Eminent Domain Blog
WHAT IS EMINENT DOMAIN/CONDEMNATION?
Eminent domain is the process by which states and localities have the right to condemn and force the sale of ...
KENTUCKY EMINENT DOMAIN AND CONDEMNATION
At Sever Walker Padgitt, we are lawyers who work exclusively for LANDOWNERS. Both the Commonwealth of Kentucky’s laws and the United States Constitution require that ...
UTILITY TAKINGS IN KENTUCKY
It is our mission to hold the Commonwealth of Kentucky and utilities accountable to provide just compensation to landowners. Besides ...
WHY KENTUCKY LANDOWNERS SHOULD CONSIDER A CONTINGENCY FEE IN AN EMINENT DOMAIN CASE
Many of our Kentucky clients are concerned about paying legal fees in an eminent domain action. That is why Sever ...
Sever Walker Padgitt In the News: Educating West Illinois Landowners
Hundreds of property owners in west-central Illinois are likely to find themselves working with utility company representatives within the coming ...
North Carolina Eminent Domain Code Chapter 40A, Local Public Entities and Private Condemnors
North Carolina has several statues that govern eminent domain. The following is from Chapter 40A and covers those takings involving local public entities and private condemnors.
Chapter 40A.
Eminent Domain.
Article 1.
General.
§ 40A 1. Exclusive provisions.
(a) Notwithstanding the provisions of any local act, it is the intent of the General Assembly that, effective August 15, 2006, the uses set out in G.S. 40A 3 are the exclusive uses for which the authority to exercise the power of eminent domain is granted to private condemnors, local public condemnors, and other public condemnors. Effective August 15, 2006, a local act granting the authority to exercise the power of eminent domain to a private condemnor, local public condemnor, or other public condemnor for a use or purpose other than those granted to it in G.S. 40A 3(a), (b), (b1), or (c) is not effective for that use or purpose. Provided that, any eminent domain action commenced before August 15, 2006, for a use or purpose granted in a local act, may be lawfully completed pursuant to the provisions of that local act. The provisions of this subsection shall not repeal any provision of a local act limiting the purposes for which the authority to exercise the power of eminent domain may be used.
(b) It is the intent of the General Assembly that the procedures provided by this Chapter shall be the exclusive condemnation procedures to be used in this State by all private condemnors and all local public condemnors. All other provisions in laws, charters, or local acts authorizing the use of other procedures by municipal or county governments or agencies or political subdivisions thereof, or by corporations, associations or other persons are hereby repealed effective January 1, 1982. Provided, that any condemnation proceeding initiated prior to January 1, 1982, may be lawfully completed pursuant to the provisions previously existing.
(c) This Chapter shall not repeal any provision of a local act limiting the purposes for which property may be condemned. Notwithstanding the language of G.S. 40A 3(b), this Chapter also shall not repeal any provision of a local act creating any substantive or procedural requirement or limitation on the authority of a local public condemnor to exercise the power of eminent domain outside of its boundaries. (1981, c. 919, s. 1; 2006 224, s. 1; 2006 259, s. 47.)
North Carolina Eminent Domain Code: Article 9 Section 136.103
North Carolina eminent domain procedure is codified in a variety of different statutes. The following is a reproduction of Article 9 Section 136.103.
Article 9.
Condemnation.
§ 136 103. Institution of action and deposit.
(a) In case condemnation shall become necessary the Department of Transportation shall institute a civil action by filing in the superior court of any county in which the land is located a complaint and a declaration of taking declaring that such land, easement, or interest therein is thereby taken for the use of the Department of Transportation.
(b) Said declaration shall contain or have attached thereto the following:
(1) A statement of the authority under which and the public use for which said land is taken.
(2) A description of the entire tract or tracts affected by said taking sufficient for the identification thereof.
(3) A statement of the estate or interest in said land taken for public use and a description of the area taken sufficient for the identification thereof.
(4) The names and addresses of those persons who the Department of Transportation is informed and believes may have or claim to have an interest in said lands, so far as the same can by reasonable diligence be ascertained and if any such persons are infants, non compos mentis, under any other disability, or their whereabouts or names unknown, it must be so stated.
(5) A statement of the sum of money estimated by said Department of Transportation to be just compensation for said taking.
(c) Said complaint shall contain or have attached thereto the following:
(1) A statement of the authority under which and the public use for which said land is taken.
