The bill, H.R. 4100, grants property owners the right to opt out of participation in the program and denies the corporation
eminent domain power.
Likewise, when a government entity exercises
its eminent domain power to condemn private property for public use, the government should provide - as required by the 5th Amendment - «just» compensation to affected property owners that covers not only the value of the property condemned but also all other reasonable and necessary costs generated by the condemnation action including, but not limited to, hiring legal counsel, obtaining temporary housing, lost business revenue, severance damages.
At some point later in the process, they have to be certified by a higher authority to have
that eminent domain power.
When the owner doesn't want to sell, the government would have to try to acquire the land with
eminent domain power.
The firm lost its most prominent case to date, however: Kelo v. City of New London, in which it challenged a city's sweeping
eminent domain powers before the Supreme Court.
The new agency would be controlled by a three - member board appointed by the governor and would have unlimited
eminent domain powers and the ability to void existing state contracts.
The recent U.S. Supreme Court ruling upholding public use of
eminent domain powers, has sparked a surge of legislative action across the country.
Ohio's highest court has considered whether it was permissible for a city to use
its eminent domain powers to seize private property when the only public purpose identified in support of the taking was the economic benefits to be gained by the property seizure.
Not exact matches
But the plan launched by the administration of Mayor Jerry Jennings allowed the «preferred developer» to use the
power of
eminent domain.
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.
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.
Her legislation, offered near the end of session, authorized the state
Power Authority to use
eminent domain in taking over the FitzPatrick plant.
Condemnation of land or homes happens through the process of
eminent domain, in which a government can force someone to sell property for a public improvement — usually a road or
power line.
With regard to a planned Islamic community center two blocks from the site of the September 11, 2001 attacks on New York City, in late July, 2010, Paladino issued a radio ad which stated, «As Governor, I will use the
power of
eminent domain to stop this mosque and make the site a war memorial instead of a monument to those who attacked our country.»
Given the devastating
power of
eminent domain, there must be a true public purpose before even considering taking someone's private property.
Bennett says MVHS doesn't have the
power to condemn properties, part of the
eminent domain process.
True, the Democrat controlled assembly over the months of its last session didn't act to reform the state's
eminent domain laws as Rell requested, and were obviously loath to limit a
power urban pols love.
Ultimately, if consent - based siting efforts fail, in favor of the common good the federal government must exercise its
power of
eminent domain to overcome local opposition, creating a deep geologic repository for nuclear waste.
The government may take such action through its «
power of
eminent domain», or if the property is unfit.
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.
It's always nice to win a case against the government or a multi-million dollar corporation exercising government - conferred
power like
eminent domain.
Municipalities across the country have seized on a novel approach to help resolve the current underwater mortgage crisis: using their
power of
eminent domain to seize mortgage loans from private investors through condemnation.
Whatever your cause — more affordable housing, commercial growth, an
eminent domain dispute — it's strengthened by the
power of research.
Richmond, Calif., city officials approved a plan this week to become the first city in the nation to use their
powers of
eminent domain to seize underwater mortgages.
Condemnation of a property is when the government exercises their
power of
eminent domain.
On the other hand, Jeffreys adds, it is good to see legislators doing their jobs, reviewing
eminent domain laws and definitions, and working to prevent any abuses of that
power.
In a statewide ballot later this year, they'll vote on whether to limit
eminent domain decisions to elected officials, taking that
power away from government agencies such as redevelopment corporations.
«The challenge is to keep tools in the hands of local governments to deal with pockets of poverty on a meaningful scale while ensuring governments exercise the awesome
powers of
eminent domain responsibly,» says Roger Platt, senior vice president and counsel of The Real Estate Roundtable, a Washington, D.C. — based advocacy group representing mainly owners and developers.
Richmond, Calif., city officials approved a plan this week to become the first city in the nation to use their
powers of
eminent domain to...
The federal government already has
eminent domain authority for land acquisition for other public purposes but not for construction of
power transmission lines.
Minnesota's new law limits the
power of local governments to use
eminent domain for public uses such as parks, bridges, roads and schools.
From the mid-1800s when the federal government used
eminent domain to help make way for the railroads to the 1960s when cities used the
power of condemnation to clear slums, Americans accepted the idea that, for the greater good, government would sometimes have to obtain private property for highways, dams or other projects.
Menino is now considering using the
power of
eminent domain to take the property away from Vornado, according to the New York Observer.