Property Rights Concealed Carry Laws and Property Management
Use of Eminent Domain for Economic Development
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.
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.
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.
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.
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.
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.
Not exact matches
«I think
of these as high - tech Beanie Babies or 21st - century tulips,» says Robert Hockett, a law professor at Cornell who gained notoriety after the financial crisis
for proposing that cities
use «
eminent domain» to buy out underwater mortgages.
The city
of Boston even
used eminent domain to clear a portion
of land
for a local land trust.
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.
Instead, she finds fault with the pipeline companies
for using the threat
of eminent domain to seize private land when they just plan to export the product.
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.
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 doma
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 doma
for his
use 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.
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.
Louis had earlier asked Cuomo about budget language that would pave the way
for arms
of the state to
use eminent domain around Penn Station, the crucial transportation hub in midtown Manhattan.
He said Degnan was too open to the
use of eminent domain to acquire land
for the bus terminal.
Asked what prompted his Tuesday letter and whether he spoke with Cuomo before sending it, Nadler repeated the allegations contained in that earlier letter: That Degnan has been conspiring to
use eminent domain «
for a massive, community - disrupting, terminal west
of the current facility,» and that «Chairman Degnan has worked to exclude New York officials.»
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.
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.
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.
Deputy Borough President under Shulman, promoted overdevelopment and
eminent domain for private interests while chair
of land
use for the City Council, endorsement from Koch, and most recently worked
for a lobbying firm.
Public Hearing on Legislation by Maisano & Abinanti to Protect Private Property Owners - law bans
use of County funds
for projects misusing
eminent domain
«We are witnessing distressing instances where
eminent domain is
used by or
for powerful developers and the rights
of private citizens are undercut.»
RTP funding may not go toward property condemnation (
eminent domain), construction
of new trails
for motorized
use on federally managed public lands or
for facilitating motorized access on otherwise non-motorized trails.
Stephenson said the problem in a number
of cases
for charter schools has been with them seeking to
use eminent domain to gather a small property to complete their planned footprint, where cities do not wish to exercise
eminent domain for such a small purpose.
If you believe in the Republican platform, you can't support
eminent domain,»» she said, referring to forced sale
of private property to the government
for public
use — a process TransCanada invoked and would presumably have to
use again to gain right -
of - way
for Keystone XL.
Keller, Gibson and other opponents
of the project emphasize ETP's dishonesty in
using the
eminent domain law to forcibly take land from reluctant ranchers under the guise that a substantial portion
of the gas in the pipeline would be
used for domestic purposes.
Shall Section 11
of Article I (Bill
of Rights)
of the Constitution
of Virginia be amended (i) to require that
eminent domain only be exercised where the property taken or damaged is
for public
use and, except
for utilities or the elimination
of a public nuisance, not where the primary
use is
for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development; (ii) to define what is included in just compensation
for such taking or damaging
of property; and (iii) to prohibit the taking or damaging
of more private property than is necessary
for the public
use?
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.
His transactional practice includes leasing, lease administration
for developers and tenants, acquisition and sales, portfolio management, regulation
of real property
use and development,
eminent domain litigation and counseling, and abstracting lease portfolios, land
use regulation and permitting, code compliance, lease termination negotiations, and public relations issues.
Number 4, «Auction off legal research access to West or Lexis,» is interesting and it would be a good start — Wexis should definitely have to pay more
for its captive audience — but I'd definitely take this further: Put Wexis out
of business, either by
using eminent domain to buy them out (replacing their
for - profit services with non-profit analogues), or by simply creating a publicly - funded competitor that offers the same material
for free to anyone with an internet connection.
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.
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.
The federal government should not establish criteria
for the
use of eminent domain by state and local governments.
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.
A 1954 Supreme Court decision in the case
of Berman v. Parker gave governments latitude to
use eminent domain for economic redevelopment purposes.
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.
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.