Tag: just compensation

Posted on Mar 2, 2010 in News & Events

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.)

Posted on Dec 3, 2009 in News & Events

As we noted here previously, the U.S. Supreme Court heard oral arguments yesterday in the most recent property rights case to go before the bench Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection.

Posted on Sep 9, 2009 in News & Events

A New Jersey appeals court recently ruled that business losses resulting from a temporary taking of commercial property for the repair of public infrastructure must be compensated. In it’s August 27, 2009 opinion, the appellate court upheald a trial court’s dismissal of the New Jersey Department of Transportation’s attempted taking of such a property where its offer of compensation failed to consider the business losses. The appellate court, in State v. Arifee, A-5633-07, adopted a U.S. Supreme Court ruling that “an exercise of the power of eminent domain which has the inevitable effect of depriving the owner of the going-concern value of his business is a compensable ‘taking’ of property.”

Posted on Jul 6, 2009 in News & Events

Widener University Law Professor D. Benjamin Barros summarizes the property rights case (Stop the Beach Renourishment v. Florida Department of Environmental Protection) recently accepted for review by the Supreme Court in his post: What’s at Stake in Stop the Beach Renourishment. (Our post about this case is available here.)

Posted on Jun 17, 2009 in News & Events

Jun 16, 2009 – Port Chester, NY – The village of Port Chester publicly apologized to property owner William Brody for improperly seizing his commercial property by condemnation nearly in 1999. In a settlement that ended the decade-long battle between the property owner and the village, Port Chester paid the property owner $475,000, formally apologized from the steps of the Village Hall during a settlement signing ceremony and re-named the street corner where his commercial buildings previously stood “William Brody Plaza.”

Posted on Jun 15, 2009 in News & Events

On Monday morning, the Supreme Court agreed to hear a Florida property rights case, Stop the Beach Renourishment v. Florida Dep’t of Environmental Protection, et al. (08-1151). In granting certiorari, the Court will decide whether state legislation to renourish eroded beaches along the coast or lakeshores constitutes a regulatory taking or violates the Fifth Amendment when the boundary lines of waterfront private property is affected.

Posted on May 20, 2009 in News & Events

A story in the community news section of the Mooresville Tribune caught our attention today due to it’s snappy title “Sewer line and cows don’t mix, so town and farmer reach agreement.” Of course, at first one might be interested in reviewing the article simply because it is about sewer lines and cows, but it was the second part of the title that caused us to stop and read. It is not often that one hears about a well-negotiated agreement between government and property owner. Therefore, it is our opinion that this story is worth repeating.

Posted on May 8, 2009 in News & Events

On Tuesday (May 5, 2009) a Cook County, Illinois jury awarded Ema Mae “Babe” Ahern $25 million for the taking of her 95-acre golf course and country club property in the Village of Evergreen Park on Chicago’s South Side. News stories about the jury trial and the property owner, Babe Ahern, reported that Ms. Ahern has lived on the property since her birth 101 years ago and that she continues to actively run the golf course and club, her family’s business.

Posted on Apr 17, 2009 in News & Events

In January the Wisconsin Law Journal featured an article entitled “DOT wants to cap legal fees for eminent domain takings.” The author explained that WisDOT had proposed the changes as part of it’s 2009-11 budget and as a result of an increase WisDOT had seen in the payouts between 2004 and 2007 resulting from taking private property by eminent domain. (See our 1/15/09 post here.)

Posted on Feb 26, 2009 in News & Events

NORFOLK, VA — Trial began yesterday in Norfolk Circuit Court regarding a condemnation action initiated by the Norfolk Redevelopment and Housing Authority (NRHA). A year ago, the NRHA sought to acquire 1 residential property and 3 commercial buildings by eminent domain as part of Old Dominion University’s (ODU) proposed redevelopment master plan. ODU claimed these properties were “blighted.” However, OCA member, Joseph Waldo, the attorney representing the property owners, has argued otherwise.