Monthly Archives: August 2008

DETROIT, MI — The Detroit News published a story recently regarding a Michigan Court of Appeals decision in favor of a private landowner. The appellate decision upheld in part a lower court ruling that the Detroit International Bridge Company did not have the right to condemn private property for access improvements. The three-judge panel ruled that MDOT did not intend to transfer its power of eminent domain to the private company via its agreement with the bridge company. Both courts ruled that only the government may utilize condemnation.

TRENTON, NJ (August 7, 2008) — A three judge panel of the New Jersey Appellate Division entered an opinion in favor of Long Branch homeowners reversing a previous decision in the Superior Court and remanding the matter back to the lower court for rehearing.

CLEARVILLE, PA — The Altoona Mirror, posted an article August 1 detailing a plight of local landowners against a gas storage company from Texas, Spectra Energy. In a written plea, the landowners appealed to the Federal Energy Regulatory Commission (FERC) to ask Spectra to hold off on taking their properties by eminent domain. The letter also requested FERC to provide the owners with any information that might be helpful to them in negotiating with Spectra. Spectra has already begun work on its proposed natural gas storage and pipeline project after receiving FERC approval last month.

Since 2000, Nashville’s Metropolitan Development and Housing Agency has unsuccessfully attempted to negotiate the purchase of property owned by Joy Ford at 23 Music Circle East, Nashville. Because Ford has refused to sell to MDHA, the Authority has indicated that it will use eminent domain to seize her property. However, Ford has gained a new ally in the National Federation of Independent Businesses. NFIB announced last week that it will defend Ford “every step of the way” against MDHA.