Quick Take Eminent Domain- Do the Required Condemner Funds in Escrow Belong to the Condemner or the Land Owner?

Background: In Florida to trigger quick take possession of land via eminent domain, the condeming entity has to deposit funds with the court.

Legal Fight Over Which Party Gets the Interest on Funds Held in an Eminent Domain case: 

  • The landowner wants the interest to fulfill the compensation owed
  • The Court of Appeals allowed 90% to be returned to the condemning entity

The Case:  Livingston v. Frank, 150 So. 3d 239 (Fla. 2d DCA 2014)

How is this relevant to Texas? The Texas Supreme…

Legal Trend: Eminent Domain at the Beach.

Background:

  • Gulf Breeze, Florida has a 50 foot wide, 15 feet long parcel that has been used fror beach access
  • The town wants to allow continued beach access, as it has for 50-60 years,  and seeks eminent domain
  • The 2 property owners involved counter and say that the city has failed to block access to private property

What the courts will look at:

  • Considering the long use of the property as beach acess, did the city acquire a legal easement?
  • If not, can eminent domain be used?

…

4 Ways a Legal Trend Pushed an Activism Movement that Forever Empowered Land Owners Against Pipelines.

  • Eminent Domain. Kelo. Lives. Limited Partnerships in pipeline development are still uneasy about access to land via eminent domain
  • Texas Rice Land Partners v. Denbury case empowered landowners to challenge pipelines
  • Legal Process means “significant legal costs and project delays”
  • Ted Cruz the face of Texas politics is no longer business conservatives but is a firebrand

Trib Talk  Bracewell & Giuliani | Obstacles to pipeline development highlight Texas’ conservative split

Golden State Supreme Court to Rule on Pre Condemnation Access. 3 Key Points & the Tie to Mexico Deregulated Market.

What’s the brouhaha? California Appellate Courts have split on how much pre condemnation access to property is permitted.

What’s the case awaiting oral argument in California? Property Reserve, Inc. v. Dep’t of Water Resources, No. S217738 Its about whether a water commission could enter lands for soil testing to further a water line.

Which way did the appellate court rule? The Court of Appeals sided with land owners that the pre-condemnation access was so extensive so as to trigger an…

Blight Fight via Tech. Low Cost Local Government Solution to Blight. 3 Things to Know.

How does a city figure out how many and which of its properties are blighted?

  • If the city is Mobile, Alabama, then it adopts Instagram
  • How did Mobile pay for this data driven blight program? 
    • Mobile won a three-year $1.65 million grant from Bloomberg Philanthropies
    • Created a municipal “innovation team,”
    • The innovation team is a handful of people who seek fresh, data-driven solutions to longstanding urban problems
  • What data does Mobile have on blight now?
    •  Old blight data…

Update to No Eminent Domain for Power Lines Legislative Trend. Counter Punch with Economic Boon.

To counter Arkansas’ Congressmen opposition to the Plains & Eastern Clean Line transmission line, which would run through Arkansas but not provide electricity in Arkansas, an economic study was released.

Who authored the economic study?  the Center for Business and Economic Research at UA’s Sam M. Walton College of Business

What economic boon for Arkansas did the report show?

  • 30 month construction period
    • $182 million in labor income
    • $664 in economic output
    • 693 indirect and…

Water Rights Meet Eminent Domain. Meet Farmers in Sooner State. 5 Points for You.

Farmers in Oklahoma are joining forces over the use of eminent domain to aquire water rights to allow for the sale of Oklahoma’s water. 

5 Points that will Make You the Expert.

  • Oklahoma sells water to Texas.
  • A grass roots group has emerged, Oklahomans for Responsible Water Policy
  • Grass Roots say farmers support granting eminent domain authority for water rights
  • Farmers say grass roots is wrong, that they are working for the best outcome for farmers 
  • How does this play in Texas? In…

307 Eminent Domain Actions. 1 Partial High Speed Rail in the Golden State

What project has triggered 307 eminent domain petitions? California’s first leg of the Los Angeles to San Francisco high speed rail.

How many acres does this represent being taken? Since December 2013, 307 eminent domain actions for high speed rail have accounted for 1,135 acres of land.

Which agencies approve the use of eminent domain for high speed rail in California? California’s General Services, Transportation and Finance departments

Fresno Bee | State churns more condemnation…

Federal Legislation Stops Agencies from using Eminent Domain.

Who filed a bill? Republican House Natural Resources Committee Chairman Rob Bishop, R-Utah

What motivated him?  Learning that federal agencies used 61% of the Land and Water Conservation Fund to acquire land

What is the agency response? “The Interior Department argues it doesn’t use eminent domain to grab up contested land, but rather as a legal tool to reach a price agreement with willing sellers. “

The draft Congressional legislation

Alaska Dispatch News | U.S . House seeks…

Town of 10,000 Tries Redevelopment. Includes Eminent Domain. Lawsuit on Horizon.

A small town redevelopment effort to revitalize vacant industrial property surprised city council members when it was revealed that the Institute for Justice is interested in the issue. 

The Institute for Justice represents land owners who are facing condemnation or forefeiture of their property. 

The Mount Airy News | Eminent domain issue sparks legal threat