Special Eminent Domain Concerns for Business Owners
Eminent domain is the power through which the government can take private property for a public purpose, so long as it provides the property owner with “just compensation.” At its most basic level, one can think of the exercise of eminent domain (called a condemnation action) as a forced sale of property. Not every condemnation … Continue reading “Special Eminent Domain Concerns for Business Owners”
Sever Storey Mountain Valley Pipeline Southgate Set to Expand into North Carolina
Mountain Valley Pipeline, LLC, has proposed the construction of MVP Southgate, a natural gas pipeline that will run about 72 miles from southern Virginia into North Carolina. The Mountain Valley Mainline will move natural gas from Marcellus and Utica shale production areas to various markets in the South and Mid-Atlantic markets. The MVP Southgate will … Continue reading “Mountain Valley Pipeline Southgate Set to Expand into North Carolina”
Sever Storey West Palm Beach, Florida, Eminent Domain Abuse
South Florida’s Palm Beach County is a tropical oasis and golfers’ paradise (now home to more than 160 golf courses). But for several homeowners, a proposed golf course expansion in the late 1990s proved their personal nightmare. Another Golf Course? In the 1980s, Palm Beach County honed in on the John and Wendy Zamecnik’s neighborhood … Continue reading “West Palm Beach, Florida, Eminent Domain Abuse”
Sever Storey Eminent Domain Abuse: The Blight Stigma in Lakewood, Ohio
Jim and JoAnn Saleet moved to Lakewood, Ohio, in 1965. Their dream home was perched in a cozy working-class neighborhood, known as the West End, overlooking beautiful valley views. Decades later, city officials sought to stave off a purported exodus, create jobs, and increase the city’s tax base. In 2003, the Lakewood city council approved … Continue reading “Eminent Domain Abuse: The Blight Stigma in Lakewood, Ohio”
Sever Storey Supreme Court Agrees to Hear Pennsylvania Takings Case Regarding Revolutionary War-Era Cemetery
The U.S. Supreme Court will hear an interesting and unusual case this fall regarding an elderly woman who owns 90 acres of rolling land in Scott Township in Lackawanna County, Pennsylvania. To her and others’ surprise, her property may be a burial site for ancient human remains. Monuments—believed to be ancient tombstones—were purportedly found onsite, … Continue reading “Supreme Court Agrees to Hear Pennsylvania Takings Case Regarding Revolutionary War-Era Cemetery”
Sever Storey Homeowner Fights Back Against Casino Taking
Charles Birnbaum, son of immigrants and Holocaust survivors, owned a modest brick house near the Atlantic City Boardwalk. That home had remained in his family for a half century. In 2014 the New Jersey Casino Reinvestment Development Authority (CRDA), a New Jersey state agency, used its eminent domain powers to seize the Birnbaum’s property, seemingly … Continue reading “Homeowner Fights Back Against Casino Taking”
Sever Storey Who’s Going Pay for the Wall? Eminent Domain Is a Dirty Little Secret
During his improbable campaign run, President Donald J. Trump exhorted his acolytes with “Who’s gonna pay for the wall?” News about his proposed, controversial border wall regularly makes daily headline news. But few realize that to construct the Mexico-United States border wall, the U.S. government must take private property from thousands of U.S. citizens. To … Continue reading “Who’s Going Pay for the Wall? Eminent Domain Is a Dirty Little Secret”
Sever Storey Eminent Domain versus Inverse Condemnation: When Government Regulation Goes Too Far
Here’s a quick civics lesson. Under the United States Constitution’s Tenth Amendment, powers not delegated to the federal government are reserved to the states (or people). What does that mean? Broadly interpreted, states have inherent police powers to pass laws to promote health, safety, welfare, and morals—which includes land use regulation. But what happens when … Continue reading “Eminent Domain versus Inverse Condemnation: When Government Regulation Goes Too Far”
Sever Storey The Village of Mount Pleasant, Wisconsin: Small Town Invaded by an International Electronics Behemoth
The Village of Mount Pleasant (Racine County, Wisconsin), population 26,000, is a slice of typical small town America located on the Milwaukee outskirts. But, atypically, Mount Pleasant residents are embroiled in an unpleasant controversy pitting neighbors against each other. The dispute? An outsider, the Foxconn Technology Group, a publicly traded international electronics manufacturer based in … Continue reading “The Village of Mount Pleasant, Wisconsin: Small Town Invaded by an International Electronics Behemoth”
Sever Storey How Is Just Compensation Determined?
What happens when your town needs your land for a new project? Public projects are all around: new government buildings, utilities, highways, railways, and even public safety. Will you recover fair compensation? Will you take the town’s first offer? Will you haggle over price? Or will ask a judge to decide, with a court case? … Continue reading “How Is Just Compensation Determined?”
Sever Storey COMMERCIAL PROPERTY
What are the unique issues that face commercial property owners in condemnation that can make all the difference?
LEARN MOREPOWERLINES & PIPELINES
Landowners forget this one thing when dealing with utility companies that want an easement across their land.
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What you need to know to be treated fairly by the condemning authority.
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