Sever|Storey Blog

County uses eminent domain to acquire bank lot

Miami County commissioners have targeted three properties to purchase to help regain the parking they will lose once the new county jail is built on the lot south of the Administration Building, but one of the three property owners isn’t willing to budge on the selling price.

The commissioners voted unanimously during their Sept. 3 meeting to use eminent domain to acquire the Citizens State Bank parking lot east of the Miami County Administration Building.

Miami County Administrator Shane Krull said the bank is asking for $200,000 for the 30-space parking lot, and ongoing negotiations have been unsuccessful. Eminent domain allows a governmental entity to acquire property for public use.

Full story here.

New Eminent Domain Law May Require Business-Litigation Approach To Condemnation Cases

The Charlottesville paper recently ran an interesting story about how local road improvement projects will test the limits and scope of the Commonwealth's new eminent domain law.  The new laws are comprised of reforms passed in 2007 and a constitutional amendment passed in 2012.  State Senator Mark Obenshain is quoted as saying: "Property owners seeking remedies under the new legislation may petition the state for up to three years' worth of future profits" which could be based on lost profits.  Previously Virginia's condemnation proceedings measured damage by means of real estate valuations, rather than allowing for recovery of lost profits. 

This change in the law may turn condemnation cases into something that more resembles business litigation, with competing economic experts analyzing claims for lost profits.  Property owners seeking to challenge eminent domain takings under the new statute may want to reassess how they negotiate with the Commonwealth and what kind of evidence, witnesses and attorneys they need to prove their case.

Full story here.

Improvements Coming to SR 32 as Part of Eastern Corridor

The Ohio Department of Transportation recently announced improvements that will be made in the Eastgate area as part of the Eastern Corridor program. Plans include widening state Route 32 between Eastgate Boulevard and Olive Branch-Stonelick Road in Union Township by adding a travel lane in each direction and building a new westbound exit from state Route 32 to Glen Este-Withamsville Road and an eastbound exit to Clepper Lane.

Plans also include:

  • Removing traffic signals and closing local access between Eastgate Boulevard and Olive Branch-Stonelick Road.
  • Building a new bridge to allow Glen Este-Withamsville Road to stretch over state Route 32.
  • Extending Clepper Lane east to Bach Buxton Road.
  • Building a new interchange near Bach Buxton Road and Elick Lane, with a bridge over state Route 32.
  • Building a new bridge to allow Old state Route 74 to travel over state Route 32.
  • Making additional local roadway network improvements to better connect Old state Route 74, Glen Este-Withamsville Road and Clepper Lane with state Route 32.

To read an article on the planned improvements, click here

If you have questions about the eminent domain process or think your property may be affected by these improvements, please do not hesitate to call Sever Storey at (614) 360-2818.

Moberly speaks up

 

The fourth of eight Public Hearings on the proposed Grain Belt Express high voltage direct current transmission line was held Thursday evening at the Moberly Municipal Auditorium conducted by the Missouri Public Service Commission.

Three of the five MPS commissioners were in attendance and invited speakers to approach the podium, state their name, spell their last name and state where they live.

The opportunity to speak to the Missouri Public Service Commission in Moberly gave more than 30 individuals (by 9:30 p.m.) for their wishes to be heard in opposition or in favor of the transmission line to cross Missouri.

Full story here.

If you think you may be affected by the Grain Belt Express 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.

PSC to hear Grain Belt requests

 

The Missouri Public Service Commission will hold local public hearings this week in Cameron, St. Joseph and Hamilton for a case filed by Grain Belt Express Clean Line.

Grain Belt is seeking a certificate to construct, own, operate, and maintain a high-voltage, direct current transmission line and associated facilities in Buchanan and seven other Missouri counties. Approximately 206 miles of the line would cross the state from Kansas and then proceed into Illinois and Indiana.

One of the hearings will be held at 11 a.m. Wednesday at the Cameron Community Center, 219 Ashland Ave., in Cameron. A second hearing that day is set for 6 p.m. at the Moila Shriners Ballroom, 701 North Noyes Blvd., in St. Joseph.

On Thursday, the PSC will hold a third and final Northwest Missouri hearing at the Hamilton Community Arts Theatre on East Penney Drive in Hamilton.

