Archive | Eminent Domain

Racism and Eminent Domain

An old case which has sparked national “condemnation” was the 1924 taking of “Bruce’s Beach” in Manhattan Beach, California.  The resort was established by Willa and Charles Bruce in 1912.  It was a destination where black tourists could swim, dance, eat and rest. The City claimed that it needed the property for a public park, but left it undeveloped.  Today it is used to train lifeguards. Manhattan Beach has been grappling with the history of Bruce’s Beach for years. The Los Angeles County Board of Supervisors voted unanimously to begin… read more

Posted in Eminent Domain, Racism
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FEDERAL POWER OF EMINENT DOMAIN CAN BE DELEGATED TO PRIVATE PARTIES

The United States Supreme Court has rendered an usual number of decisions dealing with eminent domain.  On June 29, 2021, the Court decided PennEast Pipeline Co. v New Jersey, 594 U.S. __ (2021).  The Court held that the Federal Government had properly delegated to private companies’ federal authority to condemn necessary rights-of-way in state owned property. The Natural Gas Act regulates the transportation and sale of natural gas in interstate commerce.  The Act requires natural gas companies to obtain from the Federal Energy Regulatory Commission (“FERC”) a certificate recognizing that… read more

Posted in Delegated Power of Eminent Domain, Eminent Domain, PennEast Pipeline
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Wind Power Transmission Lines: Up in The Air

Stopping the construction of wind generated energy is a growing trend in America. The Missouri legislature is considering a law that would outlaw utility companies taking land through eminent domain.  The Missouri House passed a bill 123-33 last week that would eliminate condemnation for a utility line.  The bill was specifically designed to block a project, “The Grain Belt Express.”  The project is a private venture that would take wind generated energy from Kansas and transmit it across Missouri.  The project will transport up to 4,000 megawatts of energy from… read more

Posted in Eminent Domain, Utilities, Wind Generated Energy
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Eminent Domain and New York’s Requirement for an Advance Payment: Stop the Monkey Business

We wrote on several occasions of the State of New York’s improper conduct of depositing the authorized advance payment into the State’s Comptroller’s Office. The State fails to provide any advance notice and refuses to tell the claimant when the deposit was made or why.  The claimant first learns the “when” and the “why” when the State submits an Answer.  And often times the purported rationale is questionable. Unless a court intervenes and stops this improper conduct, the State’s automatic deposits of the advance payment will continue unabated and a… read more

Posted in Advance Payments, Distribution Proceeding, Eminent Domain
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TRUMP’S WALL – A MIRAGE IN THE DESERT

          Donald Trump has made building a wall along the southwest border a cornerstone of his administration.  Trump has misappropriated government funds including $3.6 billion in money which was allocated for military construction to build the wall, but there is one necessary element missing, “the land.”  Congress – even while under Republican control, has repeatedly refused to appropriate the money demanded by the President to fund the project.           There are 1,350 miles of the southern border which is unfenced.  He originally wanted to fence 1,000 miles, but has reduced… read more

Posted in Border Wall, Ineffective Eminent Domain, Property Rights, Uncategorized
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