Welcome to the Future!
The ongoing Montana eminent domain fight for Missoula to take its private water utility by eminent domain has reach a new milestone. The global equity interest holder of the water utility has filed an appeal. Missoulian
The same happended recently inTexas. The year, 2014. The case, Zachry v. Port of Houston. A global equity interest, named Zurich, stepped in to offer an opinion that sided with Zachry. Will government contracts and eminent domain end up in court more often because of…
Way back when SB 18 passed in 2009, it required governmental & private entities with eminent domain authority to report to the Comptroller. They did, and more than 6,000 said, yes, we have the power to take private property.
This year that number will grow by at least the 150 or so special purpose districts that were created and granted eminent domain authority.
TPPF has been talking reforming aset forfeiture for a couple years now, and now the CLU and Grover Norquist have joined forces to bring us Fix Forfeiture, a 501(c)(4).
Here’s what Fix Forefeiture wants to fix:
Libertarians and private property rights activists will not stop talking about Kelo. There are books and movies afoot about Kelo.
During this week’s 10 year anniversary, the libertarian presses were on fire:
Eminent domain may be used by Jersey Village against 16 businesses and institutions so that the Village can relocate water and sewer.
Just Compensation for Raisins. Raisins Stand United. California rainsins grew up to be activists that won.
The US Supreme Court ruled in support of raisin producers this week by striking down a New Deal Era provision that allowed the FDA to take a certain portion of raisin crops to control raisin prices.
The FDA exercised this taking in 2002-2003; opening the U.S. market up to foreign raisins.
Do you know where your raisins come from? The Supreme Court favors them coming from the US….
The California Supreme Court this week ruled that developers can be required to provide a percentage of below market cost affordable housing.
Developers had argued that such a requirement was a taking of their property. The Court rejected this argument and found that local governments have “broad discretion to regulate the use of real property to serve the legitimate interests of the general public.”
Posted ininverse condemnation, land use, legal trend
Building a project that crosse state lines or involves transmission lines or pipelines? U.S. Sens. John Boozman and Tom Cotton have a bill for you. It will grant states veto power over electric lines. It has a cute name: Assuring Private Property Rights Over Vast Access to Lands (APPROVAL) Act.
Posted inlegislation trend, transmission lines
Even states that offer relocation costs, don’t do it readily. In the case of Garden Gove, California, it took 2 judges to force payment of relocation costs to low income residents. A mobile home park was taken via eminent domain to make way for the Great Wolf water park. Garden Gove is now ordered to pay $141,540 to the displaced residents. On 2 separate coasts, 2 separate governmental entities are moving forward with eminent domain to build new water projects to protect cities from flooding.US Senators Want State Power to Deny Federal Eminent Domain
Relocation Costs. Some States have it. Some States Do Not. Some States Have it & Refuse to Pay.
Eminent Domain to Protect Against Flooding