According to that article, negotiations had taken place with three property owners over the past several months. There was at least one hold out, Mike Kazanivsky, who owns a barren grass strewn lot that he says he bought to build a small miniature golf and ice cream amusement park.

It was further stated in the article: 'In the end, the Auburn agency officials decided not to use eminent domain, as Kazanivsky remains a holdout. He told Fox News that he has an offer for his property from the developer. If he does agree to sell, the project could then potentially go forward without the government forcing him to give up his property.'

Read the complete article: 'Eminent Domain Defeated.' for full details.

Some property owners praised it as a victory for private property rights. The 9 to 0 decision to not use eminent domain was decisive in this situation - other cases have not ended so favorably for property owners. The use of EMINENT DOMAIN is always a thorny issue, and both sides are not likely to be equally pleased whenever a decision is made.

For more articles by this writer, click here.
See:
Eminent Domain: Public Good Vs. Private Rights

Source:
http://liveshots.blogs.foxnews.com/2010/05/06/eminent-domain-defeated/?test=latestnews