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Eminent Domain
New Survey Shows Americans Still Opposed to Eminent Domain Abuse

UPDATES ON EMINENT DOMAIN ISSUES

 

 

 

U.S. Supreme Court Decides Whether to Hear New York Eminent Domain Abuse Case  December 6, 2010 John E. Kramer (703) 682-9320 Arlington, Va.—On Friday, December 10, the U.S. Supreme Court is scheduled to decide whether to take Nick Sprayregen’s appeal and protect his family’s property.  You have probably never heard of Nick Sprayregen, but his legal challenge has the potential to impact the lives of ordinary Americans more than most cases seeking U.S. Supreme Court consideration Complete Report at http://www.ij.org/about/3605 and more at

http://www.inversecondemnation.com/inversecondemnation/2010/12/a-very-good-summary-of-the-columbia-eminent-domain-cert-petition-issues.html

 

New Survey Shows Americans Still Opposed to Eminent Domain Abuse The U.S. Supreme Court’s Kelo decision in 2005 was met with public outrage.  Years later, the public is still overwhelmingly opposed to the eminent domain abuse Kelo authorized.  This newly published survey found that 83.5% of respondents do not think the government should use eminent domain for private economic development.  Read about the new survey here, at The Volokh Conspiracy.

 

 

 

More on Columbia’s Abuse of Property Rights Posted by Ilya Shapiro

Six weeks ago, Cato filed an amicus brief supporting a challenge to Columbia University’s strong-armed attempt to condemn and take over certain land in Upper Manhattan.  Tomorrow, the Supreme Court will consider the cert petition our brief supports, with a decision on whether it hears the case expected Monday.

In what is probably not a coincidence, then, the Columbia Spectator today came out with a lengthy feature story examining the story behind the dispute, controversial “blight” designations and all.  This is excellent student journalism — heck, excellent journalism, period — and here are some key excerpts (full disclosure: the author interviewed me for the piece): Since it proposed the expansion, Columbia has rapidly made deals with property owners and gained control over nearly every lot in the zone — except for two who have fought to hold on to their land….

And Columbia has repeatedly said that those parcels, which represent a total of around nine percent of the expansion zone, are vital to the vision.  Eminent domain — the process by which the state seizes private property for the “public good,” providing just compensation for the owner — officially came into the picture in 2004, when the University asked the state to consider condemnation.

And here’s the crux of the legal dispute: Some neighborhood tenants and owners — most no longer in Manhattanville as Columbia continues to break ground and demolish properties — have strongly contested this blight label. Nuss remembers a community vibrant enough to support his improvisational group — the No-Neck Blues Band — local businesses, and his family. He raised his daughter in the Hint House…. But it’s sometimes hard to believe Nuss is talking about the same area as other residents who say they agree with the determination of blight…. This disparity in views on Manhattanville’s conditions touches upon a fundamental question when evaluating the process that paved the way for Columbia’s expansion: Was the neighborhood really blighted, and given the process by which the criteria of blight were determined, was the state’s designation of blight an appropriate justification for the use of eminent domain for a private university? My sense is that whatever ”blight” there is was caused by Columbia itself: “It’s akin to the kid who kills his parents and begs the court’s mercy for being an orphan,” says Ilya Shapiro, senior fellow with the Cato Institute, which filed an amicus brief to the U.S. Supreme Court supporting the Manhattanville property owners. “You’re creating your own blight. It doesn’t pass the smell test.” Read the whole thing. http://www.cato-at-liberty.org/more-on-columbias-abuse-of-property-rights/

 

 

Pa. high court declines to hear Highpoint case against York County Dec 6, 2010   York Daily Record York, PA - The Pennsylvania Supreme Court has declined to consider a claim by Lancaster County developer Peter Alecxih Jr. that York County owes him $66,000 for the Highpoint property, which the county took for a park.   County solicitor Mike Flannelly told commissioners at Wednesday morning's meeting that he received word from the state Supreme Court on Dec. 1. Flannelly said the news effectively marks the end of an eminent domain dispute that dates back to 2004. Reached by phone Wednesday, Alecxih said he also considers the decision to be the end of it. "What are you going to do? It's the Supreme Court," Alecxih said. "It's in the past and you go on from there." The $66,000 would have represented the interest on money that the county already paid Alecxih. The county originally paid Alecxih $2 million in estimated just compensation for the 79-acre parcel known as Highpoint in Lower Windsor Township to turn it into a park. The county later paid him an additional $5.5 million after three new appraisals valued the land at $7.5 million. But Alecxih argued that still didn't represent the land's true value, and he took the county to court again. A county jury determined in 2008 that the value of Highpoint was $17.25 million. The amount became $20.4 million when interest was included. Alecxih further claimed he was entitled to $66,000 in interest on the delayed compensation that the county waited to pay. The county disagreed. So did the Commonwealth Court, which ruled against him last year.

