Category Archives: compensation

Eminent Domain. Church. Texas. Competing Constitutional Rights + Compensation Dispute.

Where in Texas is a church facing potential eminent domain situation?  Longview

What is the discrepancy in compensation?

  • The city offered offered $1,049.50
  • An appraiser has appraised the value of the land to be taken at  $71,209.00

What trends have been happening with eminent domain & churches?

  • The City of Houston in 2015 backed away from a plan to include a church in an eminent domain qualifying housing project
  • Courts in Kentucky have said that the church’s 1st amendment rights…

Local TREND: Owner Builds. City Takes Part of Owner's Land in Exchange. 4 Pieces of Intel to Keep you Informed:

Which city is trading building permits for land? The City of Perris, California

What was the city’s policy? Its called a dedication requirement. Here’s how it works:

  • Property owner wants to build on their property.
  • Property owner needs permits.
  • City takes part of your land when you get your building permit

Why is the City of Perris taking land when permits are issued?

  • To suppress the fair market compensation value of land
  • Later, the city will take more of the owner’s land via eminent…

Apple meets Rapid Transit and Eminent Domain. The Big Dog is Apple. Eminent Domain Role Reversal.

What transportation project may impact Apple facilities? Bay Area Rapid Transit (BART) wants to connect San Francisco to San Jose by adding BART down the penninsula.

An Apple facility is part of the plan? Yes, an Apple facility is planend to be used for construction and may be a transit hub.

How is eminent domain playing? Officials are concerned that eminent domain will be expensive as Apple has spent millions on upgrades to the facility

Business Insider | A secret Apple warehouse is…

INTERIM. Kelo Film at Cannes. Eminent Domain Movie in France. US Theaters Later this Year.

Little Pink House, a film starring an Oscar nominee, tells the story of Suzette Kelo and her eminent domain fight against the City of New London, CT.

 “This film tells the real-life story of Susette Kelo, a blue-collar woman who dared to stand up against white-collar powerbrokers, and Susette’s inspirational story is conveyed with power and grace by the wonderfully talented Catherine Keener.”

Theatrical release will be late 2016. 

Northernstars | News from Cannes 

Eminent Domain for Drug Prices. 3 Key Points to the Argument.

  • Federal Law Says So. The because I said so reason from the government for siezing drug companies patents is rooted in 28 U.S.C. section 1498. 
  • Reasonable Compensation to Pharmaceuticals. Drug companies would get “reasonable and entire compensation”
  • The government doesn’t have to get consent. The government can use any patent without consent so long as the compensation is ” “reasonable and entire.”

The question: does the fear of eminent domain to take drug patents bring about…

Navasota County Judge Raises New Eminent Domain Issue.

What new issue did the Navasota County Judge rise about eminent domain and high speed rail? The impact to property values for property adjacent to property that is taken by eminent domain for high speed rail.

Why is concerned about neighboring property? Neighboring property owners do not receive compensation but will be impacted by Texas Central Rail.

Navasota News 1550 | County Judge Fights TCP In Austin Trip

 

Legal Trend. 3 Markers to Support Eminent Domain from the East.

State courts in which state are grappling with eminent domain for a pipeline over landowner objections? Pennsylvania

What 3 considerations did the judge list in approving eminent domain to move forward?

  • Declaration of Taking complies with state law
  • Pipeline’s condemnation plans are “sufficient to properly identify the disputed acreage”
  • Pipeline is financially stable to pay for any potential damages

Daily Item | Judge upholds eminent domain for PPL

Legal Trend at SCOTUS: Regulatory Takings. 3 Key Informed Intel.

What case before the U.S. Supreme Court is about regulatory takings? Murr v. Wisconsin, No. 15-214

What happened to the property owner to spark this lawsuit?

  • Property owners owned 2 adjacent, but separate, 1 acre lots
  • A County Ordinance prohibits the sale or development of adjacent lots, if 1 lot is less than an acre
  • The Property Owners said it prevented them from enjoying and using their land, and prohibited the sale of 1 of the acres
  • The Court said, we have to consider both lots as…

INTERIM. Editorial. TX City Changes Eminent Domain Process. Gets it Right in 3 ways.

What good acts did Dallas City Council do on eminent domain?

  • After hearing from a constituent that could not afford to relocate based on the city’s offer, the city paused the project to find a better solution.
  • City Council members also forced a review of the city’s eminent domain procedures
  • City Council returned to a 2 step eminent domain process.
    • Step 1: Try to reach an agreement with the land owner
    • Step 2: When no agreement is reached, City Council must separately approve eminent…

Private Property Rights meets Land Speculation. Indictments in North Texas. 4 Key Informed Intel.

What law enforcement agency was investigating land deals in North Texas? U.S. Department of Justice

What transportation project is involved? I-35 E expansion in Denton County

What crimes are alleged to be involved in these land deals?  conspiracy to commit mail fraud

What makes people believe real estate development was land speculation?

  • accused of deceiving the Texas Department of Transportation by
  • buying frontage land low
  • asserting that the land was under development
  • and…