Sever|Storey Blog

159th Street Residents Fighting Back Against Land Acquisition

 

While IDOT aggressively pursues acquiring land for the proposed 159th St. Road Project in Homer Glen, IL, landowners are corresponding with an equally aggressive manner.

“Our livelihood depends on that road,” said Bob Schmidt, owner of Wheel-Go Camping, a camping equipment and recreational vehicle retailer at 159th Street and Parker Road for 35 years.

The 159th project, which will widen the popular road predominantly in Orland Park and Homer Glen, is expected to affect around 300 property owners.

Schmidt joined a group of village, township and Will County officials who traveled to Springfield recently to meet with IDOT Secretary Ann Schneider and Omer Osman, IDOT’s chief engineer and director of the division of highways.

Full story here.

If you think you may be affected by the 159th St. Project, and/or are interested in a free consultation, contact our eminent domain landowner attorneys at 1-888-318-3761 or visit us on the web at www.landownerattorneys.com.

MacArthur Boulevard in Springfield Looking for Construction Money

 

 

Design work is finished for the proposed MacArthur extension from I-72 to Woodside Rd., in Springfield, IL. Now all that is needed is some money.

“We’re ready for land acquisition. It’s just a matter of finding the money,” said Sangamon County highway engineer Tim Zahrn said.

MacArthur just finished an extension in 2010, and officials want to continue the road south to Woodside. Zahrn said a grant application will go in next month for $22 million in federal funding to help pay for the second extension of MacArthur Boulevard. The total project cost has been estimated at $36 million.

Sever Storey expects that about five-six parcels could be affected.

Full story here.

If you think you may be affected by the MacArthur extension, and/or are interested in a free consultation, contact our eminent domain landowner attorneys at 1-888-318-3761 or visit us on the web at www.landownerattorneys.com.

North Carolina Eminent Domain Legislative Update - Constitutional Amendment still on track

This week represents an important checkpoint for lawmakers in North Carolina, which is known as the "Crossover Deadline."  In essence, the crossover deadline is a date in the General Assembly's session calendar by which a proposed bill must have passed one chamber - either the NC House or the NC Senate.  A bill must pass this halfway point in order to remain under consideration.  If a bill is stuck in committee or otherwise hasn't received a floor vote, then it's back to the drafting stage.

Advocates for change to North Carolina eminent domain and condemnation law who are concerned about property rights and the use of property by condemning authorities have nothing to worry about, however.  The reason bill sponsors can relax is that their proposed amendment to the North Carolina Constitution's eminent domain powers had already passed the House by an overwhelming margin.  We have written about this proposal, House Bill 8, in these earlier blog posts:

Since it already passed the House, the proposed amendment can still be considered by the NC Senate and the Governor.  House Bill 8 has moved around the Senate's committees since February, as can be seen here:

North Carolina General Assembly - House Bill 8 Information and History

To explain, the Senate received the Bill and it passed its first reading, which was almost automatic.  Two more readings will be required, but before that could happen, the Bill was referred to the Rules and Operations Committee.  After approximately six weeks, House Bill 8 was transfered from the Rules Committee and reassigned to the Judiciary Committee.  These kind of committee reassignments aren't exactly common, but they are not highly unusual either, and it usually comes at the request of the bill sponsors and the leadership ofthe controlling party in the chamber.  In this case, the committee process is not likely to derail the bill, and nearly all observers expect the proposal to receive committee approval and come to the floor of the NC Senate.  When it does, we can expect strong support by both parties' members.

In the end, the current consensus among most political observers is that this bill will eventually pass the Senate and be signed by Governor McCrory.  If that happens, the issue will become a Constitutional ballot measure in November of 2014.  Voters in the state will then have to consider and ratify the law by a simple majority.  Successful passage would then limit the ability of condemnation in North Carolina to projects that are for the "public use," and there would be an absolute right to a civil jury trial to decide compensation in all condemnation cases.

Remember, this bill is not going to have any real affect on some of the larger North Carolina DOT projects that many landowners are worried about, such as the Winston-Salem Northern Beltway, the Greensboro Urban Loop, the LYNX Blue Line Extension in Charlotte, the US 221 Widening in Ashe and Watauga Counties, or the future US 64 Asheboro Bypass, to name just a few.  This law could have a more signficant impact on private condemnors that are focused on economic development zones, rather than traditional infrastructure improvements.

For more information about the Crossover Deadline and other bills, you can read more here:

Which NC bills survived crossover? and follow the News & Observer's Politics Blog

 

John Deere Road Project in Moline Gets Go Ahead from City Leaders

 

 

The Moline Committee of the Whole approved plans for the John Deere Road Project Tuesday, inching the project closer toward realization. The next step for the project will be approval by the Moline City Council.

The John Deere Road Expansion is divided into two parts: an overpass over IL 5 at 38t st. and the addition of two lanes to John Deere Rd.