Eminent domain cases York County commissioners Lori Mitrick and Doug Kilgore condemned land at Highpoint and Lauxmont Farms in Lower Windsor Township for a park in 2004 and 2005. The Kohr family, who owned Lauxmont Farms, and developer Peter Alecxih Jr., who owned the 79-acre Highpoint, fought the condemnation in court. The eminent domain issue sparked controversy around the county as people debated the ethics of condemnation and the cost to taxpayers.

Mitrick and Kilgore lost their bid for re-election in the 2007 primary, while Commissioner Steve Chronister, who opposed the action, won re-election.  In 2008, a jury awarded Alecxih $17.25 million -- $20.4 million with interest -- and the county reached a $23 million settlement with the Kohr family. The settlement with the Kohrs preserved the Byrd Leibhart site, which contains the burial grounds and the site of the last village of the Susquehannock Indians.  The county park at Highpoint opened in 2007. http://www.ydr.com/ci_16810027

 

 

Ratner to Neighborhood: Drop Dead  In the Footprint : The Battle over Atlantic Yards Written by Steve Cosson Irondale Theater, 85 S. Oxford Street. Brooklyn Through December 11 The Civilians theater group performs In the Footprint: The Battle over Atlantic Yards in the Irondale Theater in the drafty, bare-boned auditorium of the Lafayette Avenue Presbyterian Church in Fort Greene, an old Sunday school space in a building from the 1860’s. It’s a world away from what’s proposed for 22 acres nearby. On this stage, the Atlantic Yards Project is a stadium gambit imposed by a developer and his powerful allies that’s already displaced hundreds of people and won’t create many local jobs or affordable homes if it’s ever built. Written and directed by Steve Cosson, In the Footprint also faults local ministers, elected officials, and organizers as enablers of the project dividing potential local support that could have stopped it or at least made it more community-friendly. In 90 minutes, it’s a distillation of the opponents’ side of the Atlantic Yards furor of a few months ago. The project has since been stalled by a New York State Supreme Court judge who ruled that the developer, Forest City Ratner tried to fast-track the environmental review process. There’s also doubt whether capital is available to make the deal sweet enough for Mikhail Prokhorov, the oligarch described as “Russia’s richest man” who now owns the New Jersey Nets. In the play, eminent domain to make way for private development is a lose-lose situation for locals—displacement whether the project goes up or not. In the Footprint doesn’t give you all the facts, but it does pile on the emotions, as residents of the neighborhood where developers said “no one lived” scramble to save their homes from the 22-acre stadium project. Actors “costumed” in everyday clothes narrate the battle as outgunned powerless people who hope that organizing might wring some concessions from the rich and powerful. The tone turns earnestly fatalistic as the locals learn how rarely underdogs win those battles. There’s a whimsically satirical edge to the grim lesson. Brooklyn borough president Marty Markowitz (the plan’s loudest booster) is a talking basketball held by an actor with the annoying habit of talking to himself much of the time. Frank Gehry, who signed on to the project in 2003 and parted company in 2009, is maligned as the designer of trophy monuments for developers and politicians. Local leaders who backed the project as an engine of economic growth are shown either as dupes, opportunists, traitors, or as Franken-folk combining all three elements. Audiences who followed the dispute will be familiar with the play’s sentiments, but not with its dramatic architecture. Steve Cosson structures In the Footprint as a no-budget framework of available materials for his dozen energetic young performers (none looked over 30) who play characters speaking, singing, and shouting their lines, with Cosson as the sole accompanist on piano. The show advances briskly enough to avoid overkill by tears or speechmaking. If developer Bruce Ratner sees In the Footprint, he might leave wishing that his Atlantic Yards project were just as streamlined. Inspirational sources for Cosson’s documentary drama might be the shoestring musicals of Elizabeth Swados (Runaways, 1978), which premiered after the city almost went bankrupt and when an East Village apartment cost $200 a month.

