States Rights Meet Eminent Domain. Congress Seeks to Block Transmission Lines.

“The Assuring Private Property Rights Over Vast Access to Land (APPROVAL) Act (H.R. 3062) directs:

  • the U.S. Department of Energy (DOE)
  • to obtain approval from a governor and state public service commission,
  • prior to approval of any Section 1222 transmission project and
  • subsequent use of federal eminent domain, as well as the approval of any tribal government for affected lands.”

Bill Text via CongressmanWesterman   AR RealEstateRama

Assessor Lowers Property Value. City Uses Eminent Domain to Take Property.

The tax assessor for Belleville, NJ lowered a property value from  $528,000 to $298,900 and then the city manager exercised eminent domain against the price-reduced property.

Belleville is a special case where the tax assessor and the city manager are the same person. Conflict of Interest? A glimpse into other property value manipulations throughout the country?

NJ.com

Fighting Blight with Social Impact Bonds (AKA Debt)

Richmond, California, home to eminent domain for underwater mortgages, is also home to a new bonding mechanism to fight blight.

In 2013, Richmond created “Richmond Community Foundation” which uses this bond mechanism for blight:

  • $3 million of social impact bonds to purchase, rehabilitate and sell blighted properties.
  • During a four-year revolving period, sale proceeds will mostly go to purchasing new properties; during the final year of the bonds’ five-year life, proceeds will be devoted…

Former Dallas Cowboys Real Estate Development = One Unhappy Landowner Facing Eminent Domain.

A Dallas man, who “wanted to stay where the hell he was and be left the hell alone,” is facing eminent domain to make way for a roadway for real estate development deal. That’s the jist of this Dallas Observer piece.

The piece says the public reason for the taking of his property is straightening an intersection 2 blocks away, but alludes to the real reason being a real estate development by former Cowboys.

Here’s what the landowner says transpired:

  • Dallas Public Works recommended taking…

Legal Trend: Pre-condemnation Access from the Buckeye State

11 Ohio counties are in the path of a proposed pipeline that has solidified citizen action in opposition to the pipeline.

The pipeline has been trying for 1 year to access property for normal pre-condemnation access to  properties. It hasn’t worked.

So, the pipeline filed suit, because people who are already heated over their desire to protect private property also love lawsuits. Not the best logic to gain support, but reasonable legal argument if public support is irrelevant.

What are…

Update: IA Eminent Domain Bill. 75% Land Must Be Acquired Through Negations.

Iowa was proposing that 75% of land for an eminent domain project be obtained with a willing buyer. The bill didn’t survive the legislature, but the author calls the session a success. The Iowa Speaker of the House says the issue will be back next year as vocal property owners are opposing pipelines in Iowa.   The Gazette

 

Information Intelligence May 21, 2015:

Willing buyers are a hot topic in eminent domain. No one wants to be forced into selling their property.  So, who doesn’t…

Private Property Rights. Water. The EPA. Texas takes them all to Court with help from a lot of friends.

27 states and state agencies, as well as 14 agriculture-oriented organizations, have filed lawsuits across teh country to block the EPA water mapping project. 

The EPA is seeking to map water flows, including mapping of low flow waterways on private property.

Louisiana, Mississippi and Texas filed suit in U.S. District Court in Galveston, Texas. Joining the suit in Galveston are: American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders…

Trend: Organized Protesting Eminent Domain Against Private Company

The  Iowa Citizens for Community Improvement joined a coalition called, Bakken Pipeline Resistance Coalition. It sounds like Occupy movement, which recently started promoting anti-eminetn domain causes, like this.

But, Iowa Citizens for Community Improvement is led by a 67 year old, retired former Department of Natural Resources official. 

The whole shebang is encouraging more private negotiations. Iowa posts online negotiated easements, and the company cites 60% of the land being…