State law signed on eminent domain proceedings
“Editor’s note: This story is part of a series recapping the top stories of 2017. Read the other top stories here. It’s been a long fight for Bay City resident David Meixner, and he is…
A Condemnation Action is Looming — What are a Landlord’s Disclosure Obligations to Potential Lessees?
“Before an eminent domain action is filed, public infrastructure projects involve years of planning, environmental approvals, design, and property negotiations. During this time, property owners and real estate agents/brokers are often faced with deciding what…
Algonquin’s utility purchase devastates city’s legal argument
“Missoula Mayor John Engen seemed confident at his recent press conference. He insisted that despite the purchase of Mountain Water Co. by Algonquin Power and Utilities Corp., nothing is changed. But I bet behind closed…
BRA owes us for Modern Theater eminent domain deal
“The former owners of the historic Modern Theatre are suing the Boston Redevelopment Authority for breach of contract, alleging the agency owes them nearly $1 million as part of a deal in 2002 when the…
CommStock Report
“U.S. transportation and energy infrastructure systems were often built with use of eminent domain. The power to appropriate private property for purposes considered to be a public use was frankly, necessary in order to build…
“De facto” land taking could cost Phila. dearly later
“For developer Greg Ventresca, eight acres of green, undeveloped land in Philadelphia’s Roxborough neighborhood seemed like the perfect place for 48 new houses. The spot was zoned residential. It already had water and sewer lines….
PSC didn’t notify public about vote to intervene in Mountain Water case
“The Montana Public Service Commission voted July 1 to intervene in a multimillion-dollar proceeding in Missoula County District Court – but that possibility never appeared on the group’s posted meeting agenda. In the 5-0 vote,…
Don’t ‘take’ a commercial building
“Monroe County commissioners used eminent domain last year to claim a valuable commercial building in the heart of downtown Stroudsburg for county offices. Republican majority commissioners John Moyer and Charlie Garris pursued the misguided move…
Colorado Couple Fights Seizure Of Cabin By County For ‘Open Space’
“Colorado landowners are in a losing battle with the county over their land, which local government is claiming for itself under the law of eminent domain. Colorado’s Summit County is aggressively targeting the land of…
Debating the original meaning of “public use”
“At the Originalism Blog, University of San Diego law professor Michael Ramsey has some thoughtful commentary on a recent presentation I gave on the original meaning of public use, which was based on a chapter…