In the landmark case of Kehlo v. New London, 545 U.S. 469 (2005), the Supreme Court of the United States ruled that governments could take land from citizen landowners so that private entities (in this case the pharmaceutical giant Pfizer) could develop on the taken land. Before this ruling, the power of eminent domain was generally believed to be restricted to takings for public uses such as roadways or utility easements. In a reversal of these general beliefs, the Supreme Court held that the takings clause of the Fifth Amendment to the Constitution allowed private land to be taken for development where the community enjoyed a general economic benefit. In explaining this ruling the Court stated that redevelopment plans that created a general economic benefit could be considered a permissible “public use” under the constitution.

This decision was very controversial. Here the Supreme Court was essentially allowing a for profit corporation to take property from private citizens! To this date it still boggles my mind that this could have happened in the United States. It’s bad enough when the state or local governments want to build a highway through your backyard but to allow Pfizer to do the same? The good news is that in reaction to this decision 43 states (including Indiana and Ohio)passed legislation to severely limit the powers granted to private entities under this ruling.

In an interesting twist on the original Kehlo decision, Pfizer has has decided to close its facility on the land that was once taken from landowners. In essence this means that the “economic benefits” initially cited by the Supreme Court will be either severely limited or dissipate altogether.

A discussion by a variety of experts on this occurrence and its general effects can be found here:

To my eyes it proves the foolishness of the original decision. To tie the immense power of eminent domain to nebulous future “economic benefits” is wrongheaded. Of course businesses fail. They fail all of the time. Just because a plan for “prosperity” is written doesn’t always make it true. It seems to me that you should have something more substantial than a good PowerPoint presentation talking about “economic benefits” before you are allowed to take a landowners property. If you feel you are a victim of a local or state government taking your land for a large business development plan, contact one of our Indiana Eminent Domain lawyers today.

Phil

Author Phil Sever
Posted in Eminent Domain & Condemnation
Tags eminent domain, kehlo, take my land

Although several years old, this report does a thorough job of exposing some of the abuses that landowners suffer when the eminent domain and condemnation process is abused.

Here is the link:

http://www.cbsnews.com/stories/2003/09/26/60minutes/main575343.shtml

Author Phil Sever
Posted in Eminent Domain & Condemnation

Website Summary

Innerbelt Development

Cleveland, Ohio

COUNTY:  Cuyahoga County, Ohio

CITY:  Cleveland

ACQUIRING AUTHORITY:  Ohio Department of Transportation

PARAMETERS:

The Cleveland Innerbelt Modernization Plan is focused on improving safety, reducing congestion and traffic delays, and modernizing interstate travel along I-71, I-77 and I-90 through Downtown Cleveland.  This investment by the State of Ohio is designed to rehabilitate and reconstruct the Innerbelt Freeway system and address operational, design, safety and access shortcomings that severely impact the ability of the Innerbelt Freeway system to meet the 21st Century transportation needs of Northeast Ohio.

SCHDULE:

March 2009  Draft Environmental Impact Statement

April 2009  Public Hearing

July 2009  Final Environmental Impact Statement

August 2009  Record of Decision

2009-2010  Right of Way Aquisiti0n for New Westbound Bridge

Winter 2010 Requests for Design-Build Proposals for new Westbound Bridge

Summer 2010 Notice of Proceeds for Design-Build Contract for new Westbound Bridge

2010 through 2013  Design and Construction of new Westbound Bridge

For More information about this acquistion call:

Phil Sever, Esq.

Sever Storey, LLP

1-888-318-3761

Author Phil
Posted in Eminent Domain & Condemnation

Website Summary

Margaret Ave., Terre Haute, Indiana

County:   Vigo

City:  Terre Haute

Acquiring Authority:  INDOT

Parameters:

Reconstruct Margaret Avenue between State Road 63 and State Road 46 including realinging the road between Fruitridge Avenue and State road 63.