City leaders say when it's all said and done the project will be a game changer for the area.

"We're hoping to see a major difference in terms of the traffic flow," says Patrick Burke, Moline Planning & Development Director. "People will be able to get to their destinations faster."

Sever Storey has already held one seminar on this project and will likely hold another as land acquisition heats up.

Full story here.

If you think you may be affected by the John Deere Road Project, and/or are interested in a free consultation, contact our eminent domain landowner attorneys at 1-888-318-3761 or visit us on the web at www.landownerattorneys.com.

Eminent Domain is More than Roads

 

Many visitors to this site will notice that the majority of our discussion on eminent domain and acquisition law relates to road projects. Indeed, it is accurate that a very high percentage of entities that exercise their eminent domain authority do it for the purpose of a roadway.

The reality, though, is that there is a veritable endless purpose by which a government or government-like organization may exercise eminent domain to acquire property. The most common non-roadway condemnations include: pipelines, flood plain easements, transmission lines, airports, and railroads.

With that being said, there are many, apparently less sinister projects that require eminent domain. These include: parks, sports complexes, trails, nature preserves, libraries, and school expansions or creation. These lesser known projects generally don't get the attention that a "Illiana" or "Three Rivers Transmission Line" project gets, but the legal procedures, rights and guarantees are in most cases identical. 

It is imperative to remember that as a landowner, you are entitled to just compensation for the acquisition of your property regardless of what the acquisition is for--be it an unpopular airport or a "harmless" bike trail.

If you think you may be affected by a project requiring acquisition of your land, and/or are interested in a free consultation, contact our eminent domain landowner attorneys at 1-888-318-3761 or visit us on the web at www.landownerattorneys.com.

OPINION: Illiana Will Cost Every Taxpayer

The proposed Illiana Expressway will reduce traffic on the Borman Expressway by only 2.2 percent. It will put 7,700 more vehicles on U.S. 41 and 5,000 more vehicles on Interstate 65.

There is a high probability the Illiana will be built by a private entity who will charge tolls to recoup their investment and make a profit. The extra vehicles on 41 and 65 will require major costly road improvements to resurface and add additional lanes, not to mention long-term, continual maintenance.

This effects every Indiana resident, whether you live in Lake, Porter or LaPorte County. Instead of your taxes fixing roads in your community, you will pay to improve and maintain the roads affected by a privately owned Illiana. This effects everybody!

There is no benefit to Indiana. There is a meeting at the Lowell Middle School from 5 p.m. to 8 p.m. Thursday. Stand up and say no to the Illiana!

- Sandy Linden, Lowell

Full story here.

If you think you may be affected by the Illiana Expressway and/or are interested in a free consultation, contact our eminent domain landowner attorneys at 1-888-318-3761 or visit us on the web at www.landownerattorneys.com.

 

Illiana Opponents Cite Environmental Concerns

 

An area conservationist has a list of demands that Illiana Expressway organizers need to heed if it goes forward with its massive interstate passageway.

"For the most part, soils in the corridor are clay or silt-based soils of the Valparaiso Moraine. For these soils to remain productive, surface drainage with a subsurface drainage component is essential to soil productivity and to long-term soil health," Bill Moran, a district conservationist with the Natural Resources Conservation Service, a division of the U.S. Department of Agriculture, said. He said it has been suggested an elevated highway would take care of farming and drainage issues.

Moran suggested an agriculture district should be established in Lake County if the project moves forward. Mitigation funds would be used to buy development rights to preserve an area of prime and unique farmland equal in size to that being lost in the county.

Moran said the proposed Illiana route cuts through no fewer than 23 major farming operations affecting at least 46 farm families.

SEVER STOREY NOTE: Mr. Moran makes some great points. Often one of the more overlooked aspects of land acquisition for highways is the impact on drainage or water access. These effects demand attention from IDOT and INDOT and are absolutely compensable under both state's eminent domain laws.

Full story here.

If you think you may be affected by the Illiana Expressway and/or are interested in a free consultation, contact our eminent domain landowner attorneys at 1-888-318-3761 or visit us on the web at www.landownerattorneys.com.

 

Nexus Pipeline Coming to Northeast Ohio

The Nexus pipeline will carry natural gas from the rich deposits in Eastern Ohio through Michigan and into Canada.  At this point the pipeline is still in the preliminary stages, but make no mistake, it is coming.  The project carries an approximatly $1.2-$1.5 billion price tag, and the three companies involved, Spectra Energy, DTE Energy, and Enbridge, are hopeful that the pipeline will be operational in late 2016.

Spectra officials have begun the process of reaching out to local governmental leaders in an effort to increase awareness and readiness for the project.  The companies must still go through a number of approval processes before they begin to contact landowners regarding the purchase of land and easements.  It is difficult to predict a timeline for this, but it is not unreasonable to believe that it could begin in 2013.

