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The Preeminent Domain

An Eminent Domain and Land Use Blog

Page: 6 of 6

More Amicus Briefs Filed in Brandt

Another amicus brief has been filed in support of the landowner, urging the U.S. Supreme Court to reverse the 10th Circuit’s decision, this time by two public interest law firms.  The Pacific Legal Foundation and the Center for Constitutional Jurisprudence argue that the Tenth Circuit’s decision that the United States retained an “implied reversionary interest” in the 1875 Act right-of-way repudiated the common law rules of property ownership in favor of a per se rule.  “The Tenth Circuit’s repudiation of the... Read More ›
Steve Streck
Steve Streck
December 9, 2013

OCA/NFIB Amicus Brief Filed in Brandt Rails to Trails Case

The Owners Counsel of America (OCA) and National Federation of Independent Business (NFIB) Small Business Legal Center filed their amicus brief in support of the landowner in Brandt v. United States, No. 12-1173 (cert. granted October 1, 2013) arguing the United States Supreme Court should reverse a Tenth Circuit Court of Appeals decision which held the United States retained an implied reversionary interest in railroad rights-of-way. As described in an earlier post, this case involves the conversion of an abandoned... Read More ›
Steve Streck
Steve Streck
December 9, 2013

When Does a Condemning Authority Have to Condemn?

Chapter 32 of the Wisconsin Statutes grants the power of condemnation to governmental subdivisions, public utilities, school districts, a number of commissions, and a host of other entities.  It specifies precisely who may condemn, and specifies the purposes for which each condemning entity may exercise its power.  Chapter 32 has within its 29 pages virtually all of the rules that relate to the procedural and substantive aspects of eminent domain in Wisconsin.   But one thing it apparently does not do,... Read More ›
Steve Streck
Steve Streck
December 5, 2013

Seizing Mortgages – The Eminent Domain Power & Mortgage Foreclosures

Eminent domain power allows a governmental body to seize property for the greater public good. Foreclosure is a legal process where a lender attempts to recover the loan balance of a borrower by forcing the sale of the asset used as collateral for the loan. Two seemingly different concepts have been widely discussed in recent months. Why and how are they related? A few cities across the country have considered using the eminent domain power to fight the housing crisis.... Read More ›
November 26, 2013

When are “monetary exactions” as a Condition of a Land Use Permit Constitutional?

My first post regarding Koontz v. St. Johns River Water Management Dist., ____ U.S. ____, 133 S.Ct. 2586, 186 L.Ed.2d 697 (2013), focuses on the first issue addressed by the Court:  the point at which an unconstitutional condition of a land use permit constitutes a taking and the effect of the manner in which the condition is imposed.  This post centers on the second issue addressed by the Court:  whether or not the essential nexus and rough proportionality requirements of... Read More ›
Michelle Martin
Michelle Martin
November 26, 2013

Wind Turbines and Property Values

Condemnation valuation litigation involving acquisitions for roads, electric transmission lines and natural gas or petroleum pipelines is commonplace.  Property valuation issues, particularly with respect to electric transmission lines, have been studied by accomplished and well-known experts in the fields of statistics and real estate appraisal for several decades and published in peer-reviewed, professional journals.  But until a few years ago, there hasn’t been a comprehensive, statistically rigorous study analyzing the impact of wind turbines on property values. The timing couldn’t... Read More ›
Steve Streck
Steve Streck
November 15, 2013

Rails-To-Trails and the U.S. Supreme Court

All over the country abandoned railroad corridors are being converted into recreational trails, much to the delight of exercise enthusiasts including bikers, hikers and joggers, as well as anyone who is looking for a quiet place to take their dog for a walk. The cost of the trail construction can be significant, depending on the composition of the trail surface and whether bridges are necessary. But construction cost is not whole story. Landowners are making claims against the federal government,... Read More ›
Steve Streck
Steve Streck
November 2, 2013

Making It Easier to Sue Over Wind Turbines

Earlier this year Wisconsin Senator Frank Lasee introduced a bill that seems to invite property owners to sue owners of wind energy facilities.  2013 Senate Bill 167 requires a court, in an action for damages caused by a wind energy system, to “grant a prevailing plaintiff …actual damages for physical and emotional harm suffered by the plaintiff, including for medical expenses, pain, and suffering” caused by lost value of real estate, compensation “for moving to another residence to escape the... Read More ›
Steve Streck
Steve Streck
October 26, 2013