This activist drama unfolds when a studio in Brooklyn averages more than $2,000 a month. No surprise that questions from the audience tended toward the desperate “what can we do?” at a post-performance discussion with Cosson and Tom Angotti, professor of Urban Policy at Hunter College. The audience left the creaky hall with a “wait til next time” anger that echoed the “wait til next year” chorus of loyal Brooklyn Dodger fans accustomed to watching their team lose. Let’s not forget that the beloved Dodgers decamped for a better financial deal in Los Angeles, and Ebbets Field was demolished. At least that stadium was leveled to make way for a housing project. In the Footprint laments that affordable housing in Atlantic Yards’ gentrified neighborhood seems an even longer shot than the Brooklyn Dodgers winning a World Series. David D'Arcy http://www.archpaper.com/e-board_rev.asp?News_ID=5034

 

 

 

5th Amendment, United States Constitution

"No person shall be...deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

 

14th Amendment, United States Constitution

"...nor shall any State deprive any person of life, liberty, or property without due process of law..."

 

 

Can TransCanada's Keystone Pipeline take private property by eminent domain?

Answer: Yes, corporate Canadian energy giant, TransCanada, can effectively take private property from American citizens using the power of eminent domain. http://ownerscounsel.blogspot.com/2010_11_01_archive.html

 

 

Arkansas jury awards property owners largest-ever condemnation verdict

http://ownerscounsel.blogspot.com/2010/11/arkansas-jury-awards-property-owners.html

 

 

 

A GREAT WEBSITE FOR INFORMATION ON EMINENT DOMAIN THROUGHOUT THE COUNTRY.  CLICK AND SCROLL DOWN

http://ownerscounsel.blogspot.com/search?updated-min=2010-01-01T00%3A00%3A00-05%3A00&updated-max=2011-01-01T00%3A00%3A00-05%3A00&max-results=50

 

 

 

Can Foreign Nations Claim Eminent Domain in America? - Fox News ... Can Foreign Nations Claim Eminent Domain in America? Canada wants to expand oil pipeline in U.S.. All Videos: Latest News Video RSS Leave Feedback ...
video.foxnews.com/.../can-foreign-nations-claim-eminent-do...

 

 

 

 

Farmers, energy interests clash over pipeline plan - Canadian oil company may seek eminent domain power to buy rural land along a 170-mile route to a southern Illinois terminal January 06, 2008|By E.A. Torriero, Tribune staff reporter MERNA, Ill. — Oil from the crude-rich sands of Alberta, Canada, makes its way almost 2,000 miles south by pipeline, headed for American refineries.But a group of farmers and landowners want to make sure it stops before it gets to this little town in the center of the state, and their opposition has set off a multifront battle that involves safety, history, economics and dueling sources of energy. Enbridge Inc., a Canadian conglomerate, and its affiliates want to build a 170-plus-mile stretch of pipeline from just outside Pontiac in Livingston County to Patoka in Marion County that would get the oil to a Downstate terminal. It is a $353 million piece of the company's $2.45 billion expansion push in the Midwest. Landowners express safety concerns, citing oil spills along Enbridge pipelines in Wisconsin and an explosion that killed two welders working on a pipeline in northern Minnesota in November. Others simply don't want to give up rights to land they say has been in their families since the Civil War. Both sides hope to capitalize on the high price of petroleum products. Enbridge contends the pipeline will save Illinois consumers more than $406 million over the next two decades, insulating them against price spikes in overseas oil. But some of the farmers counter that their land is already fighting energy dependence by producing corn for the burgeoning ethanol market. Even Enbridge's north-of-the-border pedigree has come under fire. "Do we want a foreign company coming in here and taking our land while putting us at risk for the things we have seen them do elsewhere?" asked Scott Clement, whose 110 acres of family property would be cut in half by the pipeline. "What they are trying to do is un-American." Documents are piling up at the Illinois Commerce Commission, which plans to hold hearings on the proposal in the coming months. If landowners fail to accept Enbridge's offer of more than $6,000 per affected acre, the company wants the power of eminent domain -- the right for the public good to seize the rich agricultural land. Not since landowners in McHenry County fought a decade ago against a pipeline and won a battle against eminent domain has an underground project been so divisive in the state. http://articles.chicagotribune.com/2008-01-06/news/0801050039_1_enbridge-pipeline-plan-eminent-domain

 

 

Tiu Won’t Sell Councilman won’t give up East Wheeling property

December 6, 2010 - By ZACH MACORMAC WHEELING, West Virginia - City Councilman James Tiu has no intention of selling his property at the corner of 15th and Wood streets to the city to allow construction of the planned East Wheeling sports complex, said attorney Teresa Toriseva. And if city leaders attempt to take Tiu's property through eminent domain, Toriseva stands ready to oppose the tactic.

"I will see to it that he's protected and treated fairly as a landowner," she said.

In response to Toriseva's statement, City Solicitor Rosemary Humway-Warmuth said simply, "I'm glad Toriseva is talking, because I don't have any comment." http://www.news-register.net/page/content.detail/id/549586/Tiu-Won-t-Sell.html?nav=515