(844) 815-9632


9/11 Crash Site Undervalued in Eminent Domain Case

The 9/11 crash site of United Flight 93 is actually worth nearly $1 million more than the federal government paid for it, according to a court ruling in an eminent domain case. A federal district judge ruled Wednesday that the site of the downed flight near Shanksville, Pennsylvania, originally valued at $610,000, was actually worth more than $1.5 million, reports the Pittsburgh Tribune-Review. The federal government scooped up the land from its owner in 2009 under eminent domain, with plans to create a national memorial at the site. But both the original owner and the feds disputed how much it was worth. Flight 93's Final Resting Place On September 11, 2001, United Flight 93 was one of four hijacked aircraft which crashed as part of a terrorist plot. Flight 93 was unique in that it missed its intended target and instead landed in a rural area of Pennsylvania, after a movie-inspiring passenger intervention. The plane's final resting place was in a field originally owned by Michael Svonavec, but the U.S. government took possession of the site in 2009 under the doctrine of eminent domain. Taking land through eminent domain requires that the government take the land for "public use" and compensate the land's owner for its fair market value. Owners have the right to challenge eminent domain actions, and typically the argument boils down to how much the land is actually worth compared to the government's compensation. In Svonavec's case, he believes his land is worth "at least $5.7 million," reports the Tribune-Review. Under this estimation, the federal government would owe Svonavec more than $5 million, but a federal judge decided differently. Commission Made Correct Valuation The "fair market value" of a piece of land with a unique character -- like historical value -- can often be difficult to pinpoint. Typically the government would approximate the land's value based on its size and comparable sales of land in the surrounding area. Perhaps this is how the government came to its original $610,000 figure to compensate Svonavec for the Flight 93 crash site. However, a court-appointed commission in December valued the property at $1,535,000 -- a finding which a federal judge upheld on Wednesday. Part of its valuation included the property's "national significance and intrinsic value," which made it unique from similar parcels of land, reports the Tribune-Review. Svonavec may be upset that he didn't get the $5 million he requested for the 9/11 crash site, but it's more than double what he originally received. Related Resources: Flight 93 memorial site correctly valued at $1.5m, judge rules (Metro) Find an Eminent Domain Lawyer in Your Area (FindLaw) Can I Lose my Property to Eminent Domain? (FindLaw's Law and Daily Life) Can Eminent Domain Actually Help My Business? (FindLaw's Free Enterprise)
continue reading

Pointing Lasers at Helicopters Can Lead to Arrest

Laser pointers can be fun, useful gadgets, but pointing them at helicopters can land you in handcuffs. Laser pointer pranksters may think these helicopter hijinks are funny, but state and federal law enforcement aren't laughing. Multiple Arrests for Laser-Pointing Helicopters In recent months, laser pointer pranksters from coast to coast have been arrested for incidents involving laser pointers and helicopters. Here are just a few examples: In California, 19-year-old Jenny Gutierrez of San Bernardino County was arrested Thursday for allegedly shining her green laser pointer at a sheriff's helicopter -- which then followed the car she was riding in and relayed her location to deputies on the ground. If Gutierrez is convicted, she could face up to five years in federal prison, Los Angeles' KCBS-TV reports. In Ohio, 46-year-old Nicholas Vecchiarelli of Hubbard is currently under court order to "stay away from lasers" after allegedly pointing one at a TV news helicopter in October, reports Youngstown's WFMJ-TV. In Nevada, a man with a prior record of aiming lasers at police helicopters in Phoenix is accused of doing the same with Las Vegas police copters. James Zipf, 30, of Henderson, is now facing six federal felony counts, the Las Vegas Review-Journal reports. In Oklahoma, 42-year-old Carl Don Floyd of Tulsa has been charged in federal court with allegedly shining a green laser at a Tulsa police copter, striking the tactical flight officer in the eyes, reports the Tulsa World. And in Texas, San Antonio's WOAI-TV reports that Don Ray Dorsett, 28, of El Paso, was charged in federal court with pointing a laser a helicopter owned by the Texas Department of Public Safety. Each of these laser-pointer offenders may have particular state or local dimensions to their cases, but they've all allegedly run afoul of federal law. Pointing Lasers at Helicopters Is a Federal Offense For those who didn't get the memo in February, the FBI and other law enforcement agencies are cracking down on laser pointing when it involves aircraft. While this strict enforcement effort is somewhat new, the federal law against pointing lasers at aircraft has been on the books since 2012. Federal law prohibits knowingly pointing the beam of a laser at an aircraft or "at the flight path of such an aircraft." ("Aircraft" is defined by federal law as "a civil, military, or public contrivance invented, used, or designated to navigate, fly, or travel in the air" -- which includes helicopters.) Violators can face up to five years in federal prison. Accidentally flashing a helicopter while using a laser pointer for stargazing isn't prohibited. But if you're worried about your potential criminal liability for laser-pointing, or if you've been charged with such a crime, contact a criminal defense attorney today. Related Resources: Laser pointer damages eye of air ambulance medic (Dallas' WFAA-TV) Are Laser Pointers Illegal? (FindLaw's Law and Daily Life) Clark Gable's Grandson Gets 10 Days in Jail for Laser Pointing (FindLaw's Celebrity Justice) FAA: Laser Strikes on Airplanes a Growing Issue (FindLaw's Blotter)
continue reading