Eminent Domain

[benjamen]

How exactly is eminent domain legal??

http://dailycaller.com/2012/06/22/p...by-eminent-domain-forced-to-take-down-banner/

http://www.therightscoop.com/city-of-norfolk-using-eminent-domain-to-take-78-year-old-company/

Are you a small business that has been here for over 70 years and has over 100 employees? I think we will take your property and give it to the local college that has no use for your property...

 

[69mach351]

He should get around the sign issue by painting it on his building. Game over. I don't know why they would want to impose ED if they have no use for the land. Sounds like a joke.

 

[benjamen]

He should get around the sign issue by painting it on his building. Game over. I don't know why they would want to impose ED if they have no use for the land. Sounds like a joke.

My thought was to to have a bunch of signs close together (but not touching) that as a collection make one big sign.

 

[69mach351]

My thought was to to have a bunch of signs close together (but not touching) that as a collection make one big sign.

Not a bad idea. Just cut it up into smaller portions and hang them next to each other!

 

[pmbug]

* bump *

Eminent domain and the ongoing development of the Mountain Parkway Expansion have left a widow in the dark, hoping for answers before it’s too late to save one of the only things she has left of her late husband.

Janet Arnett’s Magoffin County home has been a hub of hope and love for generations of family members.

The property was purchased in 1969 and, from there, Arnett worked with her late husband Lowell to carve out a special space in Salyersville. Though the family lived in a couple of different mobile homes on the property over the years, in 1998 they built Arnett’s permanent home. Or, so she thought.
...
So, when news of the last segment of the Mountain Parkway Expansion came to Magoffin County during a community meeting, the family was shocked to learn that the development would demolish the homeplace that built them.
...
Arnett said the developers had visited over the years, warning that she may lose a small piece of her land to the new road. But the current plan shows the road running through the middle of her 63-acre property, which means her home will be demolished.

“We don’t want her to be collateral damage for a project that has been in the works for years,” said her daughter, Lanessa DeMarchis.

The family said they have contacted the county, the transportation cabinet, local representatives, and Gov. Andy Beshear’s office about the situation, but have yet to feel heard in any meaningful way.

After requesting that the road be moved in front of or behind the home, they claim they were told there are development and structural issues that make that impossible. So, Arnett requested to move her home from its current foundation to a lower piece of the property. However, she claims officials told her there is no room for a septic tank to be installed for a move of that caliber.

“I mean, if I want to build the road, that’s fine. But just leave me alone. Build it in front of me; build it behind me. You know, I just want to stay at my house. Here,” Arnett pleaded. “Why did it have to come through my house?”
...

More:

Widow losing home of 55 years to Mountain Parkway Expansion

The current plan shows the new road running through the middle of Janet Arnett's 63-acre property, which means her home will be demolished.

www.wymt.com

 

[searcher]

Institute for Justice Applauds Tennessee General Assembly For Passing Bill Codifying Right To Have Court Determine If Eminent Domain Is Necessary; Urges Governor To Sign Into Law​

ARLINGTON, Va.—The Institute for Justice applauds the Tennessee General Assembly for passing HB 2119, a bill that would codify the right for a property owner to ask a court if the use of eminent domain is truly necessary to accomplish a public use. The bill now waits to be sent to the Governor to either approve or veto.

Eminent domain is the process of the government taking private property and converting it to public use. However, that power has been used at times for politically connected individuals and businesses to petition the government to take private property under the guise of economic development in ways that do not benefit the public at large.

If HB 2119 were signed into law, the government would bear the burden of proving by a preponderance of evidence:

• The land, real estate, premises, or other property the condemner seeks to acquire is required for a public use;
• The condemner has a plan that reflects a reasonable schedule to complete the public use after the condemner takes ownership of the property;
• The condemner has access to funding to complete the public use; and
• The public use cannot be accomplished by using or acquiring other property with the consent of the owner of the other property without an unreasonable increase in cost or delay.

“This is an important step forward in protecting the property rights of the people of Tennessee,” said Lee McGrath, senior legislative counsel for the Institute for Justice. “We now urge Governor Lee to sign this good bill and continue to make Tennessee a leader in promoting individual rights.”

More:

Institute for Justice Applauds Tennessee General Assembly For Passing Bill Codifying Right To Have Court Determine If Eminent Domain Is Necessary; Urges Governor To Sign Into Law - Institute for Justice

ARLINGTON, Va.—The Institute for Justice applauds the Tennessee General Assembly for passing HB 2119, a bill that would codify the right for a property owner […]

ij.org

 

[searcher]

Rural Georgia Community Keeps Fighting Despite Railroad’s Win to Take Their Land​

A hearing officer with the Georgia Public Service Commission says a private company can take land from 18 property owners in Sparta for a new spur.

After a year-long legal battle with a railroad company over their land, landowners in a rural, majority-Black town in Georgia may be forced to sell their homes.

In an initial decision on Monday, a Georgia Public Service Commission officer approved a proposed rail spur in Sparta. Several property owners had refused to sell the land to Sandersville Railroad Co. In March, the centuries-old, white-owned private railroad company sought to acquire the property through eminent domain — a process that allows the government to take private land for public use. However, property owners must receive fair compensation.

The company petitioned the state’s public service commission to condemn the land parcels from 18 property owners along Shoals Road. The railroad company planned to construct a 4.5-mile rail spur that would connect the Hanson Quarry, a rock mine owned by Heidelberg Materials, to a main train line along a nearby highway. The proposed project would create 20 temporary construction jobs, a dozen permanent jobs averaging $90,000 a year in salary and benefits, and bring in over $1.5 million annually to Hancock County.

More:

Rural Georgia Community Keeps Fighting Despite Railroad’s Win to Take Their Land

A hearing officer with the Georgia Public Service Commission says a private company can take land from 18 property owners in Sparta for a new spur.

capitalbnews.org

 

[chieftain]

Eminent domain means one doesn't ever own property, merely title to it.

 

[searcher]

ARLINGTON, Va.—The Institute for Justice applauds Tennessee Gov. Bill Lee for signing HB 2119, a bill that will codify the right for a property owner to ask a court if the use of eminent domain is truly necessary to accomplish a public use.

Institute for Justice Applauds Gov. Lee For Signing Bill Codifying Right To Have Court Determine If Eminent Domain Is Necessary - Institute for Justice

FOR IMMEDIATE RELEASE: 4/23/2024 CONTACT: Phillip Suderman, psuderman@ij.org, (850) 376-4110 ARLINGTON, Va.—The Institute for Justice applauds Tennessee Gov. Bill Lee for signing HB 2119, a […]

ij.org