Author Archives: admin

Another Judge Stops Pre-Condemnation Access

Add West Virginia to the list of states where judges are blocking access for pre-condemnation access to land without land owner permission.

Its generally legal that condemning entities can enter land that they will condemn to survey the land. But, that general ability is being called into question by the courts.

In 2014, California trial judge put the breaks on pre-condemnation access. This week, a West Virginia judge is blocking surveyors for the Mountain Valley Pipeline project from…

Houston Churches Battling Eminent Domain

Two 5th ward churches are in a brewing eminent domain battle over property that the Houston Housing Authority would like to develop for low income housing and a library. This story has it all- historic churches, a wheel chair bound pastor, and a city relying on recommendations from the neighborhood itself.

The churches: 

  • First Christian Fellowship Missionary Baptist Church
  • Latter Day Deliverance Revival Church

The legal actions:

  • The churches, representated by the Liberty Institute, are…

Trump & Eminent Domain. 3 Highlights from Michelle Malkin Column.

A 2011 Michelle Malkin column ties Donalad Trump to eminent domain abuses. The highlights:

  • “Too many mega-developers like Trump have achieved success by using and abusing the government’s ability to commandeer private property for purported “public use.”‘
  • “Trump has shown reckless disregard for fundamental private property rights. In the 1990s, he waged a notorious war on elderly homeowner Vera Coking, who owned a little home in Atlantic City that stood in the way of Trump’s manifest land…

City Official Comments on Paying Landowner Attorney Fees in Eminent Domain

Officials in Tulsa, Oklahoma want to remove the statutory requirement that if landwoners at trial receive a value 10% higher than the special commissioners, then the local government has to pay the landwoner fees and expenses.

Paying attorney fees and expenses led to this comment by a Tulsa official: “That 10 percent rule is basically a pain in the neck,” Swiney said. “I think it leads to abuse. It leads to bill padding. It discourages settlement and encourages litigation.”

Public Radio…

New London, CT Resident Describes how Eminent Domain Ruined the Town

…”The city has never capitalized on this to bring tourism. The neighborhood where homes and businesses once stood, is now a giant weed-filled lot near the water. The proposed hotel, condo, restaurant and office complex that was supposed to be built went out the window because the development company that was awarded the contract went out of business after leveling all of the homes and businesses that were there.

This parcel is next to the property that was given to Pfizer by the city….

Pop the Popcorn Kelo, The MOVIE! is Coming Soon.

This fall filming will being for Little Pink House, the film devoted to telling the story of Susette Kelo.   

“[The producer] describes it as a classic David and Goliath story that focuses on Kelo, a single mother who had her Connecticut house seized by the city of New London and turned over to private developers. “

Reason    Little Pink House Film

Legal Trend: 6 Month Beach Erosion Taking for Stormwater Drain. Ends with Big $ Win for Landowners.

Long Beach Township took property from 7 beach front owners for a storm water project. Long Beach Township asserts it did so because a state agency told it to do so. A natual reply as that explanation worked well with our parents as 9 year olds- so and so made me do it. 

The beach project was voided, a win for landwoners.  But, since an eminent domain qualifying project was involved, the state & local government were able to start accessing the property from day 1.

The landowners also…

Lege trend: 2 Step Agency Approval for Pipeline Eminent Domain

The South Carolina Attorney General issued an opinion asserting that a pipeline probably does not have eminent domain authority which sent legislators into overdrive. 

The proposal floating around would require an oil and gas comapny to get approval from:

  • The head of the state Department of Health and Environmental Control
  • The head of the  Public Service Commission (its  7  members are elected by the Legislature)

Augusta Chronicle