Archive | Public Purpose

Is the acquisition of private property for affordable housing a public use?

New York City Mayor Bill de Blasio announced plans to acquire privately owned residential buildings and convert them into affordable housing in an effort to reduce the City’s homeless problem. The City is currently paying property owners to house homeless people in apartments in the buildings that the City wants to acquire. The City’s plan is to acquire the buildings and transfer them to nonprofit companies that will convert all of the apartments in the buildings into affordable units. The homeless people will stay in the affordable units. If the… read more

Posted in Condemnation, Eminent Domain, Public Purpose
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WIND-POWER LINE BLOWN AWAY BY ILLINOIS SUPREME COURT

The Illinois Supreme Court rendered a decision on September 21, 2017 which upheld a lower court decision that an application filed by Clean Line Energy, a Houston Company, may not use eminent domain to acquire land to develop a 500 mile transmission line designed to carry wind generated power through the State of Illinois.  Illinois Landowners Alliance NRF v Illinois Commerce Commission, 2017 IL 121302. The basis for the decision was that Clean Line Energy does not qualify as a “public utility.”  The $1.8 billion high voltage line has been… read more

Posted in Pipeline Takings, Public Purpose, Public Utility
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WE NEED THE GATEWAY TUNNEL AND PENN STATION REDEVELOPMENT NOW

The Trump administration’s infrastructure plan will be out in a few weeks and will call for $200 billion in taxpayer money to generate $1 trillion in private investment in over ten years. President Trump’s pledge to spend $1 trillion on infrastructure was a top campaign promise, but has received little attention amidst the daily disasters of his administration.  Indeed, it may be the rare area that appears ripe for bipartisan support.  Not that there isn’t some concern that the plan to have private investment will come at the cost of… read more

Posted in Gateway Tunnel, Infrastructure Plan, Penn Station, Public Purpose
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