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January 3, 2007
EMINENT DOMAINIA
Here's a sample of eminent domain headlines in the new year. The cases run the gamut from the thought-provoking to the absurd:
Chicago Sun-Times, Arlington Heights condemnation decision expected soon
Arlington Heights has condemned the International Plaza, populated largely by independent Asian merchants, to make way for a Super Target. The town is seeking increased tax revenue and has designated the property "blighted." Cook County Circuit Judge James Epstein is expected to rule soon on a lawsuit brought by plaza tenant XSport Fitness, challenging the designation of "blight."
Hartford Courant, Editorial: Building Plan Has Merit
The Courant editorial board supports a proposal for the city to condemn a hotel that has stood vacant for 12 years. The property owners have been trying "to sell the building for a ridiculously high price of $10 million, roughly $50 a square foot." The adjacent property will become available for redevelopment soon.
Philadelphia Daily News, LETTERS, The casinos: A total sham
This scenario will sound familiar to many New Yorkers:
It was great that we had all those nice hearings, yet another great big happy civic debate that was completely irrelevant, because our politicians just don't care. They were going to do it no matter what we said.
What the Gaming Board said in awarding the licenses is that they are going to built slots parlors on the river whether we like it or not. They are going to take our homes from us under eminent domain whether we like it or not. They are going to build a new ramp to I-95 right at the corner of Reed and Delaware whether we like it or not.
LA Times, Even a Supreme Court loss can propel a cause
For activists who seek to change the law, nothing works better sometimes than losing a big case in the Supreme Court.
This year saw two small, public-interest law firms convert losses in the high court into wins in the court of public opinion.
ABC30.com, Jury Decides Old Visalia Theater is Worth $600,000 after 2 Year Legal Battle
What's happening in Visalia, CA, is not as rare as it ought to be:
In 2004, Restoration Church bought the property from owners Jerry Harrah and Lillian Martin. However the city did not wish to see the theater turned into a church and used a controversial power called Eminent Domain to take over the property.
The rules of eminent domain required the City of Visalia to pay fair market value. Back in 2004, they offered Harrah and Martin over $300,000 for the property, but restoration church had offered $600,000.
No surprises here, a jury awarded Harrah and Martin $600,000, but wait, there's more:
Owner Jerry Harrah is frustrated that Tuesday's outcome was the same offer given in 2004. He says, "Here we are 2.5 years later and we've got the same money and it's cost me at least $150,000 in attorney fees to get the same at what we should have gotten 2.5 years ago and it's really disheartening."
The Herkimer Evening Telegram, NYRI power line opponents prepare for next round
The Evening Telegram has got it wrong on former governor Pataki's state legislation blocking the NYRI power line:
The law prohibits use of eminent domain by electric and gas companies under certain circumstances in an effort to ensure eminent domain is only available for public purposes and not for the economic gain or any private developer.
If that were the case, it would apply to Bruce Ratner's Atlantic Yards plan. Instead, last year's law applied only to the power line project.
Utica Observer Dispatch, Power-line fight to heat up
New York Regional Interconnect is also seeking to have its planned route designated as a National Interest Electric Transmission Corridor. In such corridors, federal law would trump state laws when it comes to the placement of transmission lines.
The counties, along with several groups from other states, are challenging aspects of that law, which is an outgrowth of the 2005 Energy Act.
Eyewitness News Fox Providence, Town intends to demolish old home
The ground floor has caved in, the house is leaning forward, the owners are dead, the closest relatives are absent, and the town is owed about $16,000 in back taxes while the house has been assessed at $3,600.
Town Manager Burke LaClair says he is nearly finished cutting through the red tape that impedes the town's attempts to take control of the so-called "House of Horrors" at 52 High Street by eminent domain.
Posted by lumi at January 3, 2007 8:13 AM