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Thread: What happens after eminent domain when....

  1. #1
    Cyburbian imaplanner's avatar
    May 2004

    What happens after eminent domain when....

    What happens after eminent domain when the project falls through and the reason behind the eminent domain taking of someones land is no longer needed?


    Originally the City was going to sell the property to the highest bidder- which seems unfair but I'm not sure how it would be illegal. Even so- by selling it at a profit back to the oriiginal owner it seems highly unfair.

    I could not find much (read nonthing) in the way of case law on this subject - but it seems just wrong that if the purpose through which eminent domain was used goes the City can still profit on the property.

    I suspect that it is completely legal- but it's very nasty.

  2. #2
    Nov 2004
    Brooklyn, NY

    interesting issue

    This is an interesting issue and it's something I've thought about before...From what I've heard the project in New London that was the issue for the Kelo V. New London case is not moving forward, so the homeowners are in limbo waiting if that project will proceed.


  3. #3
    Cyburbian mike gurnee's avatar
    Feb 1998
    Greensburg, Kansas
    The original proposal should have had a redevelopment plan for the area, following the specific state statutes. If the project falls through, the plan should be amended to specifiy the redevelopment. The individual states may have case law or an Attorney General opinion on the matter. Or the redevelopment plan may have only addressed clearance of "blighted" properties and lot assembly for redevelopment without mention of a specific developer.

    Slightly OT: there was a Kansas case for expansion of infrastructure where a benefit district was forced on area property owners. The project fell through. The court ordered the property owners to pay for all the preliminary engineering costs...even though they received no benefit.

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