Sentences with phrase «property by eminent domain»

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.

Beach says the pipeline company is taking part of his property by eminent domain.

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.

A revised plan to be presented Wednesday removes golf holes from land outside park boundaries and attempts to address landowners» concerns that the Park District would gobble up their property by eminent domain.

Not exact matches

Absent such a standard, the shareholder proposal rule becomes nothing less than a species of private eminent domain by which the federal government allows a small minority to appropriate someone else's property — the company is a legal person, after all, and it is the company's proxy statement at issue — for use as a soap - box to disseminate their views.

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.

In particular, I recalled how, back in 1993, when Trump decided he wanted to build special limousine parking lots around his Atlantic City casino and hotel, he had used all his influence to get the state of New Jersey to steal the home of an elderly widow named Vera Coking by declaring «eminent domain» over her property, as well as over a nearby pawn shop and a small family - run Italian restaurant.

By Sean Ryan A Milwaukee VFW post lost $ 300,000 and a chance to tilt national eminent domain law toward property owners after the U.S. Supreme Court refused to accept a case.

More than 700 parcels of land are affected by the proposed pipeline, and 120 landowners face losing property to the gas company under eminent domain.

By Sean Ryan National organizations that focus on eminent domain law are urging the U.S. Supreme Court to rule on a lawsuit over the vacant property at 27th Street and Wisconsin Avenue in Milwaukee.

Public Hearing on Legislation by Maisano & Abinanti to Protect Private Property Owners - law bans use of County funds for projects misusing eminent domain

He thinks that by having more appealing - looking properties, it'll be harder for someone to take his land with eminent domain proceedings.

Since there is no cost incurred by the owner, owners should retain eminent domain counsel in every case to make sure they do not give up property without being fairly compensated.

Eminent Domain and Condemnation is the process by which the city, county, state, or private utility or other statutorily granted entity, may come in and force you to sell all or part of your property to them under the guise of a public need.

The plaintiff argued that the threatened acquisition of property for use as parkland by eminent domain during land use proceedings was a taking warranting payment of just compensation.

The plaintiffs nowhere affirm, that private property has been taken for public use, by the state, in the exercise of the eminent domain; nor do the defendants allege it, nor do the court below; on the contrary, Chief Justice PARKER says, 7 Pick.

Should property be condemned for eminent domain, the process by which municipalities have the ability to acquire land for «public good», the owner of the property «must be given fair compensation after a «due process» in which a commission of «impartial» landowners or a jury (landowner's option) determines fair market value.

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.

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.

Section 1033 of the Internal Revenue Code («1033 Exchange») provides that real property that is or will be the subject of a compulsory or involuntary conversion either from condemnation via an eminent domain proceeding by local, state or Federal government, in whole or in part, can be exchanged by you on a tax - deferred basis for «like - kind» real property that is similar or related in service or use to the property that was involuntarily converted.

Spurred by such stories, including last year's Kelo vs. City of New London case — which galvanized opposition to the use of eminent domain for private development — property rights advocates across the country have been working for bills that would create curbs similar to those in Georgia.

The bill would take a stick approach to localities using eminent domain on non-blighted properties for economic development by withholding for two years any federal economic development — related funds they receive.

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.

Eminent domain refers to the process by which the government may seize private property with proper compensation, but without the owner's consent.

«Forget about Granny's house,» says developer Hopkins — properties taken by eminent domain are often industrial or commercial.