The well -
established power of eminent domain has traditionally been applied more narrowly to claim property for new roads or facilities that have a public purpose and owners are provided with just compensation.
The Forest Preserve Commission voted Tuesday to give itself the authority to threaten the use
of power of eminent domain in its negotiations to acquire nearly 160 acres of land in St. Charles Township from developers.
«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.
When the family rejected the offer, the district used
the power of eminent domain to receive the unannexed land.
June 27, 2005: Bless my soul if on June 23rd the U. S. Supreme Court didn't rule (narrowly) that it's AOK for local governments to use
the power of eminent domain to seize private property and give it to private developers who claim they can use it more profitably.
It also has
the power of eminent domain; the right to take private property to clear the way for projects deemed «public use».
But the plan launched by the administration of Mayor Jerry Jennings allowed the «preferred developer» to use
the power of eminent domain.
Cuomo's aides noted that the authority already has
the power of eminent domain for redevelopment purposes.
«The level of hysterical name calling leveled by the County Executive in response to my call for transparency and careful deliberation before exercising
the power of eminent domain against tax paying businesses reveals the presence of a potential abuse of power,» said Congresswoman Claudia Tenney.»
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.»
Legislation co-sponsored by Westchester County Legislators Tom Abinanti (D - Greenburgh) and James Maisano (R - New Rochelle), giving increased protections for Westchester County private property owners against wrongful use of
the power of eminent domain, will be the subject of a public hearing on Tuesday, September 7, 2010 at 7:00 p.m. at the Westchester County Board of Legislators.
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.
The taking of private property for public use by a government unit, against the will of the owner, but with payment of just compensation under the government's
power of eminent domain.
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.
When the government decides to take a property or business under
the power of eminent domain, owners need knowledgeable and resourceful counsel to help them defend their rights and receive fair compensation.
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.
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.
As to the cellular telephone company defendants (who the parties assumed was able to exercise the «
power of eminent domain,» like a governmental entity), the Owners argued that the Tower was an «intangible intrusion» onto their property which required compensation as an inverse condemnation.
The Supreme Court of the United States has considered whether a municipality could constitutionally exercise
its power of eminent domain over nonblighted private property as part of an economic redevelopment plan.
The City and the Developer executed a «development agreement», and the City formally declared the area a «blighted community», pursuant to the state statute allowing the City to take property via
its power of eminent domain.
This legislation would have prohibited the origination of taxpayer - guaranteed mortgages in areas where
the power of eminent domain is being used to seize mortgages.
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...
Menino is now considering using
the power of eminent domain to take the property away from Vornado, according to the New York Observer.