Blog Posts - Eminent Domain & Condemnation News
The City of Sullivan is seeking consulting services for Land/Easement Acquisition services for parcels in the Runway Protection Zone around the Sullivan Regional Airport. The City is getting ready to acquire property and/or easements, surrounding the airport as part of its FAA-backed Airport Improvement Plan that makes funds available for…
Continue ReadingThe Arnold Parkway is a $75 million project that will construct a nearly 2-mile road network from Richardson Road north through Arnold Crossroads to Highway 141. Arnold Parkway will start at Highway 141 near I-55 and connect to Michigan Avenue to the south. The road will run parallel to I-55…
Continue ReadingDenlow & Henry is pleased to announce that our Associate Attorney, Bethany L. Meuret was accepted as an Affiliate Member of Owners’ Counsel of Americaat its Annual Meeting in New Orleans, Louisiana on February 3, 2024. She has enthusiastically and energetically embraced Denlow & Henry’s mission to represent landowners facing…
Continue ReadingPaul Henry to speak at the 2024 ALI-CLE Eminent Domain & Land Valuation Litigation Conference in New Orleans. This program has run for over 40 years brining leading land use and eminent domain lawyers together to examine current trends in the these important legal areas.
Continue ReadingThe City of Union is looking for more help from the Missouri Department of Transportation on dealing with Highway 47 project. The city of Union is currently working with Franklin County, and MoDOT’s planned improvements of a 12.7-mile stretch of Highway 47 from Washington, south through Union, to St. Clair….
Continue ReadingOn January 12, 2024, Paul Henry will speak on the topic “Constitutional Considerations: Market Value Multipliers For Just Compensation in Eminent Domain Litigation” at the Northwest Landowners Association Conference on Constitutional Rights in Bismarck, North Dakota.
Continue ReadingTwo northside neighborhoods near the new National Geospatial-Intelligence Agency facility have proposed a plan that would guide development there, in hopes of blocking the use of eminent domain against residents. Neighbors in St. Louis Place and Jeff Vanderlou are asking City Hall to approve a plan that will allow existing…
Continue ReadingThe old Famous Barr Building in Downtown St. Louis, known as the Railway Exchange, is a historic landmark that has been sitting vacant for years. It has been boarded up, broken into, the subject of two fires, and vandalism. The owners are behind in rent and not doing anything to…
Continue ReadingOn October 23, 2023, the Missouri Public Service Commission (PSC) approved Invenergy’s request to expand its proposed Grain Belt Express Transmission line with an extension to run from Monroe County down to Callaway County. It will also pass through Audrain County. The extension will be an A/C line with the…
Continue ReadingJackson County tried to do an end-run around the Rails-to-Trails Act and ends up with nothing in return for millions of dollars. The ruling here is not something new. It is based on long-standing legal principals that protect land owners. If a railroad stops using its right of way, pulls…
Continue Reading“JEFFERSON CITY — Missouri utility regulators on Wednesday unanimously approved Chicago-based Invenergy’s acquisition of the Grain Belt Express transmission line. The Missouri Public Service Commission’s decision to approve the sale was a necessary step for Invenergy to buy the rights to construct the proposed line, which will carry electric power…
Continue ReadingAfter twice rejecting a 780-mile transmission project to move wind energy from Kansas to the eastern United States, Missouri regulators are signaling they’re ready to approve the $2.5 billion project. The Missouri Public Service Commission hasn’t formally voted on the Grain Belt Express line, but during a discussion yesterday and…
Continue ReadingSome communities in Illinois are pursuing a controversial strategy of using eminent domain for economic development purposes, but some business owners are pushing back. Source: Some Illinois cities eye eminent domain to boost revenue
Continue ReadingThis project will widen the existing narrow road and provide three traffic lanes with curb and gutter, underground storm sewers and separated pedestrian facilities including sidewalks and a multi-use path. In addition, storm sewers will be constructed. A roundabout is proposed at the existing ninety-degree bend. Additional right of way…
