Navigation

Archive | Legislation

August 8, 2013

Mortgages- We Don’t Care About No Stinking Contracts

I once wrote that there is a legal aphorism in criminal law that a good prosecutor could indict a ham sandwich. If this is so, in an eminent domain proceeding, an average condemnor could condemn a kasha knish. The public purpose which is supposed to be a required element by our Fifth Amendment really doesn’t apply. See Kelo v. City of New London, 545 U.S.469 (2005). So it is hardly surprising that some governmental ninnies would think that in order to help its underwriter homeowner citizens, it would condemn their… read more

By
Posted in Eminent Domain, Eminent Domain Abuse, Future of the law, Legislation, Mortgage seizures
Read more > 0

June 19, 2013

Constitution Subcommittee Approves Bill to Protect Private Property Rights

On June 4, 2013, the United States Congressional Subcommittee on the Constitution and Civil Justice approved legislation to prohibit state and local governments that receive federal economic development funds from using eminent domain to transfer private property from one private owner to another for the purpose of economic development. The legislation is named the Private Property Rights Protection Act (H.R. 1944) is available here and is a direct response to the 2005 Supreme Court case Kelo v. City of New London, which gave local governments broad authority to seize private… read more

By
Posted in Challenging condemnation, Condemnation Procedures, Eminent Domain Abuse, Future of the law, Legislation
Read more > 1

April 29, 2013

NYLJ Article: Condemnors Behaving Badly

Two GRRH partners, Michael Rikon and M. Robert Goldstein, recently published an article in the New York Law Journal titled “Condemnors Behaving Badly.” The focus of the article is on one bad-faith practice often utilized by condemnors in New York: making a pre-vesting offer (as required by law), and then when this offer is rejected as full compensation, filing another appraisal for a lower amount. This is a problem for the claimant because the claimant is being punished for asserting its constitutional right to just compensation. This coercive practice is… read more

By
Posted in Condemnation Procedures, Legislation, New York, Offer & Compensation, Published Articles
Read more > 0

February 5, 2013

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

By
Posted in Eminent Domain, Eminent Domain Abuse, Legislation
Read more > 0