Headlines on Eminent Domain

Critics protest LA eminent domain saleScience Daily (press release) - 21 hours ago14 (UPI) -- Los Angeles officials want to sell land -- originally seized from a furniture maker by eminent domain for use as an animal shelter -- to a private ... Land Seized for Animal Shelter May Be Sold to Developer-Donor ktla 5Critics protest LA eminent domain sale NewKerala.comall 8 related »

Cities call eminent-domain bills too harshArizona Republic, AZ - 12 hours ago... While the city would use eminent domain only as a last resort, lobbyist Patrice Kraus said, Gray's bills would make the project vastly more difficult. ... Gray casts property issue as David-Goliath fight Arizona Republicall 4 related »

Norwood eminent domain case has become a national causeCincinnati Enquirer, OH - 9 hours ago... Of course, government does sometimes need to seize private property. For hundreds of years, indeed, it has done so through power called eminent domain. ...

Professor Bainbridge: Eminent Domain CrimesThe National Center for Public Policy Research, DC - 14 hours agoProfessor Bainbridge is exposing a Los Angeles eminent domain abuse case with a twist: The original landowner not only lost his property for the use of another ...

St. Louis Post-Dispatch
Even in Clayton eminent domain debate ragesSt. Louis Post-Dispatch, MO - 22 hours ago... So it came as a surprise recently when city officials signed off on a $190 million development project that authorized use of eminent domain, a tool never ... Centene CEO commits to create 800 jobs St. Louis Business Journalall 2 related »

Task force seeks to ‘curb abuses’ on eminent domainKansas City Star, MO - Jan 14, 2006A state task force’s new recommendations on eminent domain should help Missouri lawmakers find middle ground on the contentious issue, one of the task force ...

Natividad recall based in eminent domain voteSan Diego Union Tribune, United States - Jan 12, 2006... owner and 10 of his customers launched a recall campaign against City Councilman Luis Natividad because of his role in an eminent domain procedure that will ...

Ohio high court hears first eminent domain case since US Supreme ...Boston Globe, United States - Jan 11, 2006... Using its power of eminent domain, the city planned to take the neighborhood, which it considers to be deteriorating, and allow a $125 million development of ...

CNN International
Homesteader packs up after eminent domain fight, clearing way for ...San Diego Union Tribune, United States - Jan 13, 2006NAPLES, Fla. – A homesteader leaving his Everglades land after years of fighting the state's claim on it is moving to a bigger ... Everglades tug-of-war comes to end CNNVeteran to leave rich, sad Orlando SentinelEverglades holdout finally moves into new home WBBHThe News-Press - all 110 related »

League of Minnesota Cities counters spin of eminent domain reform ...Coon Rapids ECM Publishers, MN - Jan 12, 2006The League of Minnesota Cities countered the spin of eminent domain reform activists at a House committee hearing in Blaine on Wednesday (Jan. 11). ...

Eminent domain legislation must be worded carefullyMunster Times, IN - Jan 13, 2006A US Supreme Court ruling that loosened restrictions on the use of eminent domain powers is causing state legislatures to rein them in. ... Mayor: Cannelton needs room to grow Perry County News