Continue ReadingSource: Virgin Hyperloop One says St. Louis-KC high-speed connection would be a bargain at $10 billion — or less — Business — postbulletin.com A high-speed pneumatic tube transportation line that would whisk travelers across the 250-mile expanse between St. Louis and Kansas City in a half hour is feasible, its…
Continue ReadingPublic Service Commission maintains it was correct in denying permits to wind energy company The company behind a controversial wind energy project slated to go through Monroe and Ralls Counties will have its day in court this week — and possibly have its final chance to get necessary permits to…
Continue ReadingAmeren Transmission Co. of Illinois has dropped its lawsuits against five counties that initially stood in the way of its Mark Twain Transmission Project. Source: Ameren Transmission drops lawsuits over original route for NEMO transmission line
Continue ReadingIn the wake of one more rejection this morning from the Missouri Public Service Commission, the company trying to develop a high-voltage transmission line known as the “Grain Belt Express” to ferry new wind energy from the Midwest to the eastern U.S. has a new tool in its kit: former…
Continue ReadingPublic comment is being sought on the proposed new route for the 100-mile Mark Twain Transmission Project across five counties in Northeast Missouri. Source: Public input sought on new route for Mark Twain Transmission Project
Continue ReadingThe fight over the Mark Twain Transmission Project will go all the way to the Missouri Supreme Court, if Ameren has its way.Online court records show the company asked on Wednesday to have its appeal heard before the state’s highest court. The utility was Source: Ameren asks to send Mark…
Continue ReadingAmeren Transmission Company of Illinois (ATX I) has filed five different lawsuits against counties in Northeast Missouri which have denied ATXI permission to construct its proposed Mark Twain Transmission Project. The project was approved by the Missouri Public Service Commission withthe condition that ATX I must obtain assent from each…
Continue ReadingRobert Denlow has been invited by the William & Mary Property Rights Project to speak at the Thirteenth Annual Brigham-Kanner Property Rights Conference, October 20, 2016, in The Netherlands. Mr. Denlow will participate on a panel tasked with addressing the challenges society faces in recognizing and protecting cultural and historical property…
Continue ReadingATXI, a subsidiary of Ameren, met with strong opposition at a public hearing to consider its request for permission from Shelby County to build its proposed Mark Twain Transmission Line. The controversial project has faced stiff local resistance since it was proposed in 2015. Under Missouri Law, a utility must…
Continue ReadingThe Missouri Court of Appeals issued an opinion in a case brought by AMEREN TRANSMISSION COMPANY OF ILLINOIS (ATXI) in connection with the Mark Twain Transmission Project. In the lawsuit, ATXI originally sued the Missouri Public Service Commission claiming that it did not require PSC approval to construct the Mark…
Continue ReadingRobert Denlow, of Denlow & Henry, will speak at the American Law Institute’s conference on Eminent Domain. He is slated to speak Thursday, February 5 when the at the conference held in San Francisco that features the leading eminent domain attorneys in the country. Mr. Denlow has been a featured…
Continue ReadingAccording to an article in the Chicago Tribune about the Grain Belt Express Clean line, wind energy from Iowa and Kansas could help eastern states meet their renewable energy goals. Illinois has the goal of deriving 25% of its energy from renewable sources by 2025. However, the same energy lines…
Continue ReadingAmeren Transmission Company of Illinois plans to build a 345 kv electric transmission line from Palmyra to the Iowa border in northeast Missouri, and a new substation in Kirksville. There will be a slight increase in rates for Ameren customers, but Ameren claims that benefits will be construction jobs, access…
Continue ReadingThe federal wind production tax credit had spurred the growth of more than 12,000 megawatts of new wind power in 2012. However, the lack of the tax credit in 2014 has stalled the industry. This year, a coalition of Republicans and conservative Democrats, many backed by the fossil fuel industry,…
Continue ReadingMissouri voters rejected a proposed tax increase to fund road buildings and repairs on the August 5, 2014, election, but Missouri as well as states throughout the U.S. are facing the challenge of how to maintain and upgrade their road infrastructure in the face of congressional stalemate of the federal…
