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Thread: Homeowners can't buy back houses taken for abandoned/delayed highway project.

  1. #1
    Cyburbian Plus JNA's avatar
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    Homeowners can't buy back houses taken for abandoned/delayed highway project.

    Article from the NY Times originally:
    http://www.zwire.com/site/news.cfm?n...d=161556&rfi=6

    Second Headline:
    If a development project fails, is eminent domain reversible?

    Project examples are in Connecticut.

    Highlights:
    "Let's say they have good-faith plans to build a highway and condemn all the houses and then change their mind," he said. "There is no constitutional requirement that they must turn around and sell the land back. It's very unusual for the government to sell the property back to the original owners."

    But some lawmakers want to limit condemnation powers to avoid debacles like those that have occurred. Other states are considering laws that would make the government sell property back to people whose houses were purchased through eminent domain if the projects are not started, said Dana Berliner, a lawyer at the Institute for Justice, the Washington law firm that represented the homeowners in the New London case. Maine has already passed such a law, she said.

    Mr. Newton, the state senator, said that developers should face penalties when they do not come through with their projects, possibly paying a fine.

    Ms. Dillon, the state representative, said the state might need to make the entire eminent domain process more difficult. And, she added, a developer who removes affordable housing should be required to replace it.


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    Last edited by NHPlanner; 22 Aug 2005 at 1:45 PM.
    Oddball
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    Why don't you say something righteous and hopeful for a change?
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    No. Just some parts wake up faster than others.
    Broke parts take a little longer, though.
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  2. #2
    Cyburbian
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    Quote Originally posted by JNA
    Headline and Article in the NY Times:
    http://www.nytimes.com/2005/08/14/ny...4ctdomain.html

    Second Headline:
    If a development project fails, is eminent domain reversible?

    Project examples are in Connecticut.

    Highlights:
    "Let's say they have good-faith plans to build a highway and condemn all the houses and then change their mind," he said. "There is no constitutional requirement that they must turn around and sell the land back. It's very unusual for the government to sell the property back to the original owners."

    But some lawmakers want to limit condemnation powers to avoid debacles like those that have occurred. Other states are considering laws that would make the government sell property back to people whose houses were purchased through eminent domain if the projects are not started, said Dana Berliner, a lawyer at the Institute for Justice, the Washington law firm that represented the homeowners in the New London case. Maine has already passed such a law, she said.

    Mr. Newton, the state senator, said that developers should face penalties when they do not come through with their projects, possibly paying a fine.

    Ms. Dillon, the state representative, said the state might need to make the entire eminent domain process more difficult. And, she added, a developer who removes affordable housing should be required to replace it.
    Don"t you know? Local officials get to claim this as a success for their annual report year after year. This will be under "land banking" section of past and future comprehensive plans. The BS is rolling so bad they need a 8"sanitary line to carry it away.

  3. #3

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    Read some of the archived stories over at The New Colonist. The City of Pittsburgh basically sat on property for, if I remember, a decade, effectively killing a neighborhood business district. Heck, the local government doesn't even have to condemn and purchase the property-the threat alone can be devastating.

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