The California Supreme Court this week ruled that developers can be required to provide a percentage of below market cost affordable housing.
Developers had argued that such a requirement was a taking of their property. The Court rejected this argument and found that local governments have “broad discretion to regulate the use of real property to serve the legitimate interests of the general public.”
Posted ininverse condemnation, land use, legal trend
Even states that offer relocation costs, don’t do it readily. In the case of Garden Gove, California, it took 2 judges to force payment of relocation costs to low income residents. A mobile home park was taken via eminent domain to make way for the Great Wolf water park. Garden Gove is now ordered to pay $141,540 to the displaced residents. California is actively building high speed rail. This week the State Public Works Board approved its 246th condemantion resolution since 2013. Fresno Bee Not only is aquiring land time consuming, but California’s experience is also teaching us that high speed rail is a lengthy process. To move high speed rail along more quickly, the California legislature added a budget rider that will: Earlier this month, Denbury appealed the most recent appellate decision in its case aginst Texas Rice Land Partners. Denbury argues that the Court of Appeals did not follow the Texas Supreme Court’s test for common carrier, estbalished by this lengthy legal saga. Denbury goes on to argue that the TX Supreme Court has new common carrier issues it needs to look at too. Such as- Is there common carrier status in §2.105 of the Texas Business Organizations Code? Common Carrier: … Taking private land motivates people. When it comes to Keystone XL pipeline in the Northern plains, there have been protests with crops, Willie Nelson fundraisers, parades, and now protesting at court houses. Water is a precious resource. Missoula Montana has recieved court approval to sieze a private water company by eminent domain. The private water company now has 30 days to provide Missoula with an appraisal of its valuation. The legal fees to get to this point: $3 million.
Posted incompensation, legal trend, private company, private property rights, water
A man living on Oriental Avenue in Altantic City is facing eminent domain action by the New Jersey’s Casino Reinvestment Development Authority. For all the Monopoly players, Oriental Avenue is a light blue property with a $6 rent. Its a case that pushes into Kelo territory since the development authority wants to use the property for part of a “tourism village” to revitalize the economy. What could have been a local story has turned national when CNN started paying… 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. ” 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?… 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. Relocation Costs. Some States have it. Some States Do Not. Some States Have it & Refuse to Pay.
How many condemnations does it take to build high speed rail?
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Denbury 6+ Years of Common Carrier Status in Dispute
Protesting for Private Property Rights at Courthouses
Legal Trend: Court Approves Taking of An Entire Private Utility Company by a City
Big Eminent Domain Story of the Week: Monopoly Man vs. the Economic Development Corp.
Legal Trend: Road Width. Is it a Public Use?
Rehearing in Denbury? Deja vu All Over Again
Jury Awards $810,000 more than Initial Offer for Partial Taking