Continue ReadingSt. Louis County Executive Charlie Dooley recommended blighting Jamestown Mall in Florissant to enable the vacant mall site to become redeveloped as mixed use. Proposed new uses would be housing offices, and retail buildings. For more information, see story at http://flcas.findlaw.com/auth.jsp?tk=9x739KsnpwB5GyDFKOEIjDZFd9ugepat&app=3021&r=2
Continue ReadingRecent health reports find that exposure to ELF’s (“Extremely Low Frequency”) and EMF’s (“Electro-motive Force”) can lead to increased cancer rates, especially in children. These findings are being reviewed by persons in the pathway of the Grain Belt Express Clean Line, a proposed direct current transmission line project from wind…
Continue ReadingThe County Commissioners of Randolph County, Missouri, have signed a resolution expressing their support for the Grain Belt Express electric transmission line. Read the resolution and more about the Grain Belt Express here: http://www.moberlymonitor.com/article/20140508/NEWS/140508900/10054/NEWS#NEWS/?Start=1&_suid=140053018845202984768864265449
Continue ReadingThe East Locust Creek Reservoir project in north central Missouri near Milan, in Sullivan County, is moving forward. According to a news story, 79% of the land needed for acquisition has been purchased. Read more at: http://www.heartlandconnection.com/news/story.aspx?id=1039957
Continue ReadingThe 750-mile long prposed Grain Belt Express Clean Line is causing controversy in affected counties, including Randolph County, Missouri. Many landowners oppose having their land taken by eminent domain, and some will have their property cut in half by the electric line easement, but a company spokesman for Clean Line…
Continue ReadingThe president of Clean Line Energy Partners visited northwestern Missouri to promote the Grain Belt Express electric transmission line project, which would carry electricity generated by wind farms in Kansas to locations in the eastern U.S. Read more here: http://www.newspressnow.com/news/local_news/article_6d2ac19e-1c93-594d-b559-06820b8fd291.html
Continue ReadingThis letter to the editor offers an overview of reasons as to why landowners are opposed to the Grain Belt Express DC electric transmission line. Read more at: http://www.themaneater.com/stories/2014/4/10/missouri-doesnt-need-clean-line/.
Continue ReadingElement Power, an energy company located in Portland, Oregon (website: http://www.elpower.com/) has proposed to build a wind farm, named Mill Creek Wind Farm, that will generate 200 megawatts of electricity. The wind farm would be located near Oregon, Missouri, in Holt County, which is in northwestern Missouri. The power would…
Continue ReadingMissouri Governor Jay Nixon has released the final $2 million for the East Locust Creek Reservoir Project. The reservoir will serve 10 counties in northeast Missouri, providing drinking water. The North Central Missouri Regional Water Commission will now need to acquire the property needed for the reservoir, and could use…
Continue ReadingThe route in northern Arkansas for the 345kv electric transmission line to be built by Southwestern Electric Power Company (“SWEPCO”) has been approved. To read more, see: http://www.lovelycitizen.com/story/2043645.html .
Continue ReadingMore than 400 residents of Randolph County, Missouri, signed a petition to oppose the Grain Belt Express high-power transmission line. The petition was presented to the Randolph County Commission, but the Commission did not rescind its support for the line. Commissioners believe that the Grain Belt Express Clean Line could…
Continue ReadingThe Grain Belt Express Clean Line project received approval in early May 2014 from the Federal Energy Regulatory Commission (FERC). Read more at: http://kansasfirstnews.com/2014/05/11/grain-belt-express-receives-approval-from-federal-commission/.
Continue ReadingMissouri Representative Dr. Jim Neely, R-Cameron, has filed a bill seeking to change state law concerning eminent domain powers exercised by utilities. This could affect the ability of Clean Line Energy Partners to build the Grain Belt Express Clean Line. Mr. Robert Denlow of Denlow & Henry testified before the…
Continue ReadingMissouri Farm Bureau’s board of directors has voted to oppose granting the use of eminent domain to the Grain Belt Express “Clean Line.” Read more here: http://www.hpj.com/archives/2014/apr14/apr28/0418GrainBeltExpressdb.cfm.
