Our friend and colleague Alan Ackerman posted a note on his blog about a recent District Court ruling from the Western District of Virginia which upheld the power of a potential condemnor to enter property for the purposes of survey, without formally taking the property. See “Virginia Federal Judge Follows What May Be the
Eminent Domain Round-Up: Aliens, Exotic Dancers, And Princesses
Here’s what we are reading today, eminent domain with a slightly offbeat theme:
- From our New Jersey colleague Tony Della Pelle: “Nevada’s ‘Area 51’ Neighbors Facing Eminent Domain.” The truth is out there, Tony.
- More on the story: “Family Rejects Air Force’s $5.2 Million Bid for Land Near Area 51.”
Hawaii Business Magazine Asks: “How Much Will Rail Cost Us In the End?” Our Answer: As Much As It Takes
Hawaii Business magazine has a new report about Honolulu rail. The headline asks, “How Much Will It Cost Us In The End?”
There are questions of how much over original projections the rail project currently is. Or whether it is really over budget at all. Anywhere from zero (according to HART), to $1
Takings Claim Rejected, But Property Owners Win In Louisiana: Statute Limiting Closing Of Private Railroad Crossing Isn’t A Taking Under State Constitution
Here’s a case in which the court ruled there wasn’t a taking, but it could be argued that the property owners won. How so? Because this case pitted the property rights of railroads against the property rights of the owners over whose land the rail lines run.
The U.S. Court of Appeals asked the Louisiana Supreme
Rail, Eminent Domain, And Who’s Going To Pay
Compare these two reports, filed just over a month apart, about California’s “high speed” rail system, now underway in the Central Valley:
- Bullet train no bonanza for Valley eminent domain attorneys (The Business Journal, March 19, 2015)
- High-speed rail escalates eminent domain legal battles for land (Fresno Bee, April 20, 2015)
How Are They (I Mean *We*) Going To Pay For Honolulu’s Rail?
The short answer: taxes.
[Update #1: a report from last night’s community meeting, “Railing Against Honolulu’s $6 Billion Rail Project” (“Honolulu Mayor Kirk Caldwell and his top transit official took their licks from a decidedly anti-rail crowd during a boisterous town hall meeting at Washington Middle School on Wednesday.”
Update #2: “
Pacific Business News Details The Rail’s Impact On Honolulu Property
The cover story in Pacific Business News‘ recent edition, “Honolulu rail transit’s eminent domain” is worth reading. Most importantly, the PBN staff created maps which show how much property is targeted for acquisition, and where it is located, precisely. Yes, the full story is behind a partial paywall, but as we said
Pacific Business News Report On Eminent Domain And The Honolulu Rail
We can’t reproduce the entire interview, and the link to the online version is behind a partial paywall, but here are the highlights of a recent interview, where A. Kam Napier, the Editor-in- Chief of Pacific Business News, came by and chatted with us about eminent domain, property rights, and the Honolulu rail
Honolulu Rail FAQ’s (And Answers) From Last Week’s Community Meeting
If you didn’t have a chance to attend last week’s community meeting on the Honolulu rail project and property rights at Farrington High School, we’ve posted the audio clips, which include the big picture, the current status, and a series of frequently asked questions.
- FAQ’s and background (including “The Numbers: How Much Land, How Much
Tommorrow’s Public Rail Project Forum: Eminent Domain, Just Compensation, And Protecting Property Rights
As reported yesterday by Pacific Business News (“HART acquired 34 properties for $70M along Honolulu rail transit route, new report says“), “[t]he Honolulu Authority for Rapid Transportation has acquired 34 properties totaling about $70.2 million thus far along the 20-mile rail transit route, including the recent purchase of a former sports bar property