Jurors in Connecticut are demonstrating a new sensitivity to land issues.
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Jurors in Connecticut are demonstrating a new sensitivity to land issues.
View full post on NYT > Eminent Domain
The House sought Tuesday to undercut a 2005 Supreme Court ruling that gives state and local governments eminent domain authority to seize private property for economic development projects.
View full post on NYT > Eminent Domain
A Canadian company has drawn criticism for threatening to take property from landowners in the United States for a pipeline that has not been approved.
View full post on NYT > Eminent Domain
Under Relocation Guidelines featured on my site by state, business owners who must relocate due to eminent domain can choose to receive benefits from the government agency one of two ways.
1) Lump Sum Payment – up to $40,000 based on income
2) Actual Cost Relocation – based on actual eligible costs, some of which are capped.
Lump Sum Payment
Business owners can receive a lump sum or a fixed payment of up to $40,000 and call it a day. The business owner will move themselves and no other claims can be submitted to the agency for reimbursement.
So if it costs the business owner $300,000 to relocate machinery, office equipment, parts, furniture for example, along with setting up of computers, telephones, heating and air conditioning, the business owner will pay-out-of-pocket for anything over and above the $40,000 amount.
In this example this amount would be $260,000.
In a cash-strapped economy, any out-of-pocket expenses could make or break a business.
Actual Cost Relocation
The following expenses can be reimbursed to the business owner based on the individual and actual costs of the move.
Moving (no maximum amount with one exception):
1. Transportation of Personal Property
2. Packing, crating, unpacking, uncrating of Personal Property
3. Disconnecting, dismantling, removing, reassembling, and reinstalling equipment, machinery, and other personal property
4. Storage of personal property up to 12 months
5. Insurance for the replacement value of personal property during the move and necessary storage
6. Any license, permit, or certification required at the replacement site, which the business had at the displacement location
7. Replacement value of property lost, stolen, or damaged during the move
8. Professional services for planning, moving, and reinstalling the personal property
9. Re-lettering signs and replacing printed materials made obsolete by the move
10. Actual direct loss of tangible personal property
11. Reasonable cost incurred trying to sell and item that is not to be relocated
12. Purchase of substitute personal property.
13. Searching for a replacement location (Maximum $2,500)
14. Costs to secure professional move bids
15. Low Value/High Bulk
16. Disposal of personal property and hazardous materials
If a business owner does not opt for the lump sum payment and chooses to be reimbursed via actual costs, there are a few expenses which are capped. My next blog will explain and list these items.
If your company has to move due to eminent domain, which option would you choose? Contact Martyn Daniel, Eminent Domain and Business Relocation Consultant to help you answer that question.
Senator Bill Perkins holds Community Meeting of Eminent Domain Actions.
3/12/08 news clips from KTTV-11 10pm news and KCOP-13 11pm news.
Trump’s Casino Reinvestment Development Authority v. Coking The Abuse of Eminent Domain in Atlantic City
On Thursday, October 15, 2009, NYS Senator Velmanette Montgomery stood before the NYS Court of Appeals along with constituents from Brooklyn for their landmark challenge to the ESDC’s abuse of eminent domain. The Court of Appeals, the highest court in the state, is being asked to rule on the legality of seizing private homes to benefit a private development, in this case, the controversial Atlantic Yards proposal. Senator Montgomery said, “We have a situation where the State of NY is participating in actually abusing the law of eminent domain…This really is the worst possible example of how government can interfere in the quality of life of the people in our State. But today we hope, and we anticipate that the Court will rule on the side of the people of the State of New York. “
Pompano Beach city financed Crackhouse that used to be known as The World Of Jimmy Star Grand Castle Showrooms and Entertainment Complex..Factual information in the eminent domain case The City Of Pompano Beach Redevelopment Agency VS Gil Eriksen Properties….citing all the illegal actions and corruption in City of Pompano Beach government, specifically the CRA and Pompano Beach City Commission….forcing the closure of The World of Jimmy Star Grand Castle Showrooms and Entertainment Complex in December 2006
Part two of a short which documents the suffering of several property owners who were the victims of local governmental abuse. There is so much more to the story than what is told here. Problem is, the details are somewhat boorish. Try to walk in these folks’ shoes and think how yOu would feel if big business power was unleashed on yOur family.