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An earnest supporter of property rights, Representative Will Metcalf filed HB 1889 that requires municipal or county approval before construction of the railway. Representative Metcalf is strongly opposed to taking private lands for private enterprise.
Metcalf’s opposition to high speed rail is noted at …
A second Nebraska judge has halted Keystone XL’s use of eminent domain. The second injunction is from York County and affects the sourthern portion of the pipeline. Omaha.Com
Posted inlegal trend, pipelines/common carriers, private company, private property rights
The above is a quote from USA Today this week examining the harsh opinions against eminent domain. Opinions become the most heated when eminent domain is used for ” taking of private lands for private enterprise,” quoting Representative Will Metcalf. Reflecting on Kelo, the 2005 U.S. Supreme Court case permitting the use of eminent domain for economic development, its noted that not all public use… Restricting the use of eminent domain is en vogue. Idaho’s Senate passed a bill to stop cities from using eminent domain to build hiking trails, bike trails, and greenways. Idahoans love their green space. The state is almost entirely greenspace. Idahoans don’t love eminent domain. The bills author said this of eminent domain: “eminent domain gives cities too much power.” Texas looks to also stop cities from using eminent domain for trails and green space.
Posted in2015 legislation, land use, legislation trend, private property rights
A vocal group at a transmission line public meeting echoed the refrain- no eminent domain for private gain. It rhymes which makes it good for protest marches. A Houston Company is the target of this group of landowners. The company, Clean Line Energy Partners, is seeking the federal government’s buy-in to a wind energy project in Oklahoma & Arkansas. If the federal government gets involved, then the company gets eminent domain authority. 200 landowners showed up to a m… A Wichita Falls jury validated property owners’ right to collect reasonable damages when electric power lines lower the value of their land. It boils down to a question of the value of the remainder of the land after every one agrees eminent domain is proper. The electric provider offered the landowner $140,000 for an easement 1.7 miles long, that bisects the landowner’s property. The jury sided with the landowner appraiser who said the value is $393,165. St. Louis Aldermen approve the use of eminent domain to retain an employer in St. Louis, the National Geospatial Intelligence Agency. The choice was retain 3,100 jobs or use eminent domain against 30 properties. The vote was 17:11. National Geospatial Intelligence Agency has not indicated if it will stay in St. Louis or relocate, but eminent domain use has been decided to try to keep it in St. Louis.
Posted ineconomic development, legislation trend, private company, private property rights
Colorado & Texas are both proposing bills that would prohibit eminent domain for open space land. Woody Guthrie wasn’t being literal when he wrote, “This land is my land, this land is your land.” In Colorado, the bill would prohibit a county from acquiring land for open space via eminent domain. It stems from mining property that a county acquired with eminent domain after some permitting issues. The acquisition of the land was at 4 times appraised value. The odds of fair come… In a 7 year legal tussle over whether Denbury is a common carrier, the 9th Court of Appeals ruled that Denbury is not a common carrier. Sounds innocuous, except that common carrier status grants Denbury, a private pipeline company, the power of eminent domain. Common carrier status comes with great power. The Legislature tried to fix the common carrier issue in 2013, but an elegant point of order stopped it. In the summer of 2014, the Railroad Commission tried to fix it by rule ma… Fracking & private property rights. Eminent domain is triggered at many levels in fracking. It can br triggered by the pipeline moving the oil to refining. It can be triggered when new roads are needed. It could be inverse condemnation when a regulation, like a fracking ban, limits how people can use their land. Senator Konnie Burton says cities should not be able to infringe on private property rights. Her
Posted in2015 legislation, legal trend, legislation trend, pipelines/common carriers, private company, private property rights
As the economy improves, expect developers to demand more uprooted families. (via eminent domain)
Lege Trend Arrives to TX: Blocking Cities Use of Eminent Domain
No Eminent Domain for Private Gain. Gaining Steam Fighting Wind Power Lines.
Property Value Decrease from Transmission Lines? Jury Says YES!
Update: Eminent Domain to Retain Employers?
Eminent Domain for Open Space? Not so fast Woody Guthrie.
9th COA Rules: No Common Carrier Status.
Private Property Rights >The Fracking Bans. Do Property Rights Trump All?