For more information about the pipeline click here.  You can also click here for a story from the Akron Beacon Journal, which provides more information about the need and current staus of the pipeline.

For more information about the eminent domain attorneys at Sever Storey, or if you are involved in your own eminent domain dispute, please contact our office at any time at 1-888-318-3761 or visit us on the web at www.landownerattorneys.com.

George Padgitt

Sever Storey

Eminent Domain and Condemnation Attorneys for Landowners

Indiana Commerce Connector Resurrects Itself

The plan to build another loop around Indianapolis beyond 465-dubbed the Indiana Commerce Connector (seen below)--regains life as lawmakers suggest bringing it back into IDOT's spotlight.

The toll road bypass that would loop east and south of Indianapolis beyond I-465 was first proposed in 2006 by then-Gov. Mitch Daniels. He dropped the plan a few months later in the face of blistering public opposition.

The controversial idea is once again getting some attention in the Indiana Senate, where some fiscal leaders see the highway project as an economic development tool.

As part of their state budget proposal, Republican leaders in the Senate have proposed setting aside $400 million over the next two years for major highway expansion projects — and possibly continuing to provide $200 million a year through 2020 for such projects.

Luke Kenley, R-Noblesville, said the Commerce Connector, along with the completion of I-69 and the expansion of I-70 and I-65 to six lanes, would keep Indiana at the forefront of the transportation, logistics and warehousing industries.

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Full story here.

If you think you may be affected by the Indiana Commerce Connector and/or are interested in a free consultation, contact our eminent domain landowner attorneys at 1-888-318-3761 or visit us on the web at www.landownerattorneys.com.

 

Illiana Opponents Strategize Their Lobbying

More than 100 people filled Niemeyer's Auction Barn Monday to hear strategies to stop the Illiana Expressway.

From No Illiana 4 Us, the event organizer, the rallying cry was: Send letters and more letters and emails to bury the roadway's proponents in the evidence of how strongly the Illinois Expressway is not wanted.

The crowd was told to send their letters to the Northern Indiana Regional Planning Commission and each of its administrators, to state legislators and related state Cabinet posts and more.

People should write letters to the editor, sign existing petitions and create new ones.

 

Story originally in Northwest Indiana Times

"When writing letters, remember the big picture. We're dividing townships, school bus routes, emergency responders when they close roads for this," said Pat Mussman, of the West Creek Township office.

She said tax revenue will be lost locally and health and safety will be jeopardized by the Illiana.

Lake County Commissioner Gerry Scheub said it's one more battle for south Lake County to fight and those behind the Illiana Expressway plans don't fight fair.

"They pit subdivisions, neighbors against each other," he said. "One group of property owners is told one thing; another group of residents, another."

Virginia Hamann, of Peotone Township in Illinois, agreed. She said that's one reason Illinois and Indiana property owners are now meeting together.

It is still possible to defeat the Illiana proposal, Hamann said, and she cited such a defeat in Kane County, Ill., as an example.

Lucille Justice, of West 165th Avenue in West Creek Township, said she and her husband Jeff were told nothing before crews came on their property for soil borings and archaeological impact studies.

"I saw some young people on our property digging, and I asked my husband. He said they were hunting for arrowheads. I didn't know they were the road people," Justice said.

She said they received no letter in advance nor did the crews on two separate visits come to the door. They did, however, leave big, heavy equipment tracks on their land.

"We have no rights," she said.

Their neighbors, the Derflingers, reported similar problems.

"We were appalled," Pam Derflinger said. "They had big machines come on our property and never even came to our door," she said.

They also did not receive any letter notifying them to expect a visit.

Lake County Councilman Eldon Strong, R-7th, said he has been fighting the expressway for five years and urged the crowd to stay strong and allied.

Handouts with names and addresses of those to write were given and a "No Build" petition was passed around.

The proposed 46.8-mile expressway will reduce the truck traffic on local roads, cut commuting times and reduce congestion and improve accessibility to jobs, according to state highway officials. It would run from Interstate 55 in Illinois to Interstate 65 east of Cedar Lake and Lowell.

IDOT and INDOT estimate the project will create or retain more than 9,000 immediate construction jobs and more than 25,000 long-term jobs.

If you think you may be affected by Illiana and/or are interested in a free consultation, contact our eminent domain landowner attorneys at 1-888-318-3761 or visit us on the web at www.landownerattorneys.com.

Educational Videos

Sever Storey is passionate about helping landowners. We have created a video library packed with knowledge and information to help landowners gain more facts about the eminent domain process. Please watch the video's and let us know if you have any questions that we can help answer.

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North Carolina Eminent Domain and Condemnation

At Sever Storey, we are lawyers work exclusively for LANDOWNERS. Both the State of North Carolina’s laws and the United States Constitution require that landowners receive just compensation in exchange for any land taken...

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