(2) A description of the entire tract or tracts affected by said taking sufficient for the identification thereof.
(3) A statement of the estate or interest in said land taken for public use and a description of the area taken sufficient for the identification thereof.
(4) The names and addresses of those persons who the Department of Transportation is informed and believes may have or claim to have an interest in said lands, so far as the same can by reasonable diligence be ascertained and if any such persons are infants, non compos mentis, under any other disability, or their whereabouts or names unknown, it must be so stated.
(5) A statement as to such liens or other encumbrances as the Department of Transportation is informed and believes are encumbrances upon said real estate and can by reasonable diligence be ascertained.
(6) A prayer that there be a determination of just compensation in accordance with the provisions of this Article.
(d) The filing of said complaint and said declaration of taking shall be accompanied by the deposit of the sum of money estimated by said Department of Transportation to be just compensation for said taking and upon the filing of said complaint and said declaration of taking and deposit of said sum, summons shall be issued and together with a copy of said complaint and said declaration of taking and notice of the deposit be served upon the person named therein in the manner now provided for the service of process in civil actions. The Department of Transportation may amend the complaint and declaration of taking and may increase the amount of its deposit with the court at any time while the proceeding is pending, and the owner shall have the same rights of withdrawal of this additional amount as set forth in G.S. 136 105 of this Chapter. (1959, c. 1025, s. 2; 1961, c. 1084, s. 1; 1963, c. 1156, s. 1; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1; 1997 456, s. 27.)
Eminent Domain, Ohio Revised Code Chapter 163
Eminent domain procedure is codified by Statute. The following is a reproduction of this statute. For the original web based material click here.
Chapter 163: APPROPRIATION OF PROPERTY
163.01 Appropriation of property definitions.
As used in sections 163.01 to 163.22 of the Revised Code:
(A) "Public agency" means any governmental corporation, unit, organization, instrumentality, or officer authorized by law to appropriate property in the courts of this state.
(B) "Private agency" means any corporation, firm, partnership, voluntary association, joint-stock association, or company that is not a public agency and that is authorized by law to appropriate property in the courts of this state.
(C) "Agency" means any public agency or private agency.
(D) "Court" means the court of common pleas or the probate court of any county in which the property sought to be appropriated is located in whole or in part.
(E) "Owner" means any individual, partnership, association, or corporation having any estate, title, or interest in any real property sought to be appropriated.
(F) "Real property," "land," or "property" includes any estate, title, or interest in any real property that is authorized to be appropriated by the agency in question, unless the context otherwise requires.
(G) "Public utility" has the same meaning as in section 4905.02 of the Revised Code and also includes a public utility owned or operated by one or more municipal corporations, an electric cooperative, and an agency holding a certificate of public convenience and necessity granted by the federal energy regulatory commission.
(H)
(1) "Public use" does not include any taking that is for conveyance to a private commercial enterprise, economic development, or solely for the purpose of increasing public revenue, unless the property is conveyed or leased to one of the following:
(a) A public utility, municipal power agency, or common carrier;
(b) A private entity that occupies a port authority transportation facility or an incidental area within a publicly owned and occupied project;
(c) A private entity when the agency that takes the property establishes by a preponderance of the evidence that the property is a blighted parcel or is included in a blighted area.
(2) All of the following are presumed to be public uses: utility facilities, roads, sewers, water lines, public schools, public institutions of higher education, private institutions of higher education that are authorized to appropriate property under section 3333.08 of the Revised Code, public parks, government buildings, port authority transportation facilities, projects by an agency that is a public utility, and similar facilities and uses of land.
(I) "Electric cooperative" has the same meaning as in section 4928.01 of the Revised Code.
(J) "Good faith offer" means the written offer that an agency that is appropriating property must make to the owner of the property pursuant to division (B) of section 163.04 of the Revised Code before commencing an appropriation proceeding.
(K) "Goodwill" means the calculable benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances that result in probable retention of old, or acquisition of new, patronage.
(L) "Municipal power agency" has the same meaning as in section 3734.058 of the Revised Code.
(M) "Port authority transportation facility" means any facility developed, controlled, or operated by a port authority for the purpose of providing passenger, cargo, or freight transportation services, such as airports, maritime ports, rail facilities, transit facilities, and support facilities directly related to any airport, maritime port, rail facility, or transit facility.
Effective Date: 06-30-1991; 2007 SB7 10-10-2007
