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Archive | Eminent Domain

November 30, 2021

The Infrastructure Package Means Business for Real Estate Investors

After much debate, President Joe Biden signed a $1.2 billion infrastructure bill (H.R. 3684) into law, finalizing a key part of his economic agenda.  The vote in the senate was uncommonly bipartisan; the yes votes included Senator Mitch McConnell of Kentucky, the Senate Republican Leader and 18 other Republicans. Funding for Roads and Bridges The legislation calls for investing $110 billion for roads, bridges and major infrastructure projects.  That’s significantly less than the $159 billion hat Biden initially requested in the American Jobs Plan. Included is $40 billion for bridge… read more

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Posted in Construction, Eminent Domain, Infrastructure Package
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August 5, 2021

Racism and Eminent Domain

An old case which has sparked national “condemnation” was the 1924 taking of “Bruce’s Beach” in Manhattan Beach, California.  The resort was established by Willa and Charles Bruce in 1912.  It was a destination where black tourists could swim, dance, eat and rest. The City claimed that it needed the property for a public park, but left it undeveloped.  Today it is used to train lifeguards. Manhattan Beach has been grappling with the history of Bruce’s Beach for years. The Los Angeles County Board of Supervisors voted unanimously to begin… read more

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Posted in Eminent Domain, Racism
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June 30, 2021

FEDERAL POWER OF EMINENT DOMAIN CAN BE DELEGATED TO PRIVATE PARTIES

The United States Supreme Court has rendered an usual number of decisions dealing with eminent domain.  On June 29, 2021, the Court decided PennEast Pipeline Co. v New Jersey, 594 U.S. __ (2021).  The Court held that the Federal Government had properly delegated to private companies’ federal authority to condemn necessary rights-of-way in state owned property. The Natural Gas Act regulates the transportation and sale of natural gas in interstate commerce.  The Act requires natural gas companies to obtain from the Federal Energy Regulatory Commission (“FERC”) a certificate recognizing that… read more

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Posted in Delegated Power of Eminent Domain, Eminent Domain, PennEast Pipeline
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March 2, 2021

Wind Power Transmission Lines: Up in The Air

Stopping the construction of wind generated energy is a growing trend in America. The Missouri legislature is considering a law that would outlaw utility companies taking land through eminent domain.  The Missouri House passed a bill 123-33 last week that would eliminate condemnation for a utility line.  The bill was specifically designed to block a project, “The Grain Belt Express.”  The project is a private venture that would take wind generated energy from Kansas and transmit it across Missouri.  The project will transport up to 4,000 megawatts of energy from… read more

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Posted in Eminent Domain, Utilities, Wind Generated Energy
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October 22, 2020

Eminent Domain and New York’s Requirement for an Advance Payment: Stop the Monkey Business

We wrote on several occasions of the State of New York’s improper conduct of depositing the authorized advance payment into the State’s Comptroller’s Office. The State fails to provide any advance notice and refuses to tell the claimant when the deposit was made or why.  The claimant first learns the “when” and the “why” when the State submits an Answer.  And often times the purported rationale is questionable. Unless a court intervenes and stops this improper conduct, the State’s automatic deposits of the advance payment will continue unabated and a… read more

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Posted in Advance Payments, Distribution Proceeding, Eminent Domain
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