Archive | Uncategorized

Who’s in Charge Here: The Province of the Trial Court in a Condemnation Case

New York is one of only three states in the nation that does not allow trial by jury in an eminent domain case.  All claims against the State of New York and certain other state authorities have exclusive jurisdiction in the Court of Claims where, regardless of the nature of the claim, there are no jury trials.  Appropriation claims in the Court of Claims are certainly included and are tried by a Court of Claims Judge.  Other condemnation matters must be tried by a Justice of the Supreme Court.[i]  This… read more

Posted in Decision by Jury, Trial, Uncategorized
Read more > 0

Taking an Ancient Mound Access

The Ohio Supreme Court will hear a country club’s appeal of orders that it provides public access to the state historical agency to ancient burial mounds.   The lower courts ruled that the Ohio History Connection can reclaim the lease for the 2,000-year-old Octagon Mounds from Moundbuilders Country Club by eminent domain.   The Ohio History Connection has leased the 134-acre property to Moundbuilders where golf has been played since 1910.  The agency wants to buy back the lease and convert the property to a park to improve public access… read more

Posted in Access, Historic Burial, Site, Uncategorized
Read more > 0

The Atlantic Coast Pipeline is No Mas

The natural gas project which would have crossed the Appalachian Trail has been canceled as delays and costs mount.  This blog has reported on the pipeline frequently.  See “The Atlantic Coast Pipeline. Bulldozers at Your Doorstep,” June 16, 2020.  At that time, it was noted that the U.S. Supreme Court ruled that the Atlantic Coast Pipeline can traverse sixteen miles within the George Washington National Forest.  The case, U.S. Forest Service v Cowpasture River Prevention Assoc., 590 US ___ (2020) considered the grant of a special permit from the Forest… read more

Posted in Appalachian Trial, Pipelines, Sioux Nation, Uncategorized
Read more > 0

What’s More Important, Fire Island’s Beach Replenishment or Mar-a-Lago’s Beach?

          We wrote about the Fire Island beach replenishment on August 6, 2019, “Shame on You Suffolk County: The Attempt to Steal Just Compensation.”  As was then stated, the takings on Fire Island were the result of a federal study which followed Hurricane Sandy.           The study, Inlet Stabilization Fire Island Inlet to Moriches Project Report, US Army Corps of Engineers, June 2014, stated the dune was to protect Fire Island and, in addition, the back-bay area of the South Shore opposite Fire Island.  (Ibid. 1.2.2).  It was established that… read more

Posted in Beach Replenishment, Dune Repair, Fire Island, Uncategorized
Read more > 0

The Saga of the Texas Bullet Train

          The proposed Dallas to Houston bullet train spans a large area in Texas.  The train will be able to transport riders from Houston to Dallas in 90 minutes.  But the project is stalled pending approval of the Federal Railroad Administration and property owners fighting eminent domain.           According to an article in today’s “The Dallas Morning News,” the opposition arises in areas in between the cities.  Certainly, these property owners have nothing to be excited about.           Interesting is the concern voiced by many of their fear that people… read more

Posted in Consequential Damages, Severance Damages, Texas Bullet Train, Uncategorized
Read more > 0