Controversy over
use of eminent domain for private development has been heating up for years, so even before Kelo, some states had beefed up their condemnation protections.
Lake in the Hills Village President Scott Berg
said use of eminent domain was necessary to ensure development according to the village's standards.
The recent U.S. Supreme Court ruling upholding
public use of eminent domain powers, has sparked a surge of legislative action across the country.
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.
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.
It also calls out a new category of pipeline opponents, «Democrats and Tea Party types» who want to stop
the use of eminent domain for pipelines exporting oil and gas.
Lake in the Hills Village President Scott Berg said that
use of eminent domain was necessary to ensure development according to the village's standards.
The state Court of Appeals upheld the Empire State Development Corp.'s
use of eminent domain to help Columbia University with its $ 6.3 billion expansion project over 17 acres in Harlem.
For the record, that's two hits in two days: The first over the real estate developer's so - called «liberal» record and bygone support of universal health care and taxing the rich, and the second for
his use of eminent domain.
Rep. Claudia Tenney (R - New Hartford) released a statement Wednesday calling
the use of eminent domain «an egregious taking of Constitutionally protected rights.»
«Today, New York property owners face
the use of eminent domain by the Empire State Development Authority and a number of the other 640 - plus state, regional and local authorities... History records a consistent effort on the part of the state's elites to take the power to scrutinize expenditures out of the ordinary citizen's reach and to remove government from the control of their directly elected representatives.»
Additionally, my co-counsel over the years of challenging
the use of eminent domain at Atlantic Yards was Jennifer Levy, who is now the general counsel in charge of litigation for the Public Advocate.
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.
The use of eminent domain.
I would be very cautious about
the use of eminent domain if there is not a huge public benefit.
Christine Quinn I do support
the use of eminent domain for private developers, but as the other two council members said, it needs to be used carefully and infrequently in those circumstances.
Melina Katz: Well, as a sponsor of Letitia James» bill, which limits
the use of eminent domain for private business interests, it's a dangerous precedent to set in general.
He said Degnan was too open to
the use of eminent domain to acquire land for the bus terminal.
She argued for using IZ programs in concert with expansion of rent regulation — a de Blasio goal that would require state approval — and
use of eminent domain and tax seizure at the city level to obtain new tracts of land that the municipality can use to construct mixed - income developments.
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 endorsed
the use of eminent domain to secure land for both projects — at Atlantic Yards, he argued that the project's potential to create jobs and affordable housing made it worthwhile.
While the Dec. 3 ruling against
the use of eminent domain in Columbia University's $ 6.3 billion expansion project could still be overturned, the decision...
As state senator, Nichols supported legislation increasing an individuals» right to protect his or her home from invasion, and he filed legislation to limit
the use of eminent domain.»
The proposed legislation would not however, preclude
the use of eminent domain for affordable housing projects.
He specifically cited Penn Station as vulnerable and said he already has plans in motion, while also referencing the possible
use of eminent domain to make the surrounding area more secure.
The resistors» latest gambit is a federal law suit (Goldstein v. Pataki) filed on October 26th in the Eastern District, charging that
the use of eminent domain on behalf of Forest City Ratner and Atlantic Yards is unconstitutional.
Landowners like Patricia Kesecker, a West Virginia farmer, are concerned about
the use of eminent domain to acquire private land for a private pipeline company.
The conservator of Fannie Mae and Freddie Mac sent a notice to the Federal Register announcing the acceptance of public comments on the restructure of performing loans through
the use of eminent domain.
On Aug. 8, 2013 the Federal Housing Finance Agency (FHFA), which regulates Fannie Mae and Freddie Mac, released a statement on
the use of eminent domain to restructure performing loans along with an analysis of the implications for Fannie Mae, Freddie Mac and the FHFA.
Restrictions on
the use of eminent domain are already in place in the constitutions of the 50 states, in many cases based on the language of the Fifth Amendment to the U.S. Constitution.
In Utah, for example, REALTORS ® last year successfully backed passage of a law that restricts
the use of eminent domain by redevelopment agencies, government organizations set up to revitalize economically depressed areas.
Since the 5 - to - 4 ruling on Kelo v. City of New London, Conn., was handed down in June, more than two - dozen states have introduced or plan to introduce legislation that would limit
the use of eminent domain.
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.
On Aug. 8, FHFA, the conservator of Fannie Mae and Freddie Mac (the GSEs), sent a notice to the Federal Register announcing the acceptance of public comments on the restructure of performing loans through
the use of eminent domain.
FHFA expressed concerns about
the use of eminent domain for this purpose and indicated that the GSEs and the Federal Home Loan Banks were likely to experience losses.