“If you just have a parcel of land or a small business or a farm and all of a sudden the government comes in and you are subject to condemnation you are looking at putting out hundreds of thousands of dollars, if not millions, in legal costs that you will not be reimbursed for,” Pierce said.
Cornell lawprof Robert Hockett, the guy who by all accounts thought up of the idea of using eminent domain to take “blighted” underwater, but mostly performing mortgages, was interviewed on “Air Occupy” about the scheme yesterday.
Richmond’s problem isn’t simply – or even primarily – that so many homeowners are underwater.
Richmond’s problem is that it has high unemployment, stagnant incomes, high poverty, high housing vacancy rates and a large share of homeowners with a crushing mortgage burden.
A property owner who is left with a substantially diminished parcel of unencumbered property has a right to contest a condemnation that does not acknowledge an uneconomic remnant.
via No. 09-0327.
Dennis Begalke owns two rental properties along First Avenue that border the site county officials have designated for a new jail. Begalke owns just enough land there to allow him to file a protest petition objecting to the project
via Leader Telegram: News
The city is not trying to deliberately shortchange the landlords, said Alderman Tim Bruer, who represents the Burr Oaks neighborhood and is a CDA member.
via The Daily Reporter.
The majority opinion was scathing in its appraisal of how the “scheme was hatched,” using terms like “sophistry” and “idiocy” in describing how the state went about declaring the neighborhood blighted, the main prerequisite for eminent domain.
WASHINGTON — If you are the owner of beachfront property and the state comes along and widens the beach, do you own the new land or does the state?
“You could have televised spring-break parties in front of somebody’s house,” said Justice Samuel A. Alito Jr., arguing that property values were not the only thing at stake in a case the Supreme Court heard Wednesday.In an argument studded with references to spring break, amusement parks and hot dog vendors, the Supreme Court on Wednesday struggled with that issue.
[HT: Attorney Tristan Pettit]