Links on Eminent Domain

We like to provide links to good reading on our favorite topic: EMINENT DOMAIN (like you couldn't guess!) An interesting thing we've discovered? The amazing numbers of print, television, and internet media outlets coast to coast covering eminent domain....we feel Philadelphia is also catching on....The Philadelphia Inquirer has a power house of an article today courtesy of one of our favorite writers, Ms. Inga Saffron. Folks, we have said time and again, eminent domain knows no bounds, so read Ms. Saffron's story about eminent domain abuse within the city limits:
http://www.philly.com/mld/inquirer/news/magazine/daily/12135631.htm?template=contentModules/printstory.jsp
We'd also like to quote SCOTUS Justice Sandra Day O'Connor :In her dissent a couple weeks back now, Justice Sandra Day O’Connor said the decision bowed to the rich & powerful at the expense of the little guys, middle-class Americans.
"The specter of condemnation hangs over all property," O’Connor wrote. "Nothing is to prevent the state from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory."
Now...the links... first a shout out to SaysUncle, http://www.saysuncle.com. We don't know who this guy is, but he covers eminent domain from soup to nuts. He gave us a plug a while back:
http://www.saysuncle.com/archives/category/eminent_domain/
After SaysUncle, a shout out to those wizards at Google, as they made it easy. Click & get all the eminent domain news fit to reaD:
http://news.google.com/news (just plug in eminent domain news and off you go)
From the land of a 1000 lakes:
http://babelogue.citypages.com:8080/bsmith/2005/07/01
Others:
http://www2.theclarionnews.com/General_News/42870.shtml
http://www.cheektowagatimes.com/news/2005/0715/Front_Page/005.html
http://www.cato.org/pub_display.php?pub_id=3678
http://www.ntu.org/main/press_issuebriefs.php?PressID=636&org_name=NTU
http://paralegaltech.com/lectures/takeonnews/View.asp?intTakeOnNewsID=25
http://www.webspawner.com/users/voiceofkingsport/
http://pstupidonymous.blogspot.com/2005_04_01_pstupidonymous_archive.html
http://upyernoz.blogspot.com/2005_06_01_upyernoz_archive.html
http://www.newsday.com/news/local/state/ny-stemin144342731jul14,0,4947454.story?coll=ny-statenews-headlines
http://www.app.com/apps/pbcs.dll/article?Date=20050715&Category=NEWS&ArtNo=507150339&SectionCat=&Template=printart
http://www.signonsandiego.com/news/northcounty/20050715-9999-1mi15encin.html
http://money.cnn.com/2005/06/23/news/fortune500/retail_eminentdomain/
http://www.rrstar.com/apps/pbcs.dll/article?AID=/20050715/NEWS0107/507150328/1004/NEWS
http://www.app.com/apps/pbcs.dll/article?AID=/20050715/NEWS/507150339
http://www.orovillemr.com/Stories/0,1413,157~26686~2966421,00.html#
http://www.claremont.org/localliberty/archives/003458.html
http://home.hamptonroads.com/stories/story.cfm?story=89141&ran=201806
http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/071405dntexdomain.1e706a8.html
(a real beaut, this one): http://www.ahrc.com/new/index.php/src/news/sub/editorial/action/ShowMedia/id/2367
http://news10now.com/content/all_news/central_new_york/?ArID=45390&SecID=86
SaveArdmoreCoalition's blog
Submitted by SaveArdmoreCoalition on July 15, 2005 - 2:16pm. News Blogging, Internet, and Media Politics

House Passes Private Property Protection Act

By Susan Jones
CNSNews.com Senior Editor
November 04, 2005 (CNSNews.com) -

By an overwhelming margin, the U.S. House of Representatives passed a private property protection act on Thursday -- a direct response to the recent Supreme Court ruling involving homeowners in New London, Conn.In Kelo v. City of New London, the court ruled 5-4 that the government may seize the home, small business or other private property of one citizen and transfer it to another private citizen -- if the transfer would boost the community's economic development and tax base.

The decision shocked many Americans, prompting some to demand action from Congress. "If the Supreme Court won't protect Americans' private property rights, then Congress must, and they ought to do so quickly, before more homes, businesses and farms are taken," said the Center for Individual Freedom said in September.

House Speaker Dennis Hastert (R-Ill.) said Congress has received an earful in the months since the Kelo ruling."In recent months, we have heard from thousands of constituents questioning the Kelo decision. Many of these landowners are families trying to raise their children or senior citizens who have lived in the same home most of their adult lives. "Private property owners are angry and worried -- and rightly so. They don't deserve to live under a cloud of uncertainty. People own their property. Eminent domain should be rare," the Speaker said.

Hastert said the bill (H.R. 4128, the Private Property Rights Protection Act of 2005) restores homeowners' rights and protects landowners from the "whims" of city officials seeking more tax revenue.

