Archive | Eminent Domain

Corridor Valuation

Written by M. Robert Goldstein and Michael Rikon. Recently, Goldstein, Rikon, Rikon & Houghton, P.C. partner Jonathan Houghton won an extraordinary case of first impression on a cross-appeal dealing with the issue of corridor valuation. Corridor valuation, discussed at length below, deals with the proper valuation methodology used by a court when the land which is condemned is part of a railroad corridor. Many early cases involving eminent domain involved railroads exercising their right of condemnation, such as South Buffalo Ry. v Kirkover, 176 N.Y. 301 (1903), which established the… read more

Posted in Cases of First Impression, Eminent Domain, Future of the law, New York
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N.C. Bill Seeks to Limit Impact of Kelo Decision

N.C. Rep. Chuck McGrrady introduced legislation this week to amend the North Carolina State Constitution to limit the government’s condemnation powers, specifically prohibiting condemnation of private property except for public use, and providing for the right to just compensation and a trial by jury in all condemnation cases. The bill is a direct response to the U.S. Supreme Court Decision in Kelo v. New London, Conn. (2005) which liberalized the  test for eminent domain, providing that the government may force the sale of property if it was for a”public purpose” or “public benefit.” According to… read more

Posted in Eminent Domain, Eminent Domain Abuse, Legislation
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Use of Eminent Domain Expected to Spike as America Becomes More Energy Independent

When you voted “yes” or “no” in this past year’s election you probably weren’t thinking too heavily about eminent domain (unless you were in Virginia!). But it turns out that America’s push towards energy independence will come at the expense of property owners nationwide. According to blumberg.com, the natural gas industry estimates that 450,000 miles of pipelines will need to be built in the next 25 years in order to accommodate America’s energy needs. As an example, in order to provide the eastern half of the United States alone with 20% of… read more

Posted in Eminent Domain, Eminent Domain Abuse, Energy Companies
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GRRH Partners to Present at National Business Institute

GRRH is excited to share that Jonathan M. Houghton, Joshua H. Rikon, and Michael Rikon will present a continuing legal education program for the National Business Institute titled Eminent Domain from Start to Finish on April 2, 2013 in Plainview, New York. To register for the program call 800-930-6182 or go to NBI’s website at www.nbi-sems.com

Posted in Continuing Legal Education, Eminent Domain, Speaking Appearances
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Eminent Domain Abuse in Jefferson County, Tennessee- Taking Private Property for Private Use?

Jefferson County appears to be putting the cart before the horse. Last Thursday, the Jefferson County Chamber of Commerce threw a big party to celebrate an industrial megasite proposed to built near the junction of Interstate 40 and Insterstate 41, according to Examiner.com. The party celebrated “a megasite that isn’t built or certified on land that has not been legally or rightfully purchased” and “toast[ed] jobs that have not been produced by companies that have no agreed to come to the un-built industrial megasite that isn’t  certified on land that belongs to dozens of private… read more

Posted in Eminent Domain, Eminent Domain Abuse
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