A North Carolina Appeallate Court ruled that widening a road, at the end of a dead end street, does not qualify as a public use.
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Rehearing in Denbury? Deja vu All Over Again
” The Texas Pipeline Association, TransCanada Corp. and tort reform group the Texas Civil Justice League on Monday urged the Texas Supreme Court to review a ruling they say spells potentially disastrous delays for pipeline projects across the state.”
What’s the impending disaster?…
Eminent Domain Costs for Stadium Building. Contract Terms.
DC United is building a new futbol stadium. For the American audience, a futbol stadium is used for a sport that Americans calls soccer. Now that we’re on the same page, stadiums are expensive.
In structuring the DC United Stadium deal, it calls for D.C. United to reimburse D.C. 50% of the excess cost (above $89 million on land acquisition and $61 million on land preparation) to a maximum amount of $10 million, paid in annual installments as part of the team’s ground lease.
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Jury Awards $810,000 more than Initial Offer for Partial Taking
A Miami-Dad jury awarded a land owner $855,000 in a partial taking suit. The local governmental entity initially offered $45,000 for the land it needed to build an emergency access bridge.
Landowners Form Pipeline Rebellion; Get Assist From Landowner Owning 3 Newspapers.
This story has it all- united landowners upset by pre-condemnation access by a private company exercising eminent domain for a project that won’t produce a direct public use in some states the pipeline crosses. As an added bonus, the Georgia Governor is openly opposed.
Another Southern rebellion is afoot according to the Los Angles Times . Landowners in the South are joining forces to s…
Lege Trend: Short Term Home Rentals
California legislature is considering “SB 593, which would require such “hosting platforms” to give cities and counties the addresses of rental residences, the number of nights the sites were occupied and the amounts the renters paid.”
The big players in this business, Air BnB, and Homeaway, are hiring up. California lawyer types are thinking of it as a new test for the sharing economy- ride share, home share, etc…
How much flexibility you have with using your home &…
Kelo 10 years Later
How did eminent domain use for economic development purposes fare, even with the US Supreme Court’s blessing in Kelo? There were no winners.
- The land on which Suzette Kelo’s house stood is undeveloped.
- The company, Pfzier, which received tax incentives and abatements in the economic devleopment plan, closed its operations in New London in 2010.
Cattlemen Sieze Trend: Public Use Standard has run amuck
Other states have reigned in eminent domain authority by denying eminent domain when there is no public use. Their actions have been via court action, legislation, and regulatory denial of permitting.
The classic example has become a pipeline or transmission line that does not provide service or use to any part of the state through which it passes.
Joining the legislative trend to reign in eminent domain standard of public use. President of the Cattle Raisers writes,”In m…
Watch out Presidential Contenders: Eminent Domain Becoming a Campaign Issue in Iowa
A former elected official is vowing to defeat incumbents in different districts if eminent domain overhaul isn’t finalized. The target: no eminent domain for private gain.
Iowa is quickly moving forward to make it considerably more challenging for a private comapny to exercise eminent domain.
“Use of eminent domain also deepens the feelings of landowners and others “who feel the average person’s freedom and liberty doesn’t matter anymore and that big corporations with pol…
Regulatory Trend: Show Me State Poised to Say No to Eminent Domain for Transmission Line
A transmission line that was denied eminent domain in Arkansas, faces a second denial for the use of eminent domain because the transmission company cannot show need.
From the regulators:
” A Missouri Public Service Commission staff report found that while CLEP demonstrated abilities to …