Continue ReadingClean Energy Partners has announced and published the “final” route of the proposed Grain Belt Express Powerline through Missouri. Eight Missouri counties are affected: Buchanan, Clinton, Caldwell, Carroll, Chariton, Randolph, Monroe and Ralls. The controversial transmission line project is designed to moved so-called “clean” energy gernerated by windmills in the plains to…
Continue ReadingClean Line Energy, plans to build the Grain Belt Express Clean Line, a 750-mile long high-voltage direct-current overhead transmission line, to carry electricity generated by wind-powered generators in Kansas to the East Coast. The company says it will cost about $2.2 billion to build the transmission line. Of that $2.2…
Continue ReadingThe Grain Belt Express Clean Line, an approximately 750-mile long proposed high-voltage, direct current transmission line that will transmit wind energy from Kansas to the east coast, has encountered opposition from landowners, who have formed a group called “Block Grain Belt Express.” Marion County, Missouri has also declared official opposition…
Continue ReadingThe Owners’ Counsel of America, a nationwide network of eminent domain attorneys dedicated to representing property owners, have elected two new members to their Board of Directors. OCA North Carolina member, George B. Autry, Jr., a partner based in the Raleigh office of Cranfill, Sumner & Hartzog, LLP, and Michigan…
Continue ReadingThe American Civil Liberties Union has sued the Federal Housing Finance Agency, asking it to disclose efforts to stop municipalities from using eminent domain to bail out underwater homeowners and make its dealings with the financial industry more transparent. The ACLU, Center for Popular Democracy and other nonprofits filed a…
Continue ReadingA federal judge in Kansas City, Kan., has ruled against the Kickapoo Tribe in Kansas in its suit against a water district. In a decision rendered by Judge Carlos Murguia on December 20, 2013, in in the U.S. District Court for the District of Kansas in Kansas City, the Kickapoo…
Continue ReadingCity of North Kansas City, Missouri v. K.C. Beaton Holding Company, WD76068 and WD76110 (Mo. Court of Appeals, Western District) January 14, 2014 opinion The Missouri Court of Appeals upheld a dismissal of an eminent domain action against a Burger King in North Kansas City, Missouri. The City attempted to blight…
Continue ReadingPaul Henry will discuss eminent domian issues at the upcoming legal seminar on “Missouri Land Rights and Restrictions.” The program is set for June 17, 2009 at the Crowne Plaza in Clayton, Missouri. Among the topics that may be discussed include: Understanding eminent domain powers Understanding the condemnation process Exploring…
Continue ReadingSeveral property owners represented by Denlow & Henry successfully contested and fought an eminent domain condemnation case filed by Kansas City Power & Light (“KCP&L”) in Platte County, Missouri in connection with the Iatan-Nashua transmission project. KCP&L, a public utility, filed its condemnation petition against numerous property owners in Platte County…
Continue ReadingThe Missouri Supreme Court unanimously upheld the constitutionality of Missouri’s Heritage Value Statute that awards certain property owners a 50% increase over the fair market value of their property when taken by eminent domain. The case arose from a trial at the St. Louis County Courthouse in December 2011 that resulted…
Continue ReadingThe Missouri Supreme Court blocked the Southeast Missouri Regional Port Authority from using eminent domain to expand its operations base on a 2006 Missouri law that prohibits governmental entities from using eminent domain “solely” for economic development purposes. The port attempted to use eminent domain to acquire 30 acres of…
Continue ReadingA California raisin farmer is standing up the the U.S. government against its practice of seizing a portion of his annual crop under a law that dates back to the Great Depression. The farmer faces as much as $650,000 in fines alone for his refusal to turn over his crops…
Continue ReadingIn a New York Times Editorial, a Yale Professor has advocated the use of eminent domain as a means of eliminating “underwater” mortgages. His article states that some form of collective action must be taken by holders of these mortgages to write them down so that homeowners will again owe less…
