Lege Trend: Eastern State Seeks to Up Relocation Costs for Farmers, Businesses, Residential & Renters.

What state, that’s NOT California, is looking to increase relocation costs? Pennsylvania

What are the current relocation cost rates in PA?  

  • For businesses the cap is $12, 000.
  • For private home owners the damage cap for relocation costs is $27,000.
  • For tenants, the damage cap is $6,300

What damage cap rates for relocation costs in PA considering?

  • $25,000 for businesses
  • $31,000 for residential owners
  • $7,200 for tenants

Fox Rothschild | PA considering Increasing Condemnee…

How a $244K property payment by a Sewer District became a $12M property owner award + $4M in attorney fees.

What’s this eminent domain case about? New York’s Rockland County Sewer District No. 1 needs to build a new wastewater treatment facility & sought to acquire 21 acres.

What did the court decide? The property is worth $8,100,000 plus $4,762,187 interest, a total of $12,877,061. PLUS, the court awarded $$3,375,000  in legal and appraisal fees.

What did the sewer district estimate the cost of the project to be?  $72 Million. After this court case, the project estiamte is $181…

Quick Take Eminent Domain- Do the Required Condemner Funds in Escrow Belong to the Condemner or the Land Owner?

Background: In Florida to trigger quick take possession of land via eminent domain, the condeming entity has to deposit funds with the court.

Legal Fight Over Which Party Gets the Interest on Funds Held in an Eminent Domain case: 

  • The landowner wants the interest to fulfill the compensation owed
  • The Court of Appeals allowed 90% to be returned to the condemning entity

The Case:  Livingston v. Frank, 150 So. 3d 239 (Fla. 2d DCA 2014)

How is this relevant to Texas? The Texas Supreme…

West Texas Farmers 3 Concerns About Pipelines

  • Pipeline machinery are a nuisance to tranquil enjoyment and to cotton crops
  • Pipelines threaten lawsuits from the outset
  • Farmers fear retailiation by the pipelines

Farmers talking about a proposed west Texas pipeline that will bring products to Mexico.

AP via Washington Times | Some farmers in West Texas raise concerns about pipeline

Public Use Question Stops Land Development on Unanimous Vote. 3 Reasons Why.

  • Does a development project, that receives, some public financing qualify the entity to use eminent domain in Arkansas?
    • No one at the Little Rock Tech Park Authority knew for sure.
    • But, a former elected official, of the Democrat persuasion, put of staunch resistance to eminent domain authority
  • What’s the problem for them with using eminent domain? 
    • Costs more money to use eminent domain than to negotiate
    • Any time spent in court fighting over eminent domain costs the project time and…

10 years. $19 Million Verdict. Win for Land Owners Battling Eminent Domain.

The Legal Decision a Win for Landowners. Landowners in Long Beach, New York prevailed in court this week when an appeal by the city was denied.

$5.5M per landowner for undervalued land in eminent domain. The decision awards $19 million for land values, attorney fees and costs, plus interest to land owners. Each landowner was underpaid for property at the roughly $5.5 million each.

What is the city doing with this land? A Developer wants to build luxury apartments, retail space, and a…

Government Takes Land by Eminent Domain. Builds Nothing. Now re-sells Homes.

In the 1950s and 1960s, a transportation authority in California gobbled up, with compensation, homes to make room for a freeway, and maybe some rail. High hopes. Big dreams of efficient transportation were for naught. 

Nothing was built. But since the mid 1900s, the state has leased the homes to residents, who now hope to buy their abode. 

Here’s the math, the homes were bought for $20,000ish, market price for nearby comparable homes now is $800,000.

LA Times

Water Tunnels. Eminent Domain Meets Drought.

California’s Governor Jerry Brown has proposed water tunnels to move water around California.  California farmers have water and the cities need it.

To accomplish this great water migration, California is proposing to use eminent domain against 300 farms to build the 30-mile-long tunnels that will reshape the delta formed by the San Joaquin and Sacramento rivers.

Landowners are facing a 30 day window to either accept or reject 1, single, offer from the state according to…

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…