Deep within the several - hundred - page document is a recommendation that Congress give the president
eminent domain authority to obtain land for the construction of energy transmission lines.
The federal government already has
eminent domain authority for land acquisition for other public purposes but not for construction of power transmission lines.
Supports
eminent domain authority only for a public use (e.g., ownership by a public entity), as well as a broad interpretation of «just» compensation, to include all reasonable and necessary costs which result from exercise of such authority, not just the value of the property condemned.
The Constitution provides the federal government
eminent domain authority to take private property, as long as the taking is for a «public use» and «just compensation» is given to the property owner.
This unprecedented use of
eminent domain authority would restrict the availability of mortgage credit, because mortgage investors are reluctant to purchase mortgages in participating communities due to difficult - to - quantify lending losses and collateral risk.
The effort to strengthen property rights in Georgia is just one sign of growing public concern nationwide that municipalities are overstepping
their eminent domain authority.
«
Eminent domain authority should be exercised only in special circumstances,» Julie Sullivan, assistant director of governmental affairs for the Illinois Association of REALTORS ®, testified before the Illinois Senate State Government Committee in July.
Furthermore, when a government entity exercises
its eminent domain authority, it should do so only when necessary to materially advance a real public use.
NAR attended a recent symposium in Washington, D.C., that highlighted the many concerns and questions regarding a new proposal being considered by several local governments across the country to seize mortgages by using
their eminent domain authority.
The expanded
eminent domain authority could be seen as an attempt to overcome a recent court ruling that held up state and local objections that FERC overstepped its authority in siting transmission lines in Virginia.
Not exact matches
To seize property by
eminent domain, New York law requires the
authority to be acting in some legitimate public purpose, like the removal of blight or a threat to public safety or, much more controversially, to spur economic development.
ALBANY — Gov. Andrew Cuomo announced a deal on a $ 168.3 billion spending plan that increases school aid by $ 1 billion, restructures the state tax code to respond to changes in Washington, directs money to the Metropolitan Transportation
Authority by raising fees on taxis and Uber rides and paves the way for the use of
eminent domain near Penn Station.
Entergy had said the plant was losing $ 100 million a year, so Cuomo's team of lawyers and finance experts figured out a legal path to seize FitzPatrick for $ 1 using the New York Power
Authority's right of
eminent domain.
At some point later in the process, they have to be certified by a higher
authority to have that
eminent domain power.
Her legislation, offered near the end of session, authorized the state Power
Authority to use
eminent domain in taking over the FitzPatrick plant.
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.
On Monday, the Administrative Rules Review Committee questioned what
authority charter schools have to call on the state to seize property through
eminent domain laws.
The idea has also drawn the ire of the Federal Housing Finance
Authority, the regulator of government mortgage giants Fannie Mae and Freddie Mac, which has threatened to stop local governments from seizing underwater homes through
eminent domain.
A controversial proposal that would allow local government officials to use the
authority of
eminent domain to condemn distressed mortgages...