Specifically, the bill would withhold federal funds for economic development from states and communities that seize property for purposes of economic development. And it bars the federal government from seizing private property for economic development.The measure passed the House by a vote of 376-38. Similar legislation is pending in the Senate.

Links to Eminet Domain issues nation wide

Click to view– See Archives (below) for earlier items

Trashing Eminent Domain — Checker's latest film gets Niantic screening: The (New London CT) Day, 11/11/05

In domain of renewal, a bad law: Philadelphia (PA) Daily News, 11/11/05

Supervisors agree to clarify policy on eminent domain: San Diego (CA) Union-Tribune, 11/10/05

Eminent domain changes Westville board: Gloucester County (NJ) Times, 11/8/05

Florida voters favor eminent domain restrictions: Jacksonville (FL) Business Journal, 11/8/05

Legislators mull eminent domain: (Gallatin TN) News Examiner, 11/7/05

Eminent Domain Roll Call: H.R. 4128: New Jersey Eminent Domain Law Blog, 11/4/05

Mayor won't seize restaurant to aid school: Newark (NJ) Star-ledger, 11/5/05

State lawmaker wants eminent domain limits: Billings (MT) Gazette, 11/5/05

Eminent Domain May Be Used If Flats Owners Don't Sell: News Channel 5 (Cleveland OH), 11/2/05

Gingrey Amendment to Protect Houses of Worship from Eminent Domain Abuse: Christian News Today

Hollywood commissioners embrace right to seize property belonging to residents: (S Florida) Sun-Sentinel, 11/3/05

Eminent domain limits pass House: Pittsburgh (PA) Tribune-Review, 11/2/05

St. Charles may limit eminent domain: St Louis (MO) Post-Dispatch, 11/01/05

Preston outlaws eminent domain: Norwich (CT) Bulletin, 11/2/05

Officials mull eminent domain: Monterey County (CA) Herald, 11/2/05

Unfair to blast Supreme Court for eminent domain ruling: Rochester (NY) Democrat & Chronicle, 11/1/05

Seizure of land leaves Londonderry residents fuming: (Manchester NH) Union Leader, 10/20/05

Eminent domain threat alleged in Atascadero: St Luis Obispo (CA) Tribune, 10/31/05

Council responds to tax claims, eminent domain: San Mateo (CA) Daily Journal, 10/29/05

Park agency considers using eminent domain: San Francisco (CA) Chronicle, 10/29/05

Eminent domain trial set: Davis (CA) Enterprise, 8/28/05

Eminent domain provision draws fire: Bristol (TN) Herald-Courier, 10/28/05

Eminent domain abuse overblown, says legal expert: Gloucester County (NJ) Times, 10/27/05

Bill to curb eminent domain OK'd: Cleveland (OH) Plain Dealer, 10/27/05

D.C. Seizes 16 Owners' Property for Stadium: Washington (DC) Post, 10/26/05

Eminent domain bill advances: The (Harrisburg PA) Patriot-News, 10/26/05

City Invokes Eminent Domain To Claim Stadium Site: WJLA-TV — ABC-7 (Washington DC), 10/26/05

Eminent domain takes a hit: The Jersey (Jersey City NJ) Journal, 10/26/05

News Headlines ------

Eminent domain trial set
The Davis Enterprise - 2 hours, 43 minutes agoPublished Oct 28, 2005 - 14:38:39 CDT. A critic of Yolo County's attempt to buy the Conaway Ranch by eminent domain has released a document that he says shows the county discussed funding the purchase by selling water to Joint Powers Authority members and out-of-county interests.

Assembly hears testimony on eminent domain
Legislative Gazette - Nov 07 6:02 AM Gazette staff writer A recent U.S. Supreme Court case regarding eminent domain was the impetus for an Assembly hearing last Tuesday that attracted municipal representatives and property rights activists.

W.Va. GOP seeks curbs on eminent domain
Charleston Daily Mail - Nov 07 7:54 AM West Virginia Republicans are encouraged by last week's congressional action on eminent domain and plan to seek curbs on the government's power to force landowners to sell their property.