Schedule:  The City of Terre Haue is currently working on several phases of the corridor.  On the west end, the 3rd to 7th Street section is close to a letting (April 2010).  Right of way acquisition is nearly complete.  On the east side the new alignment section has already been laid out and a section fo that is scheduled for constuction next year as well.  the next phase would be 7th to Canal road and is currenlty in design.  The City of Terre Haute is working on obtaining funds for construction of this phase but it is not anticipated to bid until 2012 with land acquisition occuring late next year and into 2011.  As far as public meetings are concerned, there are none planned at this time but that is a possiblity in the future once the City proceeds with the rest of the phase.

For More information about this acquistion call:

Phil Sever, Esq.

Sever Storey, LLP

1-888-318-3761

Author Phil Sever
Posted in Eminent Domain & Condemnation

RIVER BRIDGES

Web Site Summary

The Ohio River Bridges project will add two new bridges connecting Jefferson County, KY and Clark County, IN. It is comprised of a new downtown bridge just east of the Kennedy Bridge (I-65); an east end bridge about eight miles from downtown connecting the Gene Snyder Freeway (KY 841) to the Lee Hamilton Highway (IN 265); and a rebuild of the Kennedy Interchange where I-64, I-65 and I-71 converge in downtown Louisville.

The footprint of the Ohio River Bridges Project crosses nearly 300 privately or commercially owned pieces of land. In some cases only part of a property will be acquired, in others the entire property will be taken. Not all land will be purchased before construction begins because construction will occur in phases. INDOT and KYDOT have started acquiring property for Hardship and Advanced Acquisition purposes in the Louisville, KY, Prospect, KY and Utica, IN areas. Hardship acquisitions occur for persons who can cite health, financial or safety reasons as a need for acquisition and can prove that they cannot otherwise sell their properties. Advanced acquisitions are initiated to prevent developments, which cause significant increase to the project costs. There will also be a large amount of property acquired in the Jeffersonville, IN area once design for this section has been completed in late 2009. Non-Hardship and Advanced Acquisition takings will begin in mid-2009.

For More information about this acquistion call:

Phil Sever, Esq.

Sever Storey, LLP

1-888-318-3761

Author Phil Sever
Posted in Eminent Domain & Condemnation

WEBSITE SUMMARY

SR 641

This project involves construction of a new Terre Haute Bypass on SR 641. Phases III and IV will be advancing through construction. Phase III involves a new roadway from Feroe Road to Riley Road with a new interchange in Riley Road. Phase IV involves a new roadway from the new Riley Road interchange to I-70 with a new interchange at I-70.

Design is currently underway and the right of way acquisition process began in April 2009 with Surveying. Right of way acquisition will continue through 2011 with construction beginning in December of 2011.

For More information about this acquistion call:

Phil Sever, Esq.

Sever Storey, LLP

1-888-318-3761

Author Phil Sever
Posted in Eminent Domain & Condemnation

WEBSITE SUMMARY

I-465/I-69

The goal of the 465/69 Northeast project is to improve safety and increase mobility on I-465 and I-69 in northeastern Marion County. The added travel lanes and interchange improvement project includes eight miles of I-465, from just east of the US 31 interchange to just north of Fall Creek Road, as well as more than two miles of I-69, crossing over 82nd Street and ending just south of the 96th Street interchange.

Design is currently underway and the right of way acquisition process has begun. Right of way acquisition and construction will occur in phases through 2015:

Phase 1:

Adding travel lanes on I-465 from just east of US 31 to just east of Keystone Avenue. During this phase, the bridges at College Avenue and Westfield Boulevard and the Keystone Avenue interchange will be reconstructed.

Phase 2:

Continuing east, travel lanes will be added to I-465 from just east of Keystone Avenue to just east of 82nd Street. This phase includes the Allisonville Road interchange, as well as bridges at North River Road, East 82nd Street and the White River. Also included in this phase is the area south of 75th Street to just north of Fall Creek Road, including the bridges over east 71st and 75th streets.

Phase 3:

This phase includes the reconstruction of the interchange at I-465, I-69 and Binford Boulevard.

Phase 4:

Travel lanes will be added on I-69 from just north of the I-465 interchange to the Marion County line, just south of 96th Street.

For More information about this acquistion call:

Phil Sever, Esq.

Sever Storey, LLP

1-888-318-3761

Author Phil Sever
Posted in Eminent Domain & Condemnation

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Author Phil Sever
Posted in Eminent Domain & Condemnation