Tag: just compensation

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.

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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?

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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).

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“Most condemned property in America” in court today

Posted on Apr 14, 2010 in News & Events

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.

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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.)

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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.

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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.

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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.

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

Posted on Mar 22, 2010 in News & Events

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

Posted on Mar 9, 2010 in News & Events

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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