2003)(
eminent domain taking involving natural gas pipeline)
«Court Adds $ 100 Million for
Eminent Domain Taking» by Joel Stashenko appeared in the New York Law Journal on July 8, 2010.
Our lawyers have drafted special legislation and land disposition agreements, designed procurements, written and negotiated construction and design contracts, administered contracts, negotiated land purchases, and advised on
eminent domain takings.
Not exact matches
Texas
eminent domain lawyer Luke Ellis, told the Houston Chronicle: «The public interest question surrounding exports provides an opening to challenge land
takings in court, and is almost certainly on the minds of pipeline executives.»
Like anyone along the route of proposed oil or gas pipelines, Rosinski was in a position where, had she not signed the agreement, her land would have been
taken anyway by virtue of
eminent domain — a right the government can assert to seize private property for public use.
«SourceHOV began searching for new space about 18 months ago when the Texas Department of Transportation announced an expansion of State Highway 183, which would
take away the firm's Irving production facility, under
Eminent Domain,» said CBRE Vice President Dolores Wood - Euart, CCIM, who represented the firm in lease negotiations.
The thing is Perry still hasn't been hit on the
eminent domain / crony capitalist thing in a debate and I would be interested in seeing how he
takes those punches in debate and how he hits back.
(And, lest you object that the federal government «owns» the national forests, and not the cathedral, let me add that nobody would dare try to
take the cathedral through
eminent domain either.)
The Transcontinental Gas Pipe Line which owns Williams Partners is seeking an injunction to
take the land via
eminent domain.
The Govern enacted
Eminent Domain Law proposing Utah can
take Federally controlled land.
Update: As of December 2016, AG Healey successfully negotiated for compensation to the state for conservation land
taken by
eminent domain during the construction of the Connecticut Expansion Project.
The Cuomo administration floated the idea of
taking over the FitzPatrick Nuclear Plant via
eminent domain, which helped un-stick a stalemate in negotiations over its sale.
Rep. Claudia Tenney (R - New Hartford) released a statement Wednesday calling the use of
eminent domain «an egregious
taking of Constitutionally protected rights.»
These features, combined with the power to dispense billions in federal and state funds, bond for debt, grant extensive tax breaks, override local land use laws, and
take private property through
eminent domain, makes the ESDC one of New York's most powerful honey pots.
Zephyr Teachout claimed that John Faso «
took» money from fossil fuel companies while they were trying to use
eminent domain to build a pipeline on the properties of residents in the 19th Congressional District.
American Iron and Metal wanted to reopen the «pick and pull» junk yard but the county said they had the option to use
eminent domain to
take over the property.
Was Teachout right about Faso
taking money from fossil fuel companies that planned to use
eminent domain?
«And John Faso
took money from fossil fuel companies as they tried to
take your land by
eminent domain for a fracked gas pipeline.»
It is like
eminent domain, enshrined in the Fifth Amendment — in which the government pays fair - market value for property it
takes for public use.
Amherst will try to use
eminent domain to
take over a former gas station property in Eggertsville that town officials for two decades have blasted as an unwelcome eyesore.
John Wayne Smith has ambitious plans for the office of governor of Florida: cutting taxes to the bone, eliminating dozens of agencies and offices, rescinding laws that allow the use of
eminent domain to
take property for private gain, and getting rid of occupational licensing schemes that prevent so many people from earning a living.
He says the state should use
eminent domain to seize the Islamic center site, but the Constitution prohibits such a
taking.
By Sean Ryan A dispute over what qualifies as blight is at the heart of Oak Creek's possible use of
eminent domain to
take a farm and clear the way for development.
Her legislation, offered near the end of session, authorized the state Power Authority to use
eminent domain in
taking over the FitzPatrick plant.
«You at FERC have an opportunity to
take America back for rural communities like mine or to give a corporate partnership
eminent domain to steal American land,» Roter said.
