Appraisals that continued to lower the price of land in dispute were deemed “strong arm tactics” designed to force settlement, and were the basis for a pro-land owner ruling by the Virginia Supreme Court.
The state supreme court found all the appraisals must be presented to the fact finder to determine value.
The difference in appraisals: $150,000. The legal fees for the state’s outside counsel: $140,000.
Posted inappraisals, compensation, legal trend
This week ISD Trustees voted to use the power of eminent domain to obtain 46 acres of undeveloped land to build a highschool. The ISD statement: “…we were unable to have successful negotiations. We are going about it in a professional manner. We have hired a top-flight appraiser and we are making a very fair offer.” The ISD streses that it only wants 6.7% of the landowners 677 acres.
Posted inlocal government trend, private property rights, school
To use eminent domain in Georgia, a pipeline company must have approval from the Governor and the Department of Transportation. In this case, a pipeline company wished to build a 210-mile pipeline to move gasoline and ethanol across Georgia to terminals near Augusta, Savannah and Jacksonville. For this pipeline, wishes and dreams did not come true. What stopped the pipeline from getting eminent domain? 17 states have passed laws concerning drones. The Feds say, who cares- we control air space, not the states. It’s the perennial states right fight. The International Association of Chiefs of Police says they have few tools to protect citizens from drones. The Wall Street Journal points us to a 1946 the US Supreme Court established that property owners have exclusive control of the area immediately above their land, which is estimated to be 83 feet.
Posted indrone, legislation trend, private property rights
Its harder and harder to build insfrastructure in Texas. Tollroads, high speed rails, pipelines are greeted by protestors, private property rights activists, and lawsuits. The Midwest has responded with the Midwest Alliance for Insfrstructure Now. It is a coalition of: Willing buyers, a hot topic in eminent domain. No one wants to be forced into selling their property. So, who doesn’t like this idea? Private property rights as engrained in Texas as the Lone Star. Dueling private property rights are facing a detante. Denton’s fracking ban sought to protect use and enjoyment of your private property, your home. In contrast, HB 2595 would prohibit initiative and referendum petitions that restrain private property rights. Sounds just like what Denton did, until one sees that there are also private property rights in mineral interests, which is what HB 2595 sought to protect. <...
The 143-mile Trans-Pecos pipeline will take West Texas gas to Mexico. To get there, it has to build a pipeline through lands owned by Texans. Say you’re a ranch owner, and you’re asked for a 50 foot easement for a pipeline that won’t deliver its goods to the U.S. Did the Constitution contemplate a public use outside the U.S.? A land owner quote from a meeting in Alpine, TX:
Posted ineasement, pipelines/common carriers, private property rights, public use or benefit
Iowa’s proposal to require condemning entities to negoitate agreements for 75% of the land it needs to aquire continues to move rapidly through the Iowa Legislature. It is expected to easily make it to the Governor’s desk for his signature. WNAX Strong early voting numbers in Tarrant Regional Water Development Board races, which have been spurred by an eminent domain dispute. At the end of early voting 11,292 early ballots were cast. An additional 5,840 ballots were cast by mail. In contrast, the 2013 numbers were 8,143 early walk-in votes and 4,015 mail-in ballots. Conroe ISD to Consider Eminent Domain for High School
Eminent Domain Denied to Pipeline.
Private Property Above. How much air do you own? Can you shoot down a drone?
How are Interests in Other States Battling Private Property Rights Groups?
IA Eminent Domain Bill Requires 75% Land Be Acquired by Willing Buyer.
Many Faces of Private Property: Mineral Rights or Property Rights on Your Homestead?
Pipeline to Mexico Through Texas Land. Is there a public use?
Require 75% of Land to Be Acquired by Negotiation Before Eminent Domain Authority is Granted
Eminent Domain Fight Leads to Strong Early Voter Turn Out. 1000s more vote early in TRWDB Election.