Monthly Archives: October 2015

2 National Eminent Domain Trends Arrive in Texas. Texas Farmers First to the Punch.

Farmers in West Texas aren’t pleased with pipelines that are being built to bring product to and from Mexico. The farmers focus on 2 national trends:

  • No Eminent Domain for Private Gain Mantra Arrives in Texas. “Eminent domain – I always thought was meant to be for the good of the people, for the benefit of the people. In this case, the only thing it’s for is the greed of the company.”

 

  • Big legal trend requiring that the public use or benefit accrue in the state permitting eminent…

West Texas Farmers 3 Concerns About Pipelines

  • Pipeline machinery are a nuisance to tranquil enjoyment and to cotton crops
  • Pipelines threaten lawsuits from the outset
  • Farmers fear retailiation by the pipelines

Farmers talking about a proposed west Texas pipeline that will bring products to Mexico.

AP via Washington Times | Some farmers in West Texas raise concerns about pipeline

Campaign: I am Only for Eminent Domain When it is used to Create Jobs.

In a Fox News Interview with Chris Wallace, Donald Trump clarified his position on eminent domain by saying:

  • “I’m only for eminent domainwhen it is used to create jobs.”
  • “…eminent domain is something you need.”
  • ” I think that would have been a good eminent domain because you would have provided thousands of jobs. And this is a woman who couldn’t have cared less about her house. All she wanted was money.”
  • On Keystone Pipeline he says:
    • “That’s a big economic development. But remember…

Private Property. Drones & Data Storage. A Legislative Trend.

Drones collect data. Data everywhere. Private data. Public Data.

Legislatures and local governments are focused on …How long that data is stored, under what conditions, and under what disclosure requirements is legislative fodder.

Are these private drones or public drones? Data release and data storage could apply to either. Here are 3 of the legislative questions:

  • Are there penalties for a person’s private drone that collects data of someone’s private property?
  • How long can law…

Public Use Question Stops Land Development on Unanimous Vote. 3 Reasons Why.

  • Does a development project, that receives, some public financing qualify the entity to use eminent domain in Arkansas?
    • No one at the Little Rock Tech Park Authority knew for sure.
    • But, a former elected official, of the Democrat persuasion, put of staunch resistance to eminent domain authority
  • What’s the problem for them with using eminent domain? 
    • Costs more money to use eminent domain than to negotiate
    • Any time spent in court fighting over eminent domain costs the project time and…

Private Property Rights & 2015 Senate Interim Charges. 6 Committees. 7 Interim Charges.

  • Senate State Affairs
    • Eminent Domain: Compensation provided to private property owners for property. Hello, fair market value that properties owners seek. 
  • ​Senate Natural Resources
    • Will peek into eminent domain when they look into federal regulations on new clean water plans. Rural folk don’t like  these federal regs that require mapping of small water ways on private lands.
  • Senate Criminal Justice
    • Civil Asset Forfeiture
  • Veteran Affairs & Military Base…

The Winning Court Argument That Confirmed Eminent Domain Power for a Pipeline.

The Winning argument of the Pipeline: The pipeline is intrastate and not regulated by FERC. See, look here, Pennsylvanians get a public use/benefit. 

What’s the deal? Pennsylvania courts have been wrangling with whether a Sunoco pipeline qualifies for eminent domain. 

Why does Intrastate or Interstate matter? Eminent domain usually requires a public use or benefit. An interstate pipeline that doesn’t provide supplies to a state may not offer a public use or benefit, and thus has no…

Lege Trend: Civil Asset Seizure Reform in the Wolverine Homestate

Michigan legislature is moving a bill to refrom civil asset forfeiture laws that will:

  • Increase the burden of proof for police to “clear and convincing evidence,” that the property came from crime. Up from “preponderance of the evidence.”
  • Local police will be required to document the property they seize & their investigation with Michigan state police
  • Michigan state police will have to post online all civil asset forfeitures
  • Expanded to the number of crimes for qhich asset forfeiture…