Sixth-Generation Farm, Among Others, to be Subject to the Power of Eminent Domain

Read below about an article posted on the Channel 8 local ABC website which speaks of a sixth-generation farm and others that will soon be subject to eminent domain authority due to a high-speed railway project approved by the federal government and visit blynchlaw.com to learn of a law firm that solely assists property owner in recovering damages created by a project like this.

The Federal Railroad Administration gave approval for the project to move forward, which is slated to begin construction next year. However, land owners have banded together to oppose the project, forming an opposition group called Texans Against High-Speed Rail to lobby and stop the creation of the bullet train. The bullet train that will cut through tracts of farmland, which decreases the value of the land and also presents other issues to the property owners, who also fear that it will lead to more takings down the road. 

Texas Central Railroad has yet to exercise its power over eminent domain and has already acquired 600 parcels. 

Read more about the property owners' concerns and their plight at https://www.wfaa.com/article/news/local/140-year-old-north-texas-farm-threatened-by-bullet-trains-latest-federal-approval/287-51ba0a65-b7ed-41a5-a0c4-31b43cf3d93d and visit blynchlaw.com to learn about a law firm that is on the property owners' side.

A Rare Example of the Beneficial Power of Eminent Domain

Usually the government surreptitiously works with developers to acquire private land through the use of eminent domain. In this case, however, the developer was the one who had its land taken for the good of the public. Read the article below and visit www.blynchlaw.com to learn about the many aspects of eminent domain. 

As discussed in the Kinston article, North Carolina native Danny Bernstein is an avid hiker-turned-author. She discovered there was very little written about the 12,000 acres of DuPont State Recreational Forest, which came to be through DuPont Corporation. Through her investigative journey, she discovered that in 1997 a portion of it almost became "a playground for the rich," when DuPont sold its silicon plant along with three of the forest's most prominent waterfalls to Sterling Diagnostics, a clinical lab production company, who later sold a portion of the land to a film manufacturer and another portion, which included the waterfalls, to a private developer. 

Though the private developer planned luxurious vacation residences, there was an enormous amount of public backlash. The letter campaigns and lobbying efforts led by conservation groups had a large effect and ultimately succeeded in preventing the development, as the state acquired the property through eminent domain in 2000.

Though governmental bodies are able to take private property through the power of eminent domain, but not developers, they oftentimes work in conjunction with developers or later sell the land to developers at a profit. Read the full, atypical story at https://www.kinston.com/subscriber/20200907/local-authorrsquos-latest-book-tells-history-of-dupont-forest. 

Nevada developer files an inverse condemnation lawsuit against the state

Read below about an unconstitutional taking by the state of Nevada, and then visit blynchlaw.com to learn more about a law firm that protects many facets of property owners’ rights, even in the rare cases of inverse condemnation. 

According to an article in The Nevada Independent, the developer Coyote Springs faces another setback in a “decades-long” struggle to develop a planned community 50 miles north of Las Vegas in Clark County. The issue stems from “over-appropriated” water rights, disabling Coyote Springs to use the property as planned, and the state’s hand in changing “the rules of the game,” prompting Coyote Springs to file the complaint. This is the second litigation filed by the developer against the state in the past two years. 

Read more in the September 1, 2020 article linked below titled, “Coyote Springs developer sues state for ‘unconstitutional taking’ of water rights.”  

https://thenevadaindependent.com/article/coyote-springs-developer-sues-state-for-unconstitutional-taking-of-water-rights.