Category Archives: compensation

Bill Drafting. Eminent Domain Compensation. 2 Standards to trigger Attorney Fees.

Attorney fee standards in eminent domain statutes are either:

  • reasonable attorney fees or costs
  • attorney fees and costs “actually incurred” *

* Courts may find “Actually incurred” means invoiced and not actually paid.

The Nebraska Supreme Court in Transcanada was analyzing a “actually incurred” standard when it determined there was insufficent supporting evidence concerning the attorney fees.

TransCanada Keystone Pipeline, LP v. Nicholas Family Ltd. P’ship, No. S-17-116 (Mar. 9, 2018) via Ne…

1 Reason Eminent Domain Cases May Move to Federal Court. US Supreme Court Watch.

The U.S. Supreme Court has agreed to hear Knick v. Township of Scott  which could overturn its ruling Williamson County Regional Planning Commission v. Hamilton Bank.

Why does this matter to state legislatures? As ABBA sings—-m oney, money, money.    Compensation standards and awards differ. 

Besides money, why should state and local officials care? Because vocal private property rights activists also want Williamson County overturned. 

 

Reason | Supreme Court Will Hear Important…

Anatomy of a Compensation Award. From $11,000 to $1.1 Million.

State: Ohio

Eminent Domain Use to take: 0.338 acres of land for an overpass and bridge by the Ohio Turnpike and Infrastructure Commission

The Ohio Turnpike and Infrastructure Commission sues and the initial eminent domain award: $11,865, the last settlement offer

The landowners appealed the initial eminent domain award to a jury that awarded: $1.1 Million in damagfes reflecting the land owner’s appraiser’s appraisal

Cleveland Scene | Jury Awards Lorain Family $1 Million in Damages in Ohio…

TREND forecast: New US Supreme Court Case. New Eminent Rule on Private Property Compensation.

What’s happening? Refreshing our recollection- a billionaire beach front property owner near San Francisco is now required by law and state court rulings to open his private beach to surfers.

What are these surfers facing with the US Supreme Court? If the Court takes the case, the issue will be whether  government can command that parties open their private property to the public without compensation.

SF Gate | Martins Beach billionaire owner takes fight over public access to US Supreme Court

Lege Trend. Increase Compensation for Eminent Domain. Except for Cities.

Wisconsin AB 770 will “fundamentally re-write” eminent domain compensation to landowners. Here’s how:

  • including in compensation “reasonable project costs” like relocating & restarting  your business
  • raise the maximum compensation amounts offered to both tenants  (up tp $80K) and property owners (Up to 100K)
  • retain the maximum compensation caps only for citiesm towns and villages but not for private entities or state agencies

Opponents say:

  • great cost to state government, utilities & other…

Legal TREND. Port Uses Eminent Domain to Buy Competing Port. The Courts Say Ports…

The Port had the power to use eminent domain on a 4:3 vote.

  • This issue will be re-litigated during a re-hearing.
  • The re-hearing will focus on whether if the condemning entity turns the property over to a private company to operate, is the eminent domain use justified?

As for compensation, the Port that was acquired didn’t receive just compensation.

The case:  St. Bernard Port, Harbor v. Violet Dock Port, Inc.

Owners Counsel | Louisiana Supreme Court Decides St. Bernard Port, Harbor v.…

Lege Trend. 3 limits for eminent domain by a private company in this piece of legislation

Nebraska’s LB 1017  (2018) would require:

  • pipelines to prove by preponderance of the evidence that the pipeline is a public use & that just compensation was paid
  • include in the calculation of just compensation the economic benefit to the private company
  • Construction limitations including:
    • $100 Million performance bonds
    • A filed decommissioning plan for piepline removal at the end of the pipeline’s use

Lincoln Journal Star | Bob Krist bill would tighten requirements for pipeline…

Lege Trend. Eminent Domain Compensation. New Calculations for Lost Profits for Businesses & Farms. Read the Bill.

Virginia Legislature is considering SB 809  that reframes lost profit for eminent domain property valuations by:

  • applying lost profits to businesses & farms
  • applies to a partial taking of land
  • the valuation calculation begins once the property owner is prevented from using all of his land or any property rights are taken.

Lege Trend. Private Property Rights in Private Wells. Compensation for Restricted Well use. Read the Bill.

 In true Libertarian fashion, New Hampshire Legislature is considering House Bill 1226 (2018) that exempts from drought restrictions private wells.

What supporters say:

  • HB 1226 is about basic Property Rights
  • Riparian rights are a long standing legal right and tradition
  • If opponents want to stop private wells from use during drought, then private wells should be reimbursed for the property rights loss

What opponents say:

  • private wells still draw down water reserves and there is a greater…