After a San Francisco trial court determined that an offer for land was reasonable, the First District Court of Appeal said not so fast, trial court judge and here’s why:
- a landowners cannot reasonably reply on an offer that is contingent
Monthly Archives: May 2015
5 Concerns about Texas Central Railway From the Cattle Raisers
The Texas Central Railway survived the – no eminent doamin for you- chopping block. An attempt had been made in House Bill 1 to remove the railway’s ability to qualify for eminent domain. Ft. Worth Star Telegram
The President of the Texas and Southwestern Cattle Raisers Association explains 5 reasons they oppose the Railway:
- Primarily funded by Japenese sources with uncertain long-term fi…
Eminent Domain: Where the Libertarians, Conservatives & Left Align
On the 10th anniversary of the 2005 U.S. Supreme Court decision Kelo, there’s a new focus on how the transfer of land harms the poor.
The Washington Post, Volokh Conspiracy, features a heavily edited quote from the NAACP, post-Kelo:
“As Hilary Shelton of the NAACP put it in testimony before the Senate Judiciary Committee, “allowing municipalities to pursue eminent domain for private economic development [has] … a disparate impact on African Americans and other minorities……
Just Compensation for Gas Stations & Car Washes Facing Eminent Domain
Find an appraiser that can:
- Address value based on cash flow potential, not price per square foot that you would typically see with a commercial property
- Look for appraisers with experience in special use properties
Retail Petroleum Consultants, Condemnation: Appraising Gas Stations and Car Washes, How to Ensure Just Compensation for Business and Goodwill
…
Senate Liberty Caucus Supports Granting Eminent Domain
A growing sentiment in the Texas House is the Senate Liberty Caucus support of special purpose district bills that grant these districts the power of eminent domain. These districts can also levy taxes and assess fees.
Landowner Files Suit Against Pipeline: No Public Benefit for Interstate Pipeline
An Arkansas Landowner alleges that there is no public benefit to Arkansas for a pipleine from Oklahoma to Tennessee. Further, the only benefit is to the private company building the pipeline.
Growing case law supports this position throughout the country to deny common carrier status to interstate transportation of oil, gas, and electricity.
Rapidly Growing Legal Trend Wins Over Kentucky Court : Common Carriers NO Eminent Domain Power
If there is no public use in Kentucky, then a common carrier isn’t afforded eminent domain to build a pipeline in Kentucky according to a Court of Appeals Panel last week.
This growing trend in eminent domain litigation- is the public use occuring within the govenrmental entity that is granting the power of eminent domain.
Over the last year, court rulings have impacted pipelines and transmission lines.
Posted ineasement, legal trend, pipelines/common carriers, private company, private property rights, public use or benefit, transmission lines
The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain is now in print. 10 years after the epic eminent doamin case, we get…the book. Polls show 80… As a reminder that it’s really just your bad local governments that use eminent domain, the Department of Justice has put up a series of delightful photos detailing the history of eminent domain use by the federal government. The History lesson: Robert Henneke, newly hired as the head of TPPF’s Center for the American Future, will belitigating government overreach and 10th amendment issues, including: It’s like a Texas version of Institute for Justice, the group of attorneys that represented Kelo in Kelo v. New London, the preeminent eminent domain case of the last 20 years. Post-Session Reading List: the Kelo Book is Finally Here! Check it Off Your Christmas List.
History of Eminent Domain from the US Department of Justice
TPPF to Start Litigation Center to Litigate What Comes from Left Field.