welcome Friday from Stockbridge City Manager Ted Strickland.Chapman brought the committee to town for its latest public hearing because Stockbridge has become the epicenter of the fight over using eminent domain — condemning property — in Georgia.The city, like many around metro Atlanta, is

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com3tag:blogger.com,1999:blog-17684818.post-1129381889305451752005-10-15T07:11:00.000-06:002005-10-15T07:23:16.733-06:00

"Bayonne may use its power of eminent domain to take title to a downtown parcel that has been approved for condo development and put a 'pee-wee' soccer field there." [Ronald Leir, "Eminent domain fight in Bayonne?" The Jersey Journal, October 15, 2005]When many talk about the need for cities to have the power of eminent domain, the illustrations of the sorts of projects for which the power should

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1129295865863866912005-10-14T16:30:00.000-06:002005-10-14T16:41:15.513-06:00

Some Pennsylvania lawmakers say they want to limit the power of eminent domain. "Ms. Kelo's pink cottage in New London was doomed after the U.S. Supreme Court ruled in June that government can force owners to sell their property to make way for private businesses that generate more taxes.Lawmakers want to ensure Pennsylvanians' properties are protected from a similar fate.'The idea that one

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1129295691088603972005-10-14T07:14:00.000-06:002005-10-14T07:41:54.723-06:00

The Town Council in Stratford (Conn.?) defeated : a proposed ordinance to ban the use of eminent domain for economic development."Fearing it might stop development in Stratford, the Town Council said no to the eminent domain ordinance Tuesday.The ordinance, which would have banned the town from condemning private property by eminent domain for economic development purposes, died in a 5-4 vote.

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1129211675727221462005-10-13T10:15:00.000-06:002005-10-13T22:25:13.590-06:00

"Anna DeFaria’s 21/2-year battle with the city of Long Branch came to a climax a week ago.That was when she received a letter giving her two weeks to negotiate the sale of her longtime home or lose it through eminent domain proceedings.“When I read the letter I was devastated,” said DeFaria, Marine Terrace.“I am 80 years old and a widow. Where do you go if they take your home away?”DeFaria has

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1129037428654662132005-10-12T20:30:00.000-06:002005-10-12T20:34:02.316-06:00

"Greensburg Council authorized its solicitor Monday to use condemnation and eminent domain powers if necessary to acquire land for more downtown parking.After last night's meeting, Solicitor Tim McCormick described property negotiations so far as cordial. But he said he wanted to have council's endorsement to use condemnation or eminent domain if needed.In September, council approved spending up

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1129037004120941602005-10-12T20:15:00.000-06:002005-10-12T20:23:56.703-06:00

In one community under the eminent domain gun of a city government there is apparently a webpage maintained by a group of property owners supporting the project and buyout of their property. There is also an opposition group. At the webpage you can find:During the past year and more, Westfield has funded a juggernaut of professional service firms whose mission is to stop the Main Street at Sunset

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1129034594018555762005-10-11T06:56:00.000-06:002005-10-11T06:59:01.936-06:00

From the Washington Times: "Jim Seelbach, 83, lives in a suburb of St. Louis and he is about to lose his home of 20 years. The city wants it to make way for a shopping center.Mr. Seelbach and several dozen neighbors in the city of Sunset Hills face an eminent-domain order that could seize their properties to develop the $160 million complex filled with stores and offices.Even if he were amenable

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0tag:blogger.com,1999:blog-17684818.post-1128982527006711272005-10-10T16:15:00.000-06:002005-10-10T16:55:54.340-06:00

There is an interesting article on the use of eminent domain in east St. Louis in a recent Wall Street Journal: "But to build in an urban area like East St. Louis, Mr. Koman must rely on eminent domain -- the government's power to force a landowner to sell property at what is considered a fair price. The State Street project wouldn't have happened if the city hadn't used the threat of eminent

Larry Eubankshttp://www.blogger.com/profile/15566964700226634137noreply@blogger.com0