Tag: eminent domain/condemnation
Chinese farmer defends his property from economic development taking
Posted on Jun 10, 2010 in News & Events
International news agencies have recently reported a story focusing on Yang Youde, a farmer whose property lies on the outskirts of Wuhan city, in central Hubei province, China and his efforts to defend his property from seizure by government-backed developers who want his land. Reuters reports: “His approach is more aggressive than most, but Yang’s problem is a common one.” And, some might argue common not only in Communist China.
SCOTUS eminent domain case concerning “undivided fee rule” scheduled for conference
Posted on Jun 9, 2010 in News & Events
The Respondent’s brief in opposition and Petitioner’s reply in support of the Petition for Writ of Certiorari in the Wisconsin eminent domain case, City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Agency of the City of Milwaukee, No. 09-1204 (cert. petition filed Apr. 2, 2010), have been filed with the U.S. Supreme Court. The matter has been distributed and is calendared for conference on June 17, 2010. (SCOTUS Docket No 09-1204.)
City’s attempt to “un-eminent domain” seized land fails in court
Posted on May 20, 2010 in News & Events
The city of Dublin, Ohio had planned to construct a $50 million interchange project at Interstate 33 and Post Road for which a certain amount of property was needed. Dublin went about exercising its power of eminent domain to acquire the necessary private property to build this public project. Although the property owner and City have not yet completed the valuation process to determine just compensation for the taking, the City has paid the owner what it believes to be fair market value for the 3 parcels taken. The City has also taken possession, begun clearing and preparing the approximate 20 acres of land for construction.
Update: Virginia business fighting blight and eminent domain to keep its property
Posted on May 19, 2010 in News & Events
Central Radio Company has been fixing communication systems for the Navy for decades, but now Old Dominion University, through the Norfolk Redevelopment Housing Authority (NRHA), wants the property on 39th Street for retail shopping.On Thursday, a Bob Wilson, owner of Central Radio, will begin to fight in court to keep his business.
Homeowners stand ground against eminent domain
Posted on May 6, 2010 in News & Events
Property is more than a piece of land for those who have worked their entire lives to make a comfortable home. What happens when the government says they need it?
Update: Amici brief filed in SCOTUS “undivided fee rule” eminent domain case
Posted on May 1, 2010 in News & Events
Yesterday, the National Association for Home Builders together with the Wisconsin Building Association filed a brief amici curiae in support of the VFW in the City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Agency of the City of Milwaukee, No. 09-1204 (cert. petition filed Apr. 2, 2010).
Cert petition filed for SCOTUS review of the “Undivided Fee Rule” in eminent domain
Posted on Apr 8, 2010 in News & Events
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 No 09-1204.)
NY judge orders Port Chester to pay $3 million for property taken by eminent domain
Posted on Apr 7, 2010 in News & Events
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.
Determining fair market value in a lean economy
Posted on Mar 29, 2010 in News & Events
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.
Idaho Supreme Court upholds jury verdict in favor of property owners in eminent domain case
Posted on Mar 24, 2010 in News & Events
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.