Re: planned road uses imminent Domain to take land for mitigation

Larry Gross <gross.larry@xxxxxxxxx> wrote:

Casey Foundation Fights Md. Over Land Seized for Highway
Group That Owned Site Says Md. Had No Right to Take It

Friday, November 23, 2007; Page B01

Maryland highway officials and the philanthropic Eugene B. Casey
Foundation are battling in court over the state's decision to seize
405 acres of the foundation's land for the intercounty connector, even
though the land is seven miles from the highway's planned route.

http://www.washingtonpost.com/wp-dyn/content/article/2007/11/22/AR2007112201260.html?hpid=moreheadlines


Yet another way for the DOTs to win the hearts and minds of the public

IMO land needed for mitigation purposes is just as valid to use
eminent domain on as is the R/W to build the highway on. Permits are
part of the project construction package, and mitigation is often a
condition of getting the permit approved.

NC has recently separated the land acquisition for mitigation purposes
from the actual R/W acquisition, however. Impacts are identified
separately at a very early stage, and valid candidates for mitigation
are acquired prior to the permits being applied for. Any mitigation
is deducted from the already acquired property. So far this process
has worked, with permits needing mitigation land having it already
available by the time the permits are applied for.

John Lansford, PE
--
John's Shop of Wood
http://wood.jlansford.net/
.

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