Beach says the pipeline company is
taking part of his property by
eminent domain.
Given the devastating power of
eminent domain, there must be a true public purpose before even considering
taking someone's private property.
The man was told, «This is a great offer and better than what you will get when the city
takes it through
eminent domain.»
Eminent domain — ask the average person what it means, and he is likely to think of the government
taking property for a high public purpose — a school, park, highway or library.
The legislation will also prohibit Westchester County from contributing funds to any development that uses
eminent domain to
take private property for private use.
In March 2015, FERC approved the application, granting Spectra broad authority that supersedes New York State Environmental Law to
take additional parkland in Blue Mountain Reservation by
eminent domain as part of the pipeline upgrade.
He thinks that by having more appealing - looking properties, it'll be harder for someone to
take his land with
eminent domain proceedings.
The school board voted to have Superintendent Eva Joseph review possibilities for
taking the property by
eminent domain so the district could seize the land before the charter school could be built.
How about if the government wants to seize your property under
eminent domain to build a freeway and offers you a choice between accepting their payment offer or
taking them to court, footing the entire bill for your lawsuit, still ending up
taking their money?
The government may
take such action through its «power of
eminent domain», or if the property is unfit.
Under New York's
eminent domain law (the «EDPL»), Gyrodyne is also entitled, subject to EDPL Section 514, to statutory simple interest on the additional amount at a rate not to exceed nine percent (9 %) per annum from November 2, 2005, the date of the
taking, to the date of payment.
The State had paid Gyrodyne $ 26,315,000 for the Property at the time of the
taking, which Gyrodyne elected, under the
eminent domain law, to treat as an advance payment while it pursued its claim.
We will not, said BB&T, «lend to commercial developers that plan to build condominiums, shopping malls and other private projects on land
taken from private citizens by government entities using
eminent domain.»
Unless the government
takes it through
eminent domain, or you neglect to pay your RE taxes, this piece of property is yours forever.
In «Private Matters» at Essex Street, Jason Loebs
took on the issue of
eminent domain.
So are the ranchers and farmers whose land is being
taken by
eminent domain across the Plains.
Patricia Kesecker stated: «Mountaineer Gas has wrongly
taken our land for
eminent domain, a process meant to be used for public good.
In order to make this bad deal work, the coal companies were allowed to re-route the highway's proposed route, moving it away from local business districts and threatening to
take thousands of acres of privately - owned land through
eminent domain.
In the face of such broad support, the Sheriff's office, Suarez, and county attorney, Micheal P. Short, have decided to
take the side of Energy Transfer, which has used
eminent domain against local landowners and which threatens sacred and traditional Native territories along the pipeline route.Energy Transfer's pipeline would move approximatly 470,000 barrels oil per day with capacity to move 570,000 barrels daily from the Bakken fields of North Dakota to be exported out to the gulf.
Keller, Gibson and other opponents of the project emphasize ETP's dishonesty in using the
eminent domain law to forcibly
take land from reluctant ranchers under the guise that a substantial portion of the gas in the pipeline would be used for domestic purposes.
Eminent domain lawyers are there to ensure you are receiving full compensation for the property being
taken.
3) Question: The state tried to
take my property through
eminent domain to let a corporation build a large facility.
Shall Section 11 of Article I (Bill of Rights) of the Constitution of Virginia be amended (i) to require that
eminent domain only be exercised where the property
taken or damaged is for public use and, except for utilities or the elimination of a public nuisance, not where the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development; (ii) to define what is included in just compensation for such
taking or damaging of property; and (iii) to prohibit the
taking or damaging of more private property than is necessary for the public use?
This blawg «is devoted to recent developments and commentary on regulatory
takings,
eminent domain, inverse condemnation, property rights, and land use law.»
Justice Stevens garnered a six - justice majority for a ruling that returned the
Takings Clause to its intended role mainly in securing compensation for landowners when the government exercises its power of
eminent domain.