• NEC Future: HSR "High Line", FRA, Amtrak Infrastructure Plan

  • Discussion related to Amtrak also known as the National Railroad Passenger Corp.
Discussion related to Amtrak also known as the National Railroad Passenger Corp.

Moderators: GirlOnTheTrain, mtuandrew, Tadman

  by Greg Moore
 
Yes, because that never ends up in courts for long periods of time costing lots of money and resentment and then, in the next election cycle, the voters vote out the politicians who approved plan in the first place and now you're out money and still don't have a railroad.
  by BlendedBreak
 
You are going to have to provide an example to back up your claim.
I cannot think of any time in the USA's history where the busiest rail corridor had to be relocated, and 'ended up in courts for long periods of time costing lots of money and resentment and then, in the next election cycle, the voters vote(d) out the politicians who approved (the) plan in the first place and now(then) you're(we were) out(of) money and still don't(didn't) have a railroad.'

A project like this has never been undertaken before. Nice try though.
  by Greg Moore
 
Google "Highway revolts". Google the backlash over New London vs. Kelo. If you don't think that eminent domain cases often end up in court and often end up in cancelled or scaled back projects you're uninformed.

Your response is meaningless. The reason why this approach hasn't been taken yet is exactly because of what I said. It would be a disaster.
  by BlendedBreak
 
Your response is meaningless. The reason why this approach hasn't been taken yet is exactly because of what I said. It would be a disaster.
I guess you don't remember how Amtrak built the empire tunnel ROW under Donald Trump's properties?
Your response is meaningless.
This is the only option for true high-speed rail.
  by Greg Moore
 
No, I don't. Please tell me what properties Trump owns between 36th street and Penn station, I'm not familiar with them.

I am familiar with the Trump properties north of there that were built over the existing rail line.

And to answer F-line to Dudley via Park's question, "increasingly less and less".
  by orulz
 
Eminent domain is actually pretty bulletproof in the US and well tested in the courts. Once you have your Environmental Impact Statement or Finding of No Significant Impact completed and signed, there's not much landowners can do to stop condemnation of their property. They can sue to argue that compensation was inadequate, but that happens after the fact and doesn't stop a project from moving forward.

The problem holding back eminent domain in the US is that politicians who preside over projects that require eminent domain, face the potential for political backlash - so in practice that places a damper on its use. In the US, political backlash generally takes the form of booting politicians out of office, which happens on a regular two- to six- year cycle. In China, elections only affect local politicians and are pretty much a farce anyway, so the only real form of backlash that could (and sometimes does) happen is grassroots protest. But officials only worry about that if it gets to the point where it can't be quelled through some combination of censorship and force, thereby presenting a threat to national stability and/or the Party.
  by Jeff Smith
 
Admin Note: I relocated some posts here from other threads as they seemed to belong to this topic, not the Inland topic, where Eminent Domain is not much of a concern. The responses to that post naturally followed. Remain Calm and Carry on.
  by SwingMan
 
Considering the money these politicians get from endorsements, we are really all screwed. The current system has been exploited to the point that the people are basically being lied to and (for the most part) don't care/don't care to investigate further than what is handed to them on a silver platter during election periods.


Yes, Eminent Domain is a perfectly plausible way to relocate existing infrastructure to meet the standards needed for successful growth. However, that's in a perfect world with politicians and leaders who are not afraid to rattle cages and create a negative persona, basically because the current generation of politicians understand full and well that they would rather rake in the dough for a full term rather than get a name on a plaque for something. If that way of thinking continues, this country will corrupt itself out of what is currently a cushy-lifestyle based first-world country.


On topic, apparently there will be an FRA meeting about such a project on Long Island tomorrow about this project..
  by DutchRailnut
 
The problem is Eminent Domain is suppose to give fair market value, yet they will pay you pennies on Dollar, cause in their eyes it has no longer value.
so it will take years of court action to get right of way, and in those years priorities change, money is diverted and projects die a miserable death.
  by Jeff Smith
 
The success of those fighting E.D. (pun intended LOL) is rare; you either need very deep pockets (which you'll find in Lower Fairfield County) or just dogged determination. The process can drag on for years, and is usually not successful unless you count getting a higher offer than the original low-ball as Dutch notes as success. And if you dig in, it's very rare you win. The only case I can think of is Curley's in Stamford, CT which escaped urban renewal. I'm sure there are stats somewhere.
  by MSC34
 
The success of those fighting E.D. (pun intended LOL) is rare; you either need very deep pockets (which you'll find in Lower Fairfield County) or just dogged determination. The process can drag on for years, and is usually not successful unless you count getting a higher offer than the original low-ball as Dutch notes as success. And if you dig in, it's very rare you win. The only case I can think of is Curley's in Stamford, CT which escaped urban renewal. I'm sure there are stats somewhere.
In federal condemnations and in New York State condemnations there are typically two issues: (1) whether the taking is for a "public use"; and (2) just compensation. Convincing a court that a taking is not for a public use is rare, as federal courts and New York courts define "public use" very broadly. Convincing a court that just compensation is higher than the value alleged by the government is not so rare. I have seen it from both sides. It is the latter issue that in my experience can take years to resolve as appeals are typically made from the judgment of the respective trial court.
  by DutchRailnut
 
E.D. still requires fair compensation, to property owner that means what his property is worth in same market, to E.D. petitioner it would be value of useless house in way of railroad.
It is not about winning but about just compensation.
betya Amtrak is not willing to pay fair market price in westchester or fairfield country, so courts will be busy for years.
  by MSC34
 
E.D. still requires fair compensation, to property owner that means what his property is worth in same market, to E.D. petitioner it would be value of useless house in way of railroad.
It is not about winning but about just compensation.
Actually, under federal law and New York law, just compensation is typically measured by the subject's fair market value, which is based upon its highest and best use.
  by DutchRailnut
 
yes but both sides see it from different angle, it usually takes court to get involved.
but don't worry you and I will be pushing up daisies or worms before this plays out.
  by jstolberg
 
It's happening already on the west coast.
As of mid-October, the California High-Speed Rail Authority reported this week, the agency had successfully acquired 344 of the 689 parcels it needs for its first construction section from Madera through the city of Fresno and made them available to the contractor for work. Of the 543 parcels needed in Construction Package 2, the authority has completed deals for 86.
http://www.fresnobee.com/news/local/hig ... rylink=cpy" onclick="window.open(this.href);return false;
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