Continue ReadingThe Missouri Supreme Court blocked the Southeast Missouri Regional Port Authority from using eminent domain to expand its operations base on a 2006 Missouri law that prohibits governmental entities from using eminent domain “solely” for economic development purposes. The port attempted to use eminent domain to acquire 30 acres of…
Continue ReadingThe principals of Denlow & Henry are scheduled to speak at seminars in St. Louis and Springfield, Missouri. The seminars are geared to educate attorneys and other professionals about the strategies and procedures of Missouri Eminent Domain law. The programs are sponsored by the National Business Institute. The Springfield seminar…
Continue ReadingRecently, Robert Denlow of the St. Louis Eminent Domain law firm, Denlow & Henry was interviewed by Lee Presser on the topic of eminent domain law. Watch the interviewHERE on YOUTUBE
Continue ReadingIn a joint victory in favor of free speech AND against eminent domain abuses, a the U.S. 8th Circuit Court of Appeals has back a St. Louis man’s right to maintain a sign that objects to eminent domain abuses. Located in St. Louis on the side of a building, the…
Continue ReadingU.S. Representative Russ Carnahan (D-MO) recently issued a press release calling out the City of Richmond Heights for its continued efforts to develop the Hadley Heights neighborhood: “As Representative of the 3rd Congressional District in Missouri, I am disappointed that Richmond Heights is continuing its decade-long effort to destroy a…
Continue ReadingThe Federal Energy Regulatory Commission (FERC) saved thousands of homes around Lake of the Ozarks when it excluded them from a shoreline preservation project. The project initially included thousands of properties around the heavily developed Lake and recreation area. Controversy over the project and possible negative impacts on property values…
Continue ReadingMoDOT Director Kevin Keith told state lawmakers that rapidly increasing amounts of traffic on I-70 could turn the interstate into a “graveled parking lot” within 15 years if the highway is not widened and repaved to make it safer and ease congestion. Costs for the improvements range from $2 billion…
Continue ReadingSt. Louis County Associate Circuit judge Ellen Ribaudo entered Judgment awarding a family $2.1 million as damages for the taking of their property through eminent domain. The St. Louis County family had owned their 15 acres of land on the eastern edge of Chesterfield since it was purchased by the…
Continue ReadingThe City of Richmond Heights is challenging the Missouri statutes that created Heritage Value and Homestead Value in eminent domain cases. In 2006, the Missouri legislature reformed eminent domain laws in a reaction against abuses by developers that were given eminent domain powers. Heritage value is awarded in some cases…
Continue ReadingThe Pacific Legal Foundation is bringing the case of an Idaho couple to the Supreme Court this month seeking review of an EPA decision to stop the couple from building a home on a lot due to wetlands designation. Lower courts have insisted that the couple undergo what is generally…
Continue ReadingVarnish Fine Art in San Francisco will be the location of an “Eminent Domain Awareness Show” on Friday June 5th, 2009. According to its press release, a local agency, “is eliminating 33 small, local businesses, including Varnish Fine Art, and numerous residences in order to demolish all properties and later…
Continue Reading“Thirteen years after the city began planning a massive business park in the Mississippi River flood plain, a long-awaited trial on an environmental group’s challenge of a related tax subsidy is set to begin Monday. The recession has hindered efforts to attract tenants to the Premier 370 Business Park but…
Continue ReadingThe City of Lake Saint Louis is studying the feasibility of extending the South Outer Road of I-64 to Hawk Ridge Trail Drive.
Continue ReadingThe City of O’Fallon is studying improving Elaine Drive from West Terra to the railroad. Improvements being considered include center turn lanes, sidewalks, and enclosed drainage.
Continue ReadingEagan, Minnesota’s plans for its downtown hit a road block when the Minnesota Court of Appeals halted its attempts to acquire several businesses by eminent domai. The Court held that the authority to condemn was improper due to the lack of a “binding development agreement.” The city has condemned condemned…
Continue ReadingSt. Louis County will improve Old State Road from Pierside to Old State Spur, and will realign the intersection with Ridge Road.
