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May 25, 2006
Eminent Domainia: Hercules, Long Branch, Syracuse
Hercules, CA
Today's big eminent domain news comes from the town of Hercules, where the City Council just voted unanimously to use eminent domain to seize land owned by Wal-Mart because of fears that the retailer's superstore would force mom-and-pop stores out of business, generate unwelcome traffic and generally disturb the small-town flavor of the city of 24,000.
From ABC News:
"It's not right to take private property for political purposes," said Wal-Mart spokesman Kevin Loscotoff.
AP, via Washington Times, City uses eminent domain to bar Wal-Mart
San Francisco Business Times, Hercules rejects Wal-Mart
ABC, Town Snubs Wal-Mart, Citing Supreme Court
Los Angeles Times, Small Town Rocks Retail Giant
Long Branch, NJ
Atlanticville, Eminent domain report gets mixed reviews
The NJ Public Advocate recently released a report which found that "current redevelopment laws in NJ do not protect the rights of property owners." There is a heated battle going on in Long Branch, where the city is seizing beachfront property from bungalow owners in order to build condos. Does this report go far enough to save the Long Branch bungalows, or is a moratorium on eminent domain seizures needed while the state legislature works things out?
Syracuse, NY
The Syracuse Post-Standard, Judge stays condemnation of stores' rights
Eminent domain powers extend to lease rights, another form of property rights:
A state appeals court judge Wednesday temporarily blocked the Syracuse Industrial Development Agency from seizing the rights of some of the Carousel Center's retailers to veto the mall's expansion.
The lease rights require the store's permission before developer Robert Congel can make any major change to the mall, including the planned addition of 848,000 square feet of new leasable retail space to the mall.
Posted by lumi at May 25, 2006 7:18 AM