Re: Anything is for sale at the right price
Author: mook
Date: 08-28-2015 - 12:19

Condemnation requires payment by the govt agency of "fair market value." That of course is always subject to argument, and if it isn't otherwise settled a judge will eventually decide whose estimate of the value is right. UP is certainly not a novice at this kind of thing.

The other consideration in condemnation is that it has to be for a "public purpose." The Supreme Court took a broad view of that in the Kelo case, but many states passed laws both before and after that require a narrower one. So I'm not sure if condemnation of land for building Olympic athlete housing, and sale or rent on the open market afterward, would be considered a "public purpose" adequate to justify the taking. If it were to be used for public housing afterward, with ownership transferred to a suitable public agency, it might be easier to justify (and harder to approve given EIR and public involvement requirements for that). OTOH, there was a statutory total CEQA exemption for the previous LA Olympics; how hard would it be to add a new round to that?

Basic "taking" rules are in the U.S. Constitution. Government absolutely can take private property for public use, but has to pay for it.



Subject Written By Date/Time (PST)
  LA 2024 Olympics relocating UP railroad operations $1-billion +  Bob 08-27-2015 - 21:14
  Re: LA 2024 Olympics relocating UP railroad operations $1-billion +  Tony Cz 08-27-2015 - 23:08
  Anything is for sale at the right price Taxpayer 08-28-2015 - 07:55
  Re: Anything is for sale at the right price mook 08-28-2015 - 08:24
  Re: Anything is for sale at the right price Gov't way 08-28-2015 - 10:39
  Re: Anything is for sale at the right price UP Rail Guy 08-28-2015 - 10:58
  Re: Anything is for sale at the right price Taxpayer 08-28-2015 - 11:38
  Re: Anything is for sale at the right price JJ 08-28-2015 - 13:45
  Re: Anything is for sale at the right price Mike Swanson 08-28-2015 - 13:53
  Re: Anything is for sale at the right price clipper841 08-28-2015 - 19:14
  Re: Anything is for sale at the right price Erik H. 08-30-2015 - 09:02
  Re: Anything is for sale at the right price mook 08-28-2015 - 12:19
  Re: Anything is for sale at the right price Mitch 08-28-2015 - 14:18
  Re: Anything is for sale at the right price Fred 08-28-2015 - 21:45


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