Continue ReadingNATO officials are finding it difficult compensating Afghan property owners for damage caused during the conflict: “But as word spread, military units found themselves overwhelmed with hundreds of people claiming compensation for damage, some of it done long before the recent fighting. ‘We are victims of our own success,’ Lt….
Continue Reading“Opponents of Paul McKee’s plans for north St. Louis who persuaded a judge to block the project last year now are trying to prevent him from getting millions of dollars in state tax credits. At issue is whether state law allows the credits to be issued to McKee’s Northside Regeneration…
Continue ReadingThe City of O’Fallon is improving Bryan Road at its intersections with Mexico Road, Feise Road, and Winghaven Blvd. at Hwy N.
Continue ReadingRobert Denlow, principal of Denlow & Henry, will speak at the upcoming American Law Institute and American Bar Association conference on Eminent Domain and Land Valuation. “This popular and long running advanced course of study kicks off with a comprehensive update on eminent domain case law and legislation by a…
Continue ReadingAfter his NorthSide redevelopment plan was rejected by a St. Louis Circuit Judge, Paul McKee’s attorneys asked for a new hearing to present additional evidence. That request was denied.
Continue ReadingAs reported by the St. Louis Post and KMOX.com, just compensation has finally been paid to St. Louis property owner Bill Simon for the full block of commercial property he owned in the Bottle District of downtown St. Louis. In 2005, the Land Clearance and Redevelopment Authority (LCRA) seized Mr. Simon’s land by…
Continue ReadingThe ongoing refusal by the City of Louis to honor a $2.2 Million judgment reached national news, as Robert Denlow and the property owner was interviewed during Fox News’ “Fox & Friends” show on May 26. The judgment was entered in 2008, when a jury awarded Denlow & Henry’s client…
Continue ReadingPossible improvements to Highway 47 from Washington to St. Clair in Franklin County are being studied, including possible widening and increased speed limits.
Continue ReadingIn 2008, a jury awarded Denlow & Henry’s client $2.9 million for property taken by the City of St. Louis on behalf of a developer. After crediting the City for what it already paid, the owner was entitled to $1.9 million more. The City appealed. After years of appeals, the…
Continue ReadingListen to Robert Denlow’s interview on KMOX regarding Eminent Domain abuses. KMOX interviewed Robert Denlow when Denlow & Henry, on behalf of a former owner of property located in the Bottle District Area, initiated collection proceedings against The City of St. Louis for a jury award made in July 2008….
Continue ReadingOwners’ Counsel of America (OCA) honored two journalists in 2010 with the Crystal Eagle Award for journalism and effort to be critical and objective, specifically with respect to their investigative reportage and balanced analysis regarding the government’s use of eminent domain. Annually, OCA identifies individuals who have made a substantial…
Continue ReadingThe Oklahoma City Council voted nearly unanimously to blight a massive 692 acre area south of downtown. The City hopes to develop the area into, among other things, a downtown park and convention center. The project may use eminent domain powers to acquire residential and commercial properties. At least one…
Continue ReadingThe effort by the National Park Service to establish a memorial for the victims of the 9/11 crash of Flight 93 in Pennsylvania. The plans are to creat a 2,200 acre memorial and park. The looming 10th anniversary of the tragedy is apparently pushing the project to get completed. Controversy…
Continue ReadingThe Texas Senate has approved sweeping eminent domain reform for the state that includes: Criteria for courts to follow to determine good faith negotiations. Creates a “Truth in Condemnation Procedures Act” which requires a bona fide offer in writing. Requires any condemnation procedure to be done in public and by…
Continue ReadingReceive Updates on this Topic
As a service to property owners we have developed a list of topics and projects relating to eminent domain and condemnation. If you would like more information on this topic or project, or have another issue that you would like to discuss with us, please use this form. If a project is not listed, contact us.