News & Events
April 14th, 2010 — In News & Events
“Most condemned property in America” in court today
Last month we posted "Virginia farm may be 'most condemned property in America'" about Edd Jennings and his family's 300 acres farm that has been condemned for easements and other public uses by state agencies and utility companies on 10 different occassions since the 1970s.
Read MoreApril 8th, 2010 — In News & Events
Cert petition filed for SCOTUS review of the “Undivided Fee Rule” in eminent domain
A new Petition for Writ of Certiorari has been filed with the United States Supreme Court requesting review of a Wisconsin eminent domain case, City of Milwaukee Post No. 2874 Veterans of Foreign Wars v. Redevelopment Agency, 768 N.W.2d 749 (Wis. 2009), in which the application of the "undivided fee rule" (also referred to as the "unit rule") resulted in the award of $0 as "just compensation." (SCOTUS Docket...
Read MoreApril 7th, 2010 — In News & Events
NY judge orders Port Chester to pay $3 million for property taken by eminent domain
On Friday, New York State Supreme Court Judge John R. LaCava issued an opinion in the eminent domain case known as In Re Matter of Village of Port Chester v. Village of Port Chester, 2010 NY Slip Op 50532(U), Supreme Court, Westchester County (Decided April 2, 2010), ordering the Village of Port Chester to pay the property owners $3,062,000.00, plus interest, for the taking of their commercial properties....
Read MoreMarch 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...
Read MoreMarch 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.
Read MoreMarch 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.
Read MoreMarch 22nd, 2010 — In News & Events
Live Blogging of NJ Supreme Court oral argument in “bizarre condemnation” at inversecondemnation.com
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.
Read MoreMarch 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.
Read MoreMarch 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...
Read MoreMarch 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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