Full story here.

If you think you may be affected by the Grain Belt Express 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.

Final four Grain Belt Express hearings are critical

 

Charles Henke testifies while holding his son about the negative impact transmission lines would have on his 6th generation family farm. The Missouri Public Service Commission is the governing body that will decide if Grain Belt Express will get the ability to condemn over 5,000 acres of private land in order to erect high voltage DC transmission lines on it.

In a major break in precedent due to the 7,000 comments, the Commission decided to hold public hearings in each of the eight impacted counties. Four hearings on the east side of the state were held August 12th and 14th. In total, approximately 1,200 people attended the hearings with the vast majority in opposition to the project.

Full story here.

If you think you may be affected by the Grain Belt Express 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.

Panel reviews $300M plan for potential Route 53 ‘unintended consequences’

 

Pointing to flooding issues around Casey Road five years after Route 45 was widened south of Route 120, Mike Warner with the Lake County Stormwater Management Commission said “there’s always going to be unintended consequences” when it comes to road improvements.

Warner offered this observation on Tuesday, Aug. 27, to a group studying a much larger road-improvement concept: the extension of Route 53 north of Lake Cook Road into Lake County.

With that rule in mind, members of the Illinois Tollway’s Environmental Stewardship Fund subcommittee reviewed two basic provisions that would come with the proposed $2.87 billion roadway:

Full story here.

If you think you may be affected by the Route 53 Extension 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.

Tollway explores how to pay for Route 53 extension

 

Reinstating the Deerfield Toll Plaza on the Tri-State Tollway (I-94/I-294) or a new gas tax in Lake County could help bridge a nearly $2.87 billion shortfall in paying to extend Route 53.

But members of an Illinois tollway advisory group didn't make any decisions Tuesday as they analyzed some difficult scenarios to pay for stretching Route 53 north to Route 120 as a four-laneparkway with a speed of 45 mph.

The tollway board of directors has the final say on whether the agency will adopt the project.

Full story here.

If you think you may be affected by the Route 53 Extension 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. 

NEXUS Pipeline to Begin Easement Negotiations Soon

 

Officials from Spectra Energy Co will be looking to meet with property owners along the NEXUS Pipeline route soon in order to being the easement neogtiation process. This appears to be in conjunction with surveying efforts mentioned in an earlier blog.

LANDOWNERS: It is important that you have the right information in order to make the right decisions as you deal with Spectra. Sever Storey stands ready to help you through the process. We encourage you to call our firm at 614-360-2818 for information. We are a firm the represents landowners affected by eminent domain all over the State of Ohio. We will help you through the process and ensure that you are compensated and treated fairly.

Spectra will have the ability to use eminent domain to acquire the necessary easements. However, you should not be intimidated by this. Our firm has used the condemnation (eminent domain) process effectively to recover more compensation for our clients hundreds of times in the past.

For an article with more information, click here.

Hayes West Freemont Line Receives Approval

Earlier this week, the Ohio Power Siting Board issued its Opinion, Order, and Certificate to American Transmission Systems, Inc. (ATSI) for the Hayes-West Freemont 138-kv Transmission Line. ATSI has no cleared what is essentially the last hurdle in the approval process for the line.

The Power Siting Board's Opinion determined that the project complied with all environmental requirements, was for the public good, and ATSI should be granted a certificate for the construction, operation and maintenance of the line along the preferred route. The Power Siting Board's Opinion will also give ATSI the power to obtain easements using eminent domain if they are unable to reach agreements with property owners along the line.

Landowners that will be affected by the project should expect to be hearing from ATSI more in the near future. Sever Storey will be hosting a seminar for affected landowners on September 9, 2014 at the Birchard Public Library, 423 Croghan St. Freemont, Ohio 43420, at 6:30pm. We will present information about the eminent domain process and what to expect as ATSI attempts to obtain easements. 

Sever Storey is a law firm that exclusively represents property owners affected by eminent domain. For more information about the eminent domain process or our upcoming seminar, please feel free to give us a call at 614-360-2818. Ask for George Padgitt. Or you can email George at This email address is being protected from spambots. You need JavaScript enabled to view it. .

To view the Power Siting Board's Opinion, click here.

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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