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Keyword: eminentdomain

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  • NJ’s threat to take Holocaust survivor’s land: Another Kelo land grab in the making

    05/21/2014 5:42:31 AM PDT · by SeekAndFind · 2 replies
    New York Post ^ | 05/20/2014 | Editorial Board
    Charlie Birnbaum’s parents were Holocaust survivors whose patch of the American Dream was a modest Atlantic City home near the ocean. Their son has held on to it — through hurricanes, economic slumps and even his mother’s murder. Today, it may be taken away when the Casino Reinvestment Development Authority asks a state court to give it Charlie’s property. The CRDA basically argues it has the right to take whatever properties it wants and do with them whatever it wants to reshape Atlantic City whatever way it wants. Traditionally, to seize someone’s property through eminent domain, you had to show...
  • Why Orlando is Demolishing a Black-Owned Church & What It Plans to Build Over It’s Just Plain Wrong

    05/21/2014 4:16:56 AM PDT · by lowbridge · 31 replies ^ | kevin boyd
    City of Orlando officials have filed a lawsuit seeking to seize a church property through eminent domain, in order to build a soccer stadium on it. The Orlando City Lions, set to enter Major League Soccer in 2015, are seeking to build a new soccer-specific stadium to play in. The Orlando Sentinel published today: If successful, the eminent domain action filed Thursday in Orange Circuit Court would allow Orlando to take the last of 20 parcels needed for the $115 million stadium being built for the Orlando City Lions, an MLS expansion franchise. Newly released records show the city more than...
  • (Huffington Post) From Bundy to Keystone XL: Where’s the property rights outrage here?

    05/12/2014 4:55:14 PM PDT · by PaulCruz2016 · 4 replies
    Huffington Post via Grist ^ | 05-12-2014 | Kate Sheppard
    Nevada rancher Cliven Bundy has become something of a folk hero among the anti-government, pro-property rights crowd, thanks to his recent standoff with the federal Bureau of Land Management. Some landowners in the path of the proposed Keystone XL pipeline want to know where the support for them has been, since their private property will actually be taken away without their approval. Bundy and his supporters don’t recognize federal ownership of the land where his cattle have been grazing illegally for more than two decades. He refuses to pay grazing fees, arguing that he has “ancestral rights” to the land...
  • The Kelo Decsion and Barack Obama’s BLM land grabs

    04/22/2014 10:52:36 AM PDT · by Oldpuppymax · 14 replies
    Coach is Right ^ | 4/22/14 | Kevin "Coach" Collins
    What stops the federal government from merely deeding private lands to foreign governments “because we can?” Actually nothing stops the government from doing anything, certainly not the Kelo Decision. Without a doubt the Supreme Court’s Kelo Decision is one of the most potentially destructive weapons a tyrant like Barack Obama has at his disposal. We’ve heard that Dirty Harry Reid, Nevada’s real life Senator Geary, was possibly preparing to steal some of the Bundy ranch land to give it to a Chinese company to run another fake “green scam.” This begs the question: Why couldn’t the Bureau of Land Management...
  • Colo. eminent domain case settled with $115,000 sale

    04/16/2014 6:38:46 PM PDT · by saywhatagain · 26 replies ^ | April 16, 2014 | By Faith Mangan
    Andy Barrie recently held a property rights seminar for landowners. Asked what lessons they shared, Ceil Barrie said with teary eyes, "Yeah, don't annoy the government."
  • Well-Kept Secret: New London, Conn. Mayor Has Apologized for Kelo Property Seizures

    03/15/2014 12:13:05 PM PDT · by SeekAndFind · 28 replies
    Newsbusters ^ | 03/01/2014 | Tom Blumer
    Daryl Justin Finizio, the recently elected Democratic Party Mayor of New London, Connecticut has apologized to the families and homeowners who lost their homes as a result of the city's decision to condemn properties in the Fort Trumbull area of that city. Those efforts began over a decade ago. A lawsuit by the victims which attempted to stop the city from taking their properties and destroying their homes ultimately led to the Supreme Court's Kelo vs. New London decision in 2005. The Court ruled in favor of the City based on what it believed was "a carefully considered development plan."...
  • Eminent Disaster

