Archive | Future of the law

September 19, 2013

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

By Michael Rikon

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

Mortgages- We Don’t Care About No Stinking Contracts

I once wrote that there is a legal aphorism in criminal law that a good prosecutor could indict a ham sandwich. If this is so, in an eminent domain proceeding, an average condemnor could condemn a kasha knish. The public purpose which is supposed to be a required element by our Fifth Amendment really doesn’t apply. See Kelo v. City of New London, 545 U.S.469 (2005). So it is hardly surprising that some governmental ninnies would think that in order to help its underwriter homeowner citizens, it would condemn their… read more

By Michael Rikon

Posted in Eminent Domain, Eminent Domain Abuse, Future of the law, Legislation, Mortgage seizures

Constitution Subcommittee Approves Bill to Protect Private Property Rights

On June 4, 2013, the United States Congressional Subcommittee on the Constitution and Civil Justice approved legislation to prohibit state and local governments that receive federal economic development funds from using eminent domain to transfer private property from one private owner to another for the purpose of economic development. The legislation is named the Private Property Rights Protection Act (H.R. 1944) is available here and is a direct response to the 2005 Supreme Court case Kelo v. City of New London, which gave local governments broad authority to seize private… read more

By Michael Rikon

Posted in Challenging condemnation, Condemnation Procedures, Eminent Domain Abuse, Future of the law, Legislation

Corridor Valuation

Written by M. Robert Goldstein and Michael Rikon. Recently, Goldstein, Rikon, Rikon & Houghton, P.C. partner Jonathan Houghton won an extraordinary case of first impression on a cross-appeal dealing with the issue of corridor valuation. Corridor valuation, discussed at length below, deals with the proper valuation methodology used by a court when the land which is condemned is part of a railroad corridor. Many early cases involving eminent domain involved railroads exercising their right of condemnation, such as South Buffalo Ry. v Kirkover, 176 N.Y. 301 (1903), which established the… read more

By Michael Rikon

Posted in Cases of First Impression, Eminent Domain, Future of the law, New York

The Government’s Power to Seize Your… Mortgage?

Many of you have probably been following the eminent domain mortgage seizure program proposed in San Bernardino County recently. If not, read more here. Mortgage Resolution Partners has proposed that the City use eminent domain to seize underwater mortgages. According to the San Berndardino Sun, “the loans would then be modified to current market value so people could afford their monthly mortgage payments and establish equity. The loans would then be sold to hedge funds, pension funds or other investors, with the proceeds being used to pay off outside financiers,… read more

By Michael Rikon

Posted in Eminent Domain, Future of the law, Loan crisis, Mortgage seizures

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Archive | Future of the law