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Here’s what we are reading today, eminent domain with a slightly offbeat theme:

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Continue Reading Eminent Domain Round-Up: Aliens, Exotic Dancers, And Princesses

Hawaii Business magazine has a new report about Honolulu rail. The headline asks, “How Much Will It Cost Us In The End?” 

There are questions of how much over original projections the rail project currently is. Or whether it is really over budget at all. Anywhere from zero (according to HART), to $1 billion. And, of course, whether there is an upper limit on how high the costs could go. Anyone with an interest in rail should read the story.

The only thing we have to add is that in our view (as we wrote here), the only honest answer is “as much as it takes.”

The project is already being built, and they aren’t going to simply stop now that they’ve started to pour concrete. In addition to having commenced construction, the legal machinery of the project is well underway, with properties being acquired and…

Continue Reading Hawaii Business Magazine Asks: “How Much Will Rail Cost Us In the End?” Our Answer: As Much As It Takes

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Here’s a case in which the court ruled there wasn’t a taking, but it could be argued that the property owners won. How so? Because this case pitted the property rights of railroads against the property rights of the owners over whose land the rail lines run.

The U.S. Court of Appeals asked the Louisiana Supreme Court to answer this certified question:

Whether the application of LA. REV. STAT. § 48:394 to any of the properties in this case amounts to an unconstitutional taking of private property without a public purpose, in violation of Article I, Section 4 of the Louisiana Constitution.

In Faulk v. Union Pacific Railroad Co., No. 2014-CQ-1598 (June 30, 2015), the Supreme Court answered no.  

The case arose in 2007 after the railroad planned to close 100-year old private crossings over its tracks, which the property owners asserted disrupted their farming operations and their…

Continue Reading Takings Claim Rejected, But Property Owners Win In Louisiana: Statute Limiting Closing Of Private Railroad Crossing Isn’t A Taking Under State Constitution

Compare these two reports, filed just over a month apart, about California’s “high speed” rail system, now underway in the Central Valley:

And here’s a report on an aging mass transit system, BART (there are lessons here for HART, Honolulu’s fledgling municipal rail transit authority):

Related articles
Iowa: “Liberty Requires Accountability” – Delegation Of Eminent Domain Power Strictly Construed, And Commission With Private Members Could Not Take Property
Pacific Business News Details The Rail’s Impact On Honolulu Property
inversecondemnation.com: Property Owners’ Brief In NC “Map Act” Takings Case: Depressing Acquisition Price Precondemnation Is An Exercise Of The Eminent

Continue Reading Rail, Eminent Domain, And Who’s Going To Pay

The short answer: taxes.

[Update #1: a report from last night’s community meeting, “Railing Against Honolulu’s $6 Billion Rail Project” (“Honolulu Mayor Kirk Caldwell and his top transit official took their licks from a decidedly anti-rail crowd during a boisterous town hall meeting at Washington Middle School on Wednesday.”

Update #2: “A Hawaii Senate committee passes a bill to extend the GET rail surcharge another give years, but makes clear the money should only be used to build the rail line” (4/8/2015, via Civil Beat).]

There’s been a lot of breathless reporting over the past couple of weeks about the skyrocketing cost of the 20-mile, 21-station Honolulu rail project. Cost estimates to build the line from Ewa to Ala Moana Center started off in the range of $3.5 billion, but anyone who was paying attention knew this wasn’t anywhere in the ballpark.

Continue Reading How Are They (I Mean *We*) Going To Pay For Honolulu’s Rail?

