Monthly Archives: March 2010

March 31st, 2010 — In News & Events

Judge ruled anti-eminent domain mural on St. Louis building must come down

On Monday, U.S. District Judge Henry E. Autrey ruled that a mural reading – “End Eminent Domain Abuse” (pictured above, image from KMOX News, St. Louis, MO) – which Jim Roos commissioned to be painted on the side of a brick apartment building owned by his housing agency is not art, violates the city’s sign code and must come down. The city’s sign ordinance requires signage to be no larger than 30 square feet in this zoning district. Mr. Roos’s anti-eminent domain mural is reported to be more than 360 square feet.

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March 29th, 2010 — In News & Events

Determining fair market value in a lean economy

One of the great challenges in a recessionary cycle is reconciling the apparent contradiction between property values disproportionately impacted by the short-term realities of a lean marketplace and a more balanced and nuanced assessment of long-term value. In a condemnation setting, the legal, practical and logistical difficulties of assessing value in a way that is fair and reasonable becomes particularly problematic.

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March 24th, 2010 — In News & Events

Idaho Supreme Court upholds jury verdict in favor of property owners in eminent domain case

Last week, the Idaho Supreme Court in State v. Canyon Vista Limited Family Partnership, et al., Docket No. 34485, Opinion No. 26 (March 17, 2010) upheld a jury verdict awarding approximately $3.3 million as just compensation for property taken to widen a road in Twin Falls, ID.

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March 22nd, 2010 — In News & Events

Live Blogging of NJ Supreme Court oral argument in “bizarre condemnation” at

Robert Thomas, OCA Hawaii Member, will be covering the oral arguments in Klumpp v. Borough of Avalon, No. A-49-09 (certification granted Nov. 10, 2009) before the New Jersey Supreme Court today beginning at 11:00 AM (EDT). The New Jersey Supreme Court will review the decision of the Appellate Division which held that the government can assert inverse condemnation in order to acquire private property without compensation.

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March 11th, 2010 — In News & Events

Ground breaking set for today on Atlantic Yards in Brooklyn; Residents expected to vacate by April 3

A groundbreaking ceremony is scheduled to take place this afternoon for Developer Forest City Ratner’s controversial Atlantic Yards project in Brooklyn. News sources have indicted that local and state officials, including Mayor Michael Bloomberg and Governor David Patterson, are expected to attend.

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March 9th, 2010 — In News & Events

Virginia farm may be the “most condemned property in America”

Last week, Fox News featured a Virginia property owner, Edd Jennings, whose family farm might be “the most condemned property in America.” Fox & Friends Host Steve Doocy spoke with the Virginia cattle rancher and his attorney, Joe Waldo (Virginia OCA Member), concerning Jennings’ inverse condemnation suit against the Virginia Department of Transportation (VDOT). In the current litigation, Jennings alleges inverse condemnation against VDOT, because the department did not exercise eminent domain before interfering with his property rights.

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March 3rd, 2010 — In News & Events

Nicole Gelinas: Eminent Domain as Central Planning

Unless it needs property to build a road, a subway line, a water-treatment plant, or a similar piece of truly public infrastructure—or unless a piece of land poses a clear and present danger to the public—the state should keep its hands off people’s property.

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March 2nd, 2010 — In News & Events

Final chapter of an eminent domain battle: Jaxport v. Keystone

With a bit of irony, the sale of 38 acres of Jacksonville Port Authority (“Jaxport”) waterfront property to Keystone Coal Company and related entities (“Keystone”) closed on March 1, 2010 closing the final chapter of an eminent domain battle that began in 2005. Keystone purchased Jaxport’s property adjacent to Keystone’s 70 acre parcel for $13,204,844.00 under a global settlement agreement. Keystone’s 70 acres was the subject of Jaxport’s attempted seizure by a “slow-take” eminent domain action filed in 2005. (See our previous post here.)

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