Legislature ponders limits to eminent domain takings
phillyburbs.com - Nov 05 1:43 PM HARRISBURG, Pa. - Pennsylvania legislators are considering changes to the state's eminent domain law in the wake of a U.S. Supreme Court ruling that a Connecticut town could force homeowners to relinquish property to make room for a commercial development project.

Eminent domain protection
Times-Reporter - Nov 05 1:52 AM For a change, state and national legislative bodies are acting swiftly following the U.S. Supreme Court’s Kelo v. New London decision to allow the taking of property for private development under eminent domain proceedings.

Poll: Eminent domain
Newsday.com - Nov 04 9:06 PM Do you agree with the policy of eminent domain? Yes, if it use put to good use No, private property should remain private What is eminent domain?

House Counters Eminent Domain
Builder Online - Nov 07 8:47 AM WASHINGTON -- Conservative defenders of private property and liberal protectors of the poor joined in an overwhelming House vote to prevent local and state governments from seizing homes and businesses for use in economic development projects.

House passes eminent domain restrictions
St. Louis Business Journal - Nov 04 8:12 AM Local governments would lose federal economic development funds if they misuse their power of eminent domain under a bill passed Thursday by the U.S. House of Representatives.

GlobeSt.com UPDATE: House Passes Eminent Domain Reform
GlobeSt.com - Nov 04 11:13 AM WASHINGTON, DC-Responding to the US Supreme Court's June 2005 ruling in Kelo v. City of New London--which confirmed local, state and federal governments' rights to seize private property for economic development purposes to benefit the common good--the US House of Representatives has passed legislation designed to prevent federal exploitation of the eminent domain instrument.

Bill targets ruling on eminent domain
Boston Globe - Nov 04 12:12 AM WASHINGTON, D.C. Contending that the Supreme Court has undermined a pillar of American society, the House yesterday approved a bill, 376 to 38, to block the court-approved seizure of private property for use by developers. The bill would withhold federal money from state and local governments that use powers of eminent domain to force landowners to give up property for ...

Eminent Disaster

Brett Nelson, 08.10.05,

NEW YORK - As if small business owners didn't have enough to worry about. In addition to the trials of satisfying customers, inspiring employees and paying the electricity bills, entrepreneurs now have to sweat the not-so-distant chance that they could wake up to a Caterpillar (nyse: CAT - news - people ) bulldozer plowing through their parking lots. About a month ago, the U.S. Supreme Court dusted off an age-old legal maneuver called "eminent domain." Traditionally, eminent domain laws have granted local governments the power to seize property for public projects as roads, parks and libraries--not for economic development projects such as hotels and shopping malls that promise to pep up economically sluggish areas, fill tax coffers and--more to the point--fatten developers' wallets. But in late June, the court gave the city of New London, Conn., the right to take property belonging to Susette Kelo and some other local home owners in order to build a hotel, offices and a pedestrian river walk to complement a nearby Pfizer (nyse: PFE - news - people ) research facility (see: Supreme Court Takes On The Public). Typically, a local authority must show that the surrounding area has fallen into blight before it can seize the property; not so in the Kelo case. The ruling has since touched off a torrent of protest nationwide--and has encouraged other local authorities to push the eminent domain envelope.

"About 30 states are moving ahead with condemnations for private development," reports Lisa Knepper, communications director for the Institute for Justice, a public-interest law firm.

"People's fears are well-founded." States with broader interpretations (read: in the developers' favor) of eminent domain include New York, California, Florida, Missouri and Maryland. On the bright side, Alabama and Utah have passed restrictions on eminent domain for private development. There is no central repository for information on changes in eminent domain, but the Institute for Justice and the National Conference of State Legislaturesboth offer some insight.

The original purpose of eminent domain was to make it easier for governments to set up their operations. If a local authority needed a courthouse, it could seize the land, at some price, and build one. Controversy over eminent domain heated up in 1981, when the Michigan Supreme Court granted the city of Detroit the power to seize thousands of homes and businesses in an area called Poletown, home to a large Polish population, so that General Motors (nyse: GM - news - people ) could build a plant there. While the city argued the new plant would create jobs, and therefore qualify as a "public use" project, opponents said it was a giveaway to GM. Last year, the Michigan Supreme court reversed its decision. Now with the Kelo case, the tide has shifted again. What's an entrepreneur to do?