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The cover story in Pacific Business News‘ recent edition, “Honolulu rail transit’s eminent domain” is worth reading. Most importantly, the PBN staff created maps which show how much property is targeted for acquisition, and where it is located, precisely. Yes, the full story is behind a partial paywall, but as we said last week, if you are in Honolulu you really should be a PBN subscriber. Plus, there are a few quotes from our side in the piece:

  • “’Eminent domain cases are rare in Hawaii,’” Thomas said. ‘Hardly anyone has a living memory — not the landowners, judges, lawyers or even the government officials — they can draw from when there are this many takings.'”
  • “However, this could hurt property owners who choose to sell later, as they’ll have to disclose the illegal status of their building. Future owners may be confronted with the cost of

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Continue Reading Pacific Business News Details The Rail’s Impact On Honolulu Property

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We can’t reproduce the entire interview, and the link to the online version is behind a partial paywall, but here are the highlights of a recent interview, where A. Kam Napier, the Editor-in- Chief of Pacific Business News, came by and chatted with us about eminent domain, property rights, and the Honolulu rail project.  

  • “Robert H. Thomas thinks it’s no accident that the Fifth Amendment in the Bill of Rights protects not only the right to due process for people accused of a crime but also the same rights for people who own property the government would like to take. The right of the people to be secure in their private property was that essential to the Founders.
  • “’The Kelo decision was a direct result of the Midkiff decision, where essentially any public purpose that the government advances is going to be enough [to take the

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Continue Reading Pacific Business News Report On Eminent Domain And The Honolulu Rail

Railcoming

If you didn’t have a chance to attend last week’s community meeting on the Honolulu rail project and property rights at Farrington High School, we’ve posted the audio clips, which include the big picture, the current status, and a series of frequently asked questions.

  • FAQ’s and background (including “The Numbers: How Much Land, How Much Money, How Much Time?,” “Key Terms in Eminent Domain,” “The ‘Dear Owner’ Letter,” “Appraisals From an Eminent Domain Perspective,” “Business Losses, Lost Profits, and Business Interruptions,” “Relocation Benefits,” and more)
  • KITV video report
Related articles
Tommorrow’s Public Rail Project Forum: Eminent Domain, Just Compensation, And Protecting Property Rights
Property Owners Invited: Honolulu Rail Project Public Informational Meeting, Thursday, March 5, 2015, Farrington High School
Video: Report On Community Meeting On Property Rights And The Honolulu Rail
hawaiioceanlaw.com: Knowing Your Rights: Honolulu Rail Project and Right of Way Acquisitions

Continue Reading Honolulu Rail FAQ’s (And Answers) From Last Week’s Community Meeting

As reported yesterday by Pacific Business News (“HART acquired 34 properties for $70M along Honolulu rail transit route, new report says“), “[t]he Honolulu Authority for Rapid Transportation has acquired 34 properties totaling about $70.2 million thus far along the 20-mile rail transit route, including the recent purchase of a former sports bar property near Ala Moana Center for about $1.35 million.” 

In other words, it’s begun. 

In response to the many questions we’ve received from property owners, businesses. and homeowners whose rights may be at stake in the rail takings, we’ve organized a public forum to provide information about the project, Hawaii’s eminent domain process, and  how to protect the rights of people whose property or businesses are subject to acquisition. 

Details:

More information here…

Continue Reading Tommorrow’s Public Rail Project Forum: Eminent Domain, Just Compensation, And Protecting Property Rights

The State of New York wants to build the Bronx River Greenway, a “23-mile-long ribbon of green with a multi-use path that will extend along the full length of the river in Westchester County and the Bronx.” Who could argue with that?

Amtrak, that’s who. After failing to acquire 6 parcels along the river owned by the “private corporation created by the Rail Passenger Service Act of 1970, 49 U.S.C. § 24101,” in 2008, the state filed notices of appropriation and maps with the county clerk, and title to the land vested in the state. They kept trying to work things out, apparently, but to no avail and in 2012, Amtrak sued in federal court, arguing that the takings were invalid under the Supremacy Clause because they were expressly or impliedly preempted by federal law.

In National Railroad Passenger Corp. v. McDonald, No. 13-4161-cv (Feb. 24, 2015), the Second Circuit…

Continue Reading 2d Cir: Amtrak SOL On Claim Its Property Immune From NY’s Eminent Domain Power