Welcome to the Future!
What’s a quick take? Once an eminent domain suit is filed, the entity exercising eminent domain claims ownership of the property.
Where is this Court that’s limiting quick take of property rights? Ohio
Is the court saying no quick take, that the courts have to decide before