    03/13/2014 12:19:12 PM PDT · by Kaslin · 20 replies ^ | March 13, 2014 | Jeff Jacoby
    NEARLY NINE years have elapsed since the US Supreme Court, in one of its most notorious rulings, decided that seven homeowners in the Fort Trumbull neighborhood of New London, Conn., had no property rights which City Hall was bound to respect. Today Fort Trumbull is a wasteland, as a detailed new report confirms. The court's 2005 holding inKelo v. City of New Londongave local officials a green light to seize and demolish private homes through eminent domain, then turn the land over to developers itching to build something more lucrative. In Fort Trumbull, those private homeowners included people such as...
  • Claremont should be wary of water takeover plan

    03/12/2014 3:42:20 AM PDT · by lowbridge · 3 replies ^ | march 5, 2014 | jon coupal
    A particularly dangerous movement has taken hold in California that constitutes an immediate threat to homeowners in Claremont. The city government is planning to use eminent domain to seize the local water system currently owned and operated by a private company. The cost to taxpayers will be enormous, yet government refuses to provide residents with information that would allow for a thoughtful and independent review. If the takeover makes sense, why hide the facts? There is nothing inherently wrong with public ownership of water service and, indeed, most Californians get their water from public providers. But the devil is in...
  • TransCanada Tries To Seize U.S. Land For Keystone Pipeline (Eminent Domain)

    03/10/2014 6:35:34 PM PDT · by PaulCruz2016 · 13 replies
    Forbes ^ | 02-24-2014 | James Conca
    On Wednesday, a Nebraska judge struck down a state law that would have allowed TransCanada to use the power of eminent domain to seize private land to help construct a short 300-mile segment of the controversial Keystone XL pipeline between Cushing and Steele City, Nebraska. The law in question, LB 1161, allows Nebraska Governor David Heineman and TransCanada to avoid regulators in siting a crucial portion of the pipeline. Lancaster County District Judge Stephanie Stacy sided with three landowners who challenged the law, finding that regulatory power over industrial companies such as TransCanada must remain with agencies such as the...
  • Judge strikes down Nebraska law that allowed Keystone pipeline to proceed through state

    02/19/2014 2:08:44 PM PST · by Hojczyk · 30 replies
    Fox News ^ | February 19,2014 | AP
    LINCOLN, Neb. – A Nebraska judge on Wednesday struck down a law that allowed the Keystone XL oil pipeline to proceed through the state, a victory for opponents who have tried to block the project. Lancaster County Judge Stephanie Stacy issued a ruling that invalidated Nebraska Gov. Dave Heineman's approval of the route. Stacy agreed with opponents' arguments that law passed in 2011 improperly delegated the decision-making power to Heineman to give the company eminent domain powers within the state. Stacy said the decision should have been made by the Nebraska Public Service Commission, which regulates pipelines and other utilities....
  • Nebraska judge strikes down legislature’s move allowing Keystone XL route

    02/19/2014 2:16:51 PM PST · by Brad from Tennessee · 133 replies
    Washington Post ^ | February 19, 2014 | By Lenny Bernstein
    A Nebraska judge ruled Wednesday that the state violated its constitution when it allowed the governor to approve the route of the controversial Keystone XL pipeline, a decision that could significantly delay the $5.3 billion project. District Court judge Stephanie F. Stacy blocked Gov. Dave Heineman (R) and other defendants “from taking any action on the governor’s January 22, 2013 approval of the Keystone XL Pipeline route,” such as allowing land to be acquired by eminent domain for the project. Stacy concluded that the state legislature’s decision to take the siting power away from its Public Service Commission and give...
  • Nine Years after Kelo, the Seized Land Is Empty

    02/06/2014 6:26:22 AM PST · by rktman · 25 replies
    National Review ^ | 2/5/2014 | Alec Torres
    Nine years after the Supreme Court’s Kelo decision gutted the right of American property owners to resist eminent-domain seizures, the neighborhood at the center of the case remains a wasteland. Fort Trumbull in New London, Conn., was bulldozed to fulfill the vision of politicians and developers eager to create a New Urbanist mixed-use “hub” for upscale living in the depressed town near the mouth of Long Island Sound.
  • ‘Kelo’ Revisited

    02/04/2014 10:45:46 AM PST · by mgist · 35 replies
    The Weekly Standard ^ | FEB 10, 2014, | CHARLOTTE ALLEN
    ‘Kelo’ Revisited Properties were seized and a neighborhood razed in the name of ‘economic development’ that never came "See that pole with the transformer hanging from it?” Michael Cristofaro asked me. “That was where my family’s home was.” MICHAEL CRISTOFARO STANDING IN WHAT ONCE WAS HIS YARD IN NEW LONDON, CONN. TIM COOK / THE DAY I looked up at a line of high telephone poles marching diagonally against a blanched winter sky across a vast, empty field; that was entirely uninhabited and looked as though it had always been that way. New London, population 27,000, a rundown onetime whaling...

    01/21/2014 10:25:32 AM PST · by lowbridge · 28 replies ^ | january 21, 2014 | becket adams
    World War II veteran Frank Whitney is fighting taxpayer-funded attempts by a New York village to seize his private property. Officials in the village of Saltaire on Fire Island, N.Y., are trying to take Whitney’s Saltaire Market grocery using eminent domain so they can build a municipality-owned market, the New York Post reported. And in an attempt to get their hands on the 88-year-old’s property, which was damaged in 2012 by Superstorm Sandy, village officials may try to raise the $2.5 million needed to buy and refurbish his grocery store by increasing the area’s property taxes. Whitney said he has means and...
  • Cities Mull Using Eminent Domain To Seize Mortgages

    01/08/2014 7:15:01 AM PST · by SeekAndFind · 21 replies
    IBD ^ | 01/08/2014 | By ANDREA RIQUIER
    As a real estate agent in the struggling San Francisco Bay city of Richmond, Zina Hall is well acquainted with all ways of helping troubled homeowners. Hall spent months this autumn working with an elderly widow with a medical condition who was struggling to make payments. Her best option, Hall believed, was a short sale, and they began that laborious process. But after several weeks, the homeowner disappeared, then called Hall to say she wanted to pull out and use a new program by the city. "They have eminent domain and it's going to help me," Hall recalled her saying....
  • Sacramento seeking to file eminent domain suit [against CalPERS/U.S.Bank] for arena property

    01/03/2014 6:02:08 AM PST · by Cincinatus' Wife · 8 replies
    Sacramento Bee ^ | January 3, 2014 | Ryan Lillis and Tony Bizjak
    After negotiations over the property stalled without a deal, the city of Sacramento is preparing to push ahead with an eminent domain lawsuit to seize control of the former Macy’s men’s clothing and furniture store at Downtown Plaza, a vital parcel in the plan for a new sports arena. [snip] The parcel is owned by CalPERS, the state’s public employee pension fund, and U.S. Bank holds a ground lease on the property, according to a city staff report. C-III, a Texas-based asset management firm, is negotiating on behalf of U.S. Bank, city officials said. [SNIP]
  • Elderly Chinese man deployed six homemade CANNONS to stop his home being demolished without consent

    12/25/2013 3:17:59 PM PST · by Olog-hai · 19 replies
    Daily Mail (UK) ^ | 06:04 EST, 25 December 2013 | William Turvill
    An elderly man deployed six homemade cannons around his home to prevent it from being demolished. Zhou Jianbang set the dummy weapons up after watching neighbors’ houses torn down allegedly without consent. Mr. Zhou insisted his cannons would not have caused any harm and civil police in Xingyang, Henan, central China, confirmed he had not broken any laws. …
  • Eminent Domain, NY Attorney General Schneiderman And Cas Sunstein (All You Need Is Luck!)

    11/19/2013 10:11:14 AM PST · by whitedog57 · 1 replies ^ | 11/19/2013 | Anthony B. Sanders
    Eminent domain to seize underwater mortgages is rearing its ugly head in New York. However, New York Attorney General Eric Schneiderman actually showed common sense by pointing out the dangers: “I am, just as a lawyer, uncomfortable with expansive use of eminent domain. I think [it] should be a vehicle of necessity, and it’s controversial whenever you use it… You have to be careful about balancing all the interests.” Well said, Mr. Schneiderman. emdomnj Eminent domain to seize underwater mortgages is a clear attack on mortgage investors, as I have discussed previously. But it seems to be gaining momentum, despite...
  • Eminent Domain For Negative Equity Borrowers: ACLU Versus PIMCO And FHFA (Hockett To 'Em, Baby!)

    11/16/2013 11:15:16 AM PST · by whitedog57 · 4 replies
    Confounded Interest ^ | 11/16/2013 | Anthony B. Sanders
    The eminent domain steamroller is gaining momentum. Irvington NJ now joins Richmond CA in the effort to seize the mortgages of underwater borrowers and reduce their debt. Other cities are moving forward (or backward) in the eminent domain derby. Newark NY, Pomona and Oakland CA are moving forward. Other cities are considering studies to seize mortgages such are two in Pennsylvania and a cities in Minnesota, according to Robert Hockett, a Cornell University law professor and one of the architects of the strategy. He should be nicknamed “Hockett to ‘em”. robert_hockett-inside-small Who is the “‘em” that Hockett want to sock...
  • Richmond [CA] weighs using eminent domain to help struggling homeowners

    10/15/2013 12:47:21 AM PDT · by Cincinatus' Wife · 9 replies
    Sacramento Bee ^ | October 15, 2013 | Hudson Sangree
    RICHMOND -- A San Francisco-based group of financiers called Mortgage Resolution Partners has been calling on Sacramento and other California cities for more than a year, pitching a plan to use government powers of eminent domain to seize underwater mortgages and refinance them for the benefit of homeowners who owe more than their homes are worth. Most communities took a pass, saying the novel plan was too risky. Not Richmond, a largely working-class city in the Bay Area. There, a determined and articulate Green Party mayor has helped steer the plan through the City Council in recent months. Today, the...
  • Calif. city looks to seize loans to ease mortgages (Richmond)

    08/25/2013 9:53:31 AM PDT · by Olog-hai · 29 replies
    Associated Press ^ | Aug 25, 2013 9:39 AM EDT | Paul Elias
    When the mayor of Richmond, Calif., and a gaggle of activists and homeowners showed up at the Wells Fargo Bank headquarters in downtown San Francisco this month, they were on a mission to speak with the bank’s chief executive. They wanted the bank to drop a lawsuit aimed at stopping Richmond’s first-in-the-nation plan to use the government’s constitutional power of eminent domain to “seize” hundreds of mortgages from Wells Fargo and other financial institutions. … Wells Fargo, three other banks and even the Federal Housing Finance Agency think otherwise. The banks have filed two lawsuits alleging that the plan is...
  • [California] Pricey homes in Richmond's eminent domain plan

    08/20/2013 3:40:35 PM PDT · by Lonely Bull · 3 replies, San Francisco Chronicle ^ | Tuesday, August 20, 2013 | Carolyn Said
    Richmond's controversial plan to seize underwater mortgages through eminent domain includes loans for at least two homes purchased for over $1 million as well as other high-end properties - a revelation that appears to undermine the city's argument that the plan would combat blight. The city is pursuing mortgages with balances ranging from $98,000 to $1.12 million, according to data collected by Marc Joffe, an analyst who received the property addresses, loan balances, offer amounts and other information through a California public records request and shared them with The Chronicle. --SNIP-- Eminent domain is the seizure of private property for...
  • Richmond Threatens Eminent Domain To Address Foreclosure Crisis

    08/01/2013 9:02:28 AM PDT · by MeshugeMikey · 22 replies
    KCBS ^ | AUgust 1, 2013 | KCBS
    Richmond Threatens Eminent Domain To Address Foreclosure Crisis Richmond city leaders were moving ahead with a plan to head off the foreclosure crisis, a plan that is not without controversy. The city has offered to buy more than 600 underwater mortgages at below the homes’ current value. “If they are unwilling to negotiate a sale of the loans, which we want them to do, then we will consider using eminent domain as another option to purchase these loans at fair market value,” said Richmond Mayor Gayle McLaughlin. Richmond is the first city in the country to take the controversial step...
  • A City Invokes Seizure Laws to Save Homes (Richmond, Californis)

    07/30/2013 3:22:43 PM PDT · by dynachrome · 30 replies
    nytimes ^ | 7-30-13 | SHAILA DEWAN
    The power of eminent domain has traditionally worked against homeowners, who can be forced to sell their property to make way for a new highway or shopping mall. But now the working-class city of Richmond, Calif., hopes to use the same legal tool to help people stay right where they are. Scarcely touched by the nation’s housing recovery and tired of waiting for federal help, Richmond is about to become the first city in the nation to try eminent domain as a way to stop foreclosures. The results will be closely watched by both Wall Street banks, which have vigorously...
  • Delta tunnel project to radically change Sacramento County landscape (CA)

    04/29/2013 10:02:17 AM PDT · by MeganC · 11 replies
    The Sacramento Bee ^ | 28 April 2013 | Matt Weiser
    When Daniel Wilson learned earlier this year that the state of California wants to bulldoze his family's pear orchard to build a giant Sacramento River water diversion, he and his brother were making a major new investment in the crop. Located near the town of Hood, in the Sacramento-San Joaquin Delta, the orchard has grown Bartlett pears for 50 years as the foundation of the family farm. But Bartletts are not as marketable as they once were. So the brothers were grafting thousands of trees to grow new pear varieties – Bosc and River Maid Red – to ensure viable...
  • San Bernardino Will Try to Hammer "Nail House" Loans in 2013

    12/04/2012 10:52:44 AM PST · by WayneLusvardi · 9 replies ^ | December 3, 2012 | Wayne Lusvardi
    What are called “nail houses” in China may be coming to the county of San Bernardino in 2013 by using eminent domain as a bail out from unfunded public pension debts. The photo at right shows a property that has gained worldwide attention as a holdout from a freeway construction project in China. A now famous duck farmer owned the home — recently demolished after the owner finally “accepted” the Chinese government’s offering price. Holdout houses in China are called “nail houses” because homeowners refuse to be “hammered down” in price. Mortgage Resolution Partners is a private mortgage hedge fund...
  • China: Road Built Around Couple’s Home

    11/22/2012 10:49:10 PM PST · by Olog-hai · 33 replies
    Sky News ^ | 6:25pm UK, Thursday 22 November 2012
    A Chinese couple have found themselves living in the fast lane after refusing to move out for a new road. Construction workers in the country’s Zhejiang province surrounded their five-story building with asphalt, leaving motorists to navigate an unlikely obstacle. …
  • Is 5076 Montauk Blighted?

    10/03/2012 12:55:51 PM PDT · by MichCapCon · 4 replies
    Michigan Capitol Confidential ^ | 10/1/2012 | Audrey Spalding
    The house sitting on 5076 Montauk Drive in Alpine Township (pictured at right) doesn't look like a blighted property. The house is not crumbling, nor does it appear to be in an area where vacancy is a concern. However, when the Kent County Land Bank Authority acquired 5076 Montauk this summer, the property automatically became "blighted." Any property acquired by any Michigan land bank is considered blighted by law, regardless of the property's condition or location. In Kent County, properties held by owners who repeatedly fail to pay property taxes are subject to tax foreclosure. Tax foreclosed properties are sold...
  • County Blocks Private Citizens From Purchasing Home; Buys The Property Itself

    10/02/2012 5:16:53 AM PDT · by MichCapCon · 1 replies
    Michigan Capitol Confidential ^ | 9/29/2012 | Tom Gantert
    The Kent County government blocked private citizens who had interest in buying an abandoned house and purchased the property itself so the county could then re-sell it for an estimated $100,000 profit. And a county official said it was all legal. The house in Alpine Township was designated as "blighted" and before it was offered to realtors or others who might have been interested in the property, the Kent County Land Bank Authority acquired it for $10,448.28. "It is true that from the outside, this house looks to be in good shape," said Kent County Treasurer Ken Parrish, who also...
  • (Eminent Domain) Chinese Protester "Crushed to Death by State-Controlled Road-Flattening Truck"

    09/25/2012 7:49:21 PM PDT · by DogByte6RER · 24 replies
    The Daily Mail (U.K.) ^ | 25 September 2012 | Chris Parsons
    Chinese protester opposing government takeover of village land 'is crushed to death by state-controlled road-flattening truck' • Protester He Zhu Hua, appears to be crushed in shocking images • He opposed being moved after government tried to claim land for commercial use • Reports claim government then tried to hide body and sent security to quell anger from residents This is the horrifying moment a Chinese protester was allegedly brutally crushed to death by a government road flattening truck over a land dispute. The demonstrator had apparently resisted a government relocation when he appeared to be crushed by the huge...
  • Urban League sues Springfield (MA) for 2009 eminent domain taking of Mason Square library building

    08/15/2012 2:29:08 PM PDT · by matt04 · 9 replies
    he Urban League of Springfield has sued the city, saying when the city took it’s land and building by eminent domain the payment was “grossly unfair, totally inadequate, and does not reflect the fair market value” of the property. City Solicitor Edward M. Pikula said he has not seen the suit filed in Hampden Superior Court late last month and cannot comment. The city took the 756 State St. property by eminent domain in September 2009 and opened the Mason Square branch of the city library there in April 2011. That location had been a full service library until 2003,...
  • California cities eye plan to seize mortgages

    07/16/2012 5:45:07 AM PDT · by magellan · 28 replies
    Associated Press ^ | July 16, 2012 | AMY TAXIN and CHRISTINA REXRODE
    In the foreclosure-battered inland stretches of California, local government officials desperate for change are weighing a controversial but inventive way to fix troubled mortgages: Condemn them. Typically, eminent domain has been used to clear property for infrastructure projects like highways, schools and sewage plants. But supporters say that giving help to struggling borrowers is also a legitimate use of eminent domain, because it's in the public interest. Under the proposal, a city or county would sign on as a client of Mortgage Resolution Partners, then condemn certain mortgages. The mortgages are typically owned by private investors like hedge funds and...
  • After 50 Years, Fire Still Burns Under Pennsylvania Town (Centralia, PA - Ghost Town)

    05/26/2012 9:18:07 AM PDT · by DogByte6RER · 33 replies
    Fort Wayne Journal Gazette ^ | May 25, 2012 | Michael Rubinkam
    After 50 years, fire still burns under Pa. town (A motorist in 2004 drives among the smoldering remains of land near Route 61 in Centralia, Pa. AP file photo) Fifty years ago Sunday, a fire at the town dump ignited an exposed coal seam, setting off a chain of events that eventually led to the demolition of nearly every building in Centralia — a whole community of 1,400 simply gone. All these decades later, the Centralia fire still burns. It also maintains its grip on the popular imagination, drawing visitors from around the world who come to gawk at twisted,...
  • Senate transportation bill funds more federal government land grabs

    03/19/2012 5:08:29 PM PDT · by Tolerance Sucks Rocks · 3 replies ^ | March 19, 2012 | Rebekah Rast
    The U.S. Senate has approved of a $109 billion bill that provides two years of funding for transportation and transit projects around the country. The bill may or may not be taken up by the U.S. House Representatives depending on if they choose to write a separate House bill, but hopefully what will be left out of any final version is an amendment by Montana U.S. Sen. Max Baucus. His amendment funds the Land and Water Conservation Fund (LWCF) to the tune of $1.4 billion for fiscal years 2013 and 2014 — quite a jump from the $323 million it...
  • House votes to overturn Supreme Court decision on eminent domain (Mad Maxine is for it)

    02/29/2012 5:36:55 PM PST · by Libloather · 16 replies · 1+ views
    The Hill ^ | 2/28/12 | Pete Kasperowicz
    House votes to overturn Supreme Court decision on eminent domainBy Pete Kasperowicz - 02/28/12 05:19 PM ET The House on Tuesday afternoon approved legislation that overturns a 2005 Supreme Court decision that affirmed the ability of states to take control of private property under the doctrine of eminent domain and hand it to another private developer. That decision, Kelo v. City of New London, led to sharp complaints in particular from Republicans, who argued that the Court ignored the normal "public use" standard. Under that standard, eminent domain was seen as permissible only when the land or property taken would...
  • Grading Barack Obama

    01/01/2012 10:04:06 AM PST · by qaz123 · 22 replies ^ | Feb 2011 | Nick Gillespie
    Few legal scholars have blown as many minds and impacted as many national arguments as Richard Epstein. His 1985 volume Takings: Private Property and the Power of Eminent Domain made the controversial argument that zoning, environmental regulations, and other government actions that substantially limit the use or decrease the value of property should be viewed as a form of eminent domain and thus strictly limited by the Constitution. The result was a firestorm of outrage, followed by a trickle of acknowledgment that maybe the guy was onto something. As Epstein told reason in a 1995 interview, “I took some pride...
  • KCIR Shutdown Could Boost Street Racing

    11/13/2011 12:14:23 AM PST · by Impala64ssa · 8 replies ^ | 11/8/11 | Staff
    KANSAS CITY, Mo. -- Some people are warning that the expected sale of the Kansas City International Raceway could lead to a rise in illegal street racing. The city plans to acquire 93 acres of land around the speedway. The track, which has been around since 1967, would be turned into a park. A young driver named Darcie, 17, said racing is a way of life for her. "This gives me self-confidence to do so many other things in my life," she said. "A park isn't going to do that." Some people worry that if people can't race legally on...
  • Barbour: Initiative 31 bad for business

    11/05/2011 12:22:30 PM PDT · by Sybeck1 · 7 replies
    The Memphis Commercial Appeal ^ | 11/5/11 | Henry Baily
    Barbour: Initiative 31 bad for business 'It'll cost us a whole lot of jobs,' governor warns Firing back at critics of using eminent domain as a tool for economic development, Gov. Haley Barbour says DeSoto County voters armed with facts shouldn't be afraid to shoot down Initiative 31 on the Tuesday ballot. They should be afraid of the economic impact if the proposal passes: "It'll cost us a whole lot of jobs. It would be felt in DeSoto County and all across the state," he said. "People shouldn't be misled into thinking this will protect their property from eminent domain,"...
  • Scalia criticizes Kelo ruling on private property

