City Official Comments on Paying Landowner Attorney Fees in Eminent Domain

Officials in Tulsa, Oklahoma want to remove the statutory requirement that if landwoners at trial receive a value 10% higher than the special commissioners, then the local government has to pay the landwoner fees and expenses.

Paying attorney fees and expenses led to this comment by a Tulsa official: “That 10 percent rule is basically a pain in the neck,” Swiney said. “I think it leads to abuse. It leads to bill padding. It discourages settlement and encourages litigation.”

Public Radio…

New London, CT Resident Describes how Eminent Domain Ruined the Town

…”The city has never capitalized on this to bring tourism. The neighborhood where homes and businesses once stood, is now a giant weed-filled lot near the water. The proposed hotel, condo, restaurant and office complex that was supposed to be built went out the window because the development company that was awarded the contract went out of business after leveling all of the homes and businesses that were there.

This parcel is next to the property that was given to Pfizer by the city….

Pop the Popcorn Kelo, The MOVIE! is Coming Soon.

This fall filming will being for Little Pink House, the film devoted to telling the story of Susette Kelo.   

“[The producer] describes it as a classic David and Goliath story that focuses on Kelo, a single mother who had her Connecticut house seized by the city of New London and turned over to private developers. “

Reason    Little Pink House Film

Legal Trend: 6 Month Beach Erosion Taking for Stormwater Drain. Ends with Big $ Win for Landowners.

Long Beach Township took property from 7 beach front owners for a storm water project. Long Beach Township asserts it did so because a state agency told it to do so. A natual reply as that explanation worked well with our parents as 9 year olds- so and so made me do it. 

The beach project was voided, a win for landwoners.  But, since an eminent domain qualifying project was involved, the state & local government were able to start accessing the property from day 1.

The landowners also…

Lege trend: 2 Step Agency Approval for Pipeline Eminent Domain

The South Carolina Attorney General issued an opinion asserting that a pipeline probably does not have eminent domain authority which sent legislators into overdrive. 

The proposal floating around would require an oil and gas comapny to get approval from:

  • The head of the state Department of Health and Environmental Control
  • The head of the  Public Service Commission (its  7  members are elected by the Legislature)

Augusta Chronicle

Eminent Domain Use. Interview Question for New Texas City Manager.

During the vetting process, the new Ferris City Manager was asked about his stance on high speed rail, bouyed by allusions of the use of eminent domain. 

Ellis County Commissioners Court opposes the high speed rail plan, in part because of the impact on farm land and the use of eminent domain.

Sherman, the new city manager, said he will be too busy running the city to get into politics like high speed rail.

Waxahachie Daily Light

Virginia General Assembly Races Dominated by No Eminent Domain for Private Gain.

The use of eminent domain for private gain, or in other words, the use of eminent domain by private comapnies like pipelines or transmission lines is dominating state assembly races.

It’s not just Rs and Ds rebuking pipelines for different reasons. Rs support private property rights. Ds are exhibiting a greater concern for environmental issues.

But, it’s also Libertarians, who are actively and viably challenging Republicans. 

The News & Advance | Lynchburg VA

TX High Speed Rail Gets Influx of Funding. Opposition Grows Stronger. 2 Opposition Goals.

Rural opposition to high speed rail in Texas has a champion in the organization, Texans Against High Speed Rail. 

Opponents to High Speed Rail wants 2 wishes granted:

  • Greater Transparency in the process
  • No use of eminent domain, rural landwoners do not want to sell for “any price”
    • In 2015 Senator Kolkhorst authored SB 1601 to prohibit eminent domain for high speed rail

Dallas Morning News  Houston Press

State Agriculture Department Arms Farmers to Defend Against Eminent Domain from Pipelines & Transmission Lines.

New Jersey has the State Farmland Preservation Project. Farms that are active in the project are armed with information including:

  • that there is no eminent domain authority for electric utility and intrastate natural gas pipeline projects.
    • A “utility company cannot cross a preserved farm. “
  • public use projects that do qualify for eminent domain authority have to follow very specific compensation guidelines and that the project can approve or deny negotiations with a landowner.

NJ…