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.
Legal Trend: Court Approves Taking of An Entire Private Utility Company by a City
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.
Big Eminent Domain Story of the Week: Monopoly Man vs. the Economic Development Corp.
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 attention.
Legal Trend: Road Width. Is it a Public Use?
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.
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? They say that the “lower appellate court decision threatens the longstanding precedent that entities with eminent domain authority can take possession of land before litigating any disputes that arise.”
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.
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 stop pipelines. Here’s where the story gets more interesting:
“”What’s different about this project — unprecedented — is that a landowner controls three major newspapers along the pipeline route,” said Allen Fore, vice president of public affairs for Kinder Morgan.”
Landowners are increasingly unwilling to negotiate in response to “brazen” acts by the pipeline company.
And, here’s where owning newspapers comes into full impact: “the Savannah Morning News published mug shots of three company surveyors who were arrested on suspicion of trespassing on Morris’ 24,000-acre plantation without permission.”
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 & land may be a legislative session away. Will state regulation, limiting your ability ti put your home to the highest and best use, amount to an inverse condemnation?
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.