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Archive | Eminent Domain Abuse

January 16, 2014

MO Court of Appeals Blocks Condemnation of Burger King

In a recent case, City of North Kansas City, Missouri v. K.C. Beaton Holding Company, WD76068 and WD76110 (Mo. Court of Appeals, Western District), the Missouri Court of Appeals denied an effort by North Kansas City to condemn a Burger King located at 1911 Armour Road. The City filed a petition to condemn the property on  March 12, 2012 as part of its efforts to redevelop a 57-acre area at the southeast corner of Armour Road and Interstate 29/35. The city argued that it had the power to condemn the property because it was… read more

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Posted in Challenging condemnation, Condemnation Procedures, Eminent Domain Abuse
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December 23, 2013

2014 Crystal Eagle Award

The Owners’ Counsel of America will present the 2014 Crystal Eagle to Coy Koontz, Jr., on January 25, 2014 at ALI-CLE conference in New Orleans, Louisiana. The Crystal Eagle award is given annually to an individual who has made a substantial contribution toward protecting the civil right of private property ownership. Coy Koontz was the lead plaintiff in Koontz v. St. John’s River Water Management District, an extraction case decided by the Supreme Court in June of this year. When the government commands the relinquishment of funds linked to a specifically identifiable property… read more

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Posted in Challenging condemnation, Continuing Legal Education, Eminent Domain, Eminent Domain Abuse
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October 29, 2013

Eminent Domain Abuse: Seattle to Seize a Parking Lot to Create… A Parking Lot

The City of Seattle has decided to use its sovereign power of eminent domain to seize a parking lot owned by 103-year-old Spokane resident Myrtle Woldson. The Seattle City Council voted Monday to take the lot in connection with its waterfront development, to which it has allocated $30 million. Many residents don’t see a “public benefit” in this exercise of power, because the City is simply going to take the privately owned water front parking lot and turn it into a city owned waterfront parking lot. Woldson has repeatedly refused… read more

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Posted in Challenging condemnation, Eminent Domain Abuse
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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

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Posted in Condemnation Procedures, Eminent Domain, Eminent Domain Abuse, Future of the law, New York, Recent cases
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August 8, 2013

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

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