Yearly Archives: 2011

This article argues against Montana House Bill 198 that seeks to grant the power of eminent domain to a Canadian power company in order for that company to acquire private property throughout Montana for the purposes of constructing a private (for profit) “merchant” transmission line.

The documentary Battle for Brooklyn opens this Friday, June 17th, at Cinema Village in Manhattan and at indieScreen in Brooklyn. The film Battle for Brooklyn captures a community’s seven-year fight to stop the use of eminent domain to take their homes and businesses for the construction of a mixed-use development including a basketball arena for the New Jersey Nets and commercial towers.

In this interview with Dbusiness Magazine, attorney Darius Dynkowski* discusses the procedures and laws of eminent domain with respect to the proposed New International Trade Crossing, also known as the Detroit-Windsor Bridge. He explains what residents and business owners in the footprint of the project site can expect if and when the Michigan Department of Transportation (MDOT) begins acquiring property for this proposed project.

On Thursday, May 12, Montana Governor Brian Schweitzer allowed Montana House Bill 198 (HB 198) concerning eminent domain to become law. Despite the imbalanced aspects within HB 198 favoring big business over landowners’ rights, Gov. Schweitzer chose to not veto the bill allowing it to become law.

In a recent arbitration, a panel of arbitrators awarded property owner, Harrison Eagle, LLP nearly $25 million for the taking of approximately 10 acres of property adjacent to the PATH commuter rail station and proximate to the Red Bull Arena in Harrison, NJ. The town’s redevelopment agency used the power of eminent domain to take the private property and convey it to a private redeveloper and as such the arbitration amount is to be paid to the owner by the developer, Pegasus Group.

Yesterday, Representatives Jim Sensenbrenner (R-WI) and Maxine Waters (D-CA) introduced H.R. 1433, the “Private Property Rights Protection Act of 2011.” This bipartisan bill prohibits states and municipalities from using eminent domain for private development if they have received federal economic development funds. H.R. 1433 also prohibits the federal government from using eminent domain for economic development, the taking of private property and transferring of it to another private entity in order to increase tax revenue, jobs or for general economic growth.

“Battle for Brooklyn,” the documentary film about the Atlantic Yards Project (our previous AY posts are available here) in Brooklyn, NY, will make its world premier at the prestigious Hot Docs Canadian International Documentary Festival in the World Showcase program on April 30, 2011 at 7:00 PM in Toronto.

The Brigham-Kanner Property Rights Conference began in 2004 at the Marshall-Wythe School of Law at the College of William & Mary. Annually the Brigham-Kanner Property Rights Conference awards the Brigham-Kanner Property Rights Prize to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.

According to an article published February 20, 2011, in Crain’s internet magazine, NewYorkbusiness.com, “Holdouts dig in at Willets Point”, the local business owners are fighting City efforts to turn the 62 acre area into a mixed-use development.

The Owners’ Counsel of America honored appellate and condemnation attorney, Michael M. Berger, Esq., with the Crystal Eagle Award for his devotion to defending Americans and their private property in eminent domain, regulatory takings, inverse condemnation, land use litigation and on appeal. For more than 40 years, Michael Berger, has consistently sought to advance the cause of private property rights throughout California and the United States.