The good news is the Fifth Amendment establishes that private property shall not be taken for public use "without just compensation." So while most property owners and tenants have slim chance of stopping an eminent domain proceeding in its tracks, say, by lobbying their local jurisdictions, they can make the best of a bad situation by taking pains to ensure they are fully compensated for the damages wrought by the condemning authority.

The key: Know what your assets are worth. At a minimum, this will involve enlisting lawyers, accountants, real estate appraisers and perhaps an engineer or two to help you determine the "highest and best use" for your property. Thankfully, most cases settle before juries get involved.

"A condemnation lawsuit is a war," says Matthew Deal, partner at Lewis Realty Advisors in Houston. Property owners and tenants often wrangle over how to split up the booty. "They end up suing each other," says Deal. Rules for recouping expenses vary from state to state. For example, some California businesses owners can be compensated for goodwill--namely for the value of their enterprise based on location, traffic patterns and other intangibles in excess of the bricks-and-mortar assets--while those in other states don't have that option, says Michael Thornton, partner at law firm Nossaman, Guthner, Knox and Elliott in San Francisco. Other costs such as attorney's fees, moving expenses, lost profits, increased costs of operation and other damages may or may not be compensable.

Different, too, are the provisions regarding a "partial take" (when only a portion of your property is taken) and a "total take." In Florida, for example, a total take precludes payment of business damages, says Jeffrey Savlov, partner at Savlov and Anderson, a Tallahassee firm specializing in eminent domain. "The Florida Department of Transportation has been known to exaggerate their need for a total take," he quips. If you're lucky, you might get more for your business than you would have thought it worth in its current form. A mobile home park may be worth $800,000 more as a storage facility, as one of Thornton's clients discovered back the late '90s. For all the vagaries of the eminent domain process, one thing is certain: Expect your lawyer to take a hefty cut--perhaps a third--of the difference between the government's initial (low-ball) offer and what you end up agreeing on. This "contingency fee" is above and beyond the regular fees--and those charged by the appraisers and engineers--that the property owner might recoup. That cut can be fairly substantial. Take an ongoing case involving Thomas Sheen, owner of a used-restaurant equipment store in Orlando, Fla. Citing eminent domain, the Florida Department of Transportation plans to run a new highway overpass through the property.

According to Savlov, Sheen's lawyer, Sheen has 50,000 square feet (4,000 pallets worth) of new and used merchandise. Moving costs alone will be in the neighborhood of $500,000--that is, if there was another suitable and available place within three counties that could house it all. The FDOT has offered $2.5 million. "We're going for more than twice that," says Savlov. If the figure winds up at $6 million, at 33%, that means Savlov would pocket $1.15 million. Savlov did not specify the fee arrangement and Sheen did not return calls for comment.

While the Kelo case may bring plenty of pain, says attorney Deal, "at least the compensation element hasn't changed." A hint of solace for savvy negotiators.

Naples Zoo Eyed For Eminent Domain September 20, 2005

By Trey Radel
Naples -

A Collier County Commissioner tells Wink News he's ready to do whatever it takes to save the Naples Zoo.

Commissioner Fred Coyle says he wants to explore eminent domain. He thinks there are several factors making the zoo eligible, including turning parts into a park and making sure the environmentally sensitive areas around the zoo stay intact.

He says the current asking price and appraisal is "flawed". He says, "Quite frankly the way this acquisition has been handled by the seller... it appears more like extortion to us. And no, I feel no guilt at all about proceeding with a possible eminent domain action."

Next Tuesday, Coyle will ask county staff to explore the possibility of eminent domain, but to do that he'll need the support of fellow Commissioners.

The attorney and spokesman for the property owners says he cannot comment on the possibility of eminent domain until he sees an actual proposal.