    10/21/2011 5:23:13 AM PDT · by 1010RD · 53 replies
    Chicago Daily Law Bulletin ^ | October 19, 2011 | Jerry Crimmins
    U.S. Supreme Court Justice Antonin G. Scalia said Tuesday he does not believe the high court's "infamous" Kelo decision of 2005, which held that cities can take land from some residents with compensation and give it to others for economic development, will be lasting law. "I do not think the Kelo decision is long for this world," Scalia said in a speech to Chicago-Kent College of Law. He compared the court's decision in Kelo v. New London, Conn., No. 04-108, to the Dred Scott case, which held that slaves were outside the protection of the U.S. Constitution, and to the...
  • Federal ruling causes waves at Lake of the Ozarks [destroy residences]

    10/02/2011 2:28:40 PM PDT · by DeaconBenjamin · 42 replies · 2+ views ^ | Sunday, October 2, 2011 12:00 am | BY JEFFREY TOMICH
    Roy and Karen Walker's condominium at Lake of the Ozarks fulfilled a retirement dream when the couple bought it nearly a decade ago. The unit overlooking the relatively calm Niangua arm of the lake had everything they wanted. It was near town, right on the shoreline, with an easily accessible boat dock. But proximity to the water has gone from a selling point to liability, their property from asset to albatross. The couple are among thousands of property owners along the lake now stuck in legal limbo after being notified that all or part of their homes, decks, gazebos and...
  • An Epilogue to the Kelo Case

    09/22/2011 10:03:37 AM PDT · by 92nina · 12 replies · 2+ views
    Property Rights Alliance ^ | 2011-09-20 | J. Michael Wahlen
    Reason Magazine featured a great article that chronicles a new twist in the famous Kelo vs. New London case. This landmark case radically increased the size of government under the eminent domain clause by forcing Susette Kelo to leave her house so that the City of New London could use the land for “economic development” in 2005. The new twist comes from a story recounted by a journalist and author Jeff Benedict. Benedict recounts a recent book reading of The Little Pink House (written on the Kelo case) in which Justice Richard N. Palmer, one of the 4 judges who...
  • Apology Adds An Epilogue To Kelo Case [eminent domain]

    09/19/2011 7:39:57 AM PDT · by Daffynition · 33 replies
    Hartford Courant ^ | September 18, 2011 | JEFF BENEDICT
    If a state Supreme Court judge approaches a journalist at a private dinner and says something newsworthy about an important decision, is the journalist free to publish the statement? I faced that situation at a dinner honoring the Connecticut Supreme Court at the New Haven Lawn Club on May 11, 2010. That night I had delivered the keynote address on the U.S. Supreme Court's infamous 5-4 decision in Kelo v. New London. Susette Kelo was in the audience and I used the occasion to tell her personal story, as documented in my book "Little Pink House."
  • PICKET: '05 Kelo decision a failure; CT site remains a dump

    09/03/2011 10:48:40 PM PDT · by paltz · 9 replies
    Washington Times Water Cooler ^ | Sept.3, 2011 | Kerry Picket
    Should it be any surprise that six years after the horrible landmark Supreme Court's 2005 case Kelo v. City of New London, which brought about the decision that governments could seize private property for the sole reason of "economic development," the Fort Trumbull site in question is today a total dump, where "economic development" by the local government has ceased to ever happen? The Eminent Domain blog, Gideon's Trumpet, points out that the site has sat there for years following the court's decision and has become overgrown with weeds and other vegetation. It is a far cry from the well...
  • Kelo Home Seized Through Controversial Eminent Domain Taking Now Being Used As A Dumping Ground

    09/02/2011 4:59:09 AM PDT · by icanhasbailout · 46 replies · 1+ views
    Say Anything ^ | September 1, 2011 | Rob Port
    The Kelo vs. New London case saw the Supreme Court expanding the government’s eminent domain powers to include taking property and giving it to other private citizens for the purposes of economic development and enhancing tax revenues. It was a terrible blow to property rights in America. And now, in perhaps a fitting end to the sad chapter in American jurisprudence, the City of New London is now using the property the fought to seize all the way to the Supreme Court as a dumping ground. Video below, and a letter to the editor noting the irony of the city...
  • The Great Basketball Swindle: New documentary on New York's shameful eminent domain abuse

