Archive | September, 2013

MO Supreme Court Upholds Constitutionality of Heritage Value Statute

The Missouri Supreme Court recently issued a decision affirming a $2.1 million payment for the taking of 15 acres of land in St. Louis County, Missouri. The land was owned by the Novel family, originally purchased by the family patriarch in 1904. Arthur and Stella Novel lived and farmed on the land until their deaths in the late 1960’s. The land, now owned by their descendants, had been vacant since 1968 until the time of the taking in February 2010. The property was acquired in order to construct a portion… read more

Posted in Condemnation Procedures, Eminent Domain, Offer & Compensation, Recent cases
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The Power of Eminent Domain: A Case Study Between Two States

In 2005 the Supreme Court held in Kelo v. City of New London that the general benefits of economic growth allowed the taking of private property for a private developer. The Court held that the economic development taking did not violate the public purpose clause of the Fifth Amendment. Since then, many states have adopted amendments to their Constitutions which narrow and specify the “public uses” for which property can be condemned. Virginia is one such state. The Virginia Assembly in 2007 enacted Chapters 882, 901 and 926. The legislation provided that… read more

Posted in Condemnation Procedures, Eminent Domain, Eminent Domain Abuse, Future of the law, New York, Recent cases
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