    08/12/2011 11:49:05 AM PDT · by GSWarrior · 10 replies
    WSJ online (from Reason Magazine) ^ | 7/15/2011 | Damon Root
    In December 2003, Bruce Ratner, a real estate tycoon and part-owner of the New Jersey Nets basketball team, held a press conference in New York City to announce his latest project, a 22-acre "urban utopia" called the Atlantic Yards. The idea was to transform downtown Brooklyn by erecting 16 office and residential skyscrapers, a luxury 180-room hotel, and a fancy new arena for the Nets. Standing by Ratner's side that day was the architect Frank Gehry, who told the press he was particularly excited "to build a whole neighborhood practically from scratch." It was a revealing statement. After all, the...
  • Interests in Mississippi Try to Block Eminent Domain Reform

    07/27/2011 1:36:28 PM PDT · by 92nina
    ATR ^ | 2011-07-26 | Grant Morgan
    ...The Mississippi Farm Bureau Federation and the National Federation of Independent Business appeared as “friends of the court”, arguing that placing the amendment to the state constitution on the ballot is permissible under the US Constitution because they claim that it does not change the definition of “public use” or grant new rights to property owners, but rather codifies existing definitions in order to protect property-owners from abuse and provide certainty. Karen Harned, a spokesperson for the NFIB legal center, stated that “"It's one thing for government to take private property for long-standing and well-agreed public uses, but it's just...
  • Federal Court: You Can Fight City Hall and Win

    07/25/2011 10:41:12 AM PDT · by 92nina · 1 replies
    Property Rights Alliance ^ | 2011-07-21 | Grant Morgan
    ...What did the 360 square foot sign, which was visible from two interstates, say? “End Eminent Domain Abuse” Roos, a member of the Missouri Eminent Domain Abuse Commission, had been fighting the city since 2007, when he painted the sign to protest aggressive land-taking by the city government of St. Louis. The initial ruling from the district court held that the city ordinance was content-neutral and therefore acceptable on its face, and Mr. Roos’ work was a “classic example” of a sign. However, the panel of the appeals court found that the ordinance did discriminate based on content, and that...
  • Rick Perry: A Texan’s ‘exceptionalism’

    06/25/2011 12:11:49 PM PDT · by Cincinatus' Wife · 163 replies
    Washington Post ^ | June 24, 2011 | George Will
    In the 1850s, on the steps of the Waco courthouse, Wallace Jefferson’s great-great-great-grandfather was sold. Today, Jefferson is chief justice of Texas’s Supreme Court. The governor who nominated him also nominated the state’s first Latina justice. Rick Perry, 61, the longest-serving governor in Texas history and, in his 11th year, currently the nation’s senior governor, says these nominations are two of his proudest accomplishments. French cuffs and cowboy boots are, like sauerkraut ice cream, an eclectic combination, but Perry, who wears both, is a potentially potent candidate for the Republican presidential nomination because his political creed is uneclectic, matching that...
  • Rick Perry Is Not Running for President. Mitch Daniels Is Running for President.

    05/19/2011 6:36:56 AM PDT · by SumProVita · 66 replies · 1+ views
    Red State ^ | Erick Erickson
    "Conservatives would have to mount a massive, rapid, and high volume effort to get him in. I think such an outpouring of support and requests would draw Perry in. But, to do so, it’d have to be after Daniels and with continued displeasure with the field by conservatives. One of the sticking points has always been whether the country was ready for another guy from Texas so soon after Bush. With Texas’s economy flourishing and the national economy still imploding, I think the country could get ready for another guy from Texas really quick. Daniels is running. How conservatives react...
  • New 2012 buzz: Rick Perry thinking of jumping in? (Ready for another Texas Governor as POTUS?)

    05/17/2011 8:13:35 PM PDT · by SeekAndFind · 58 replies
    Hotair ^ | 05/17/2011 | Allahpundit
    After months of gassy media speculation about Jeb Bush, Marco Rubio, and Chris Christie, we’re all near the point of dismissing deus-ex-machina rumors about candidates out of hand.But this one … doesn’t seem so far-fetched. A Texas pol who is close to Perry has been telling a few key strategists that the nation’s longest-serving governor sees a vacuum and is waiting to be summoned into the race. This source believes that could happen by late summer. Without fellow Southerners Haley Barbour or Mike Huckabee in the race — and with Newt Gingrich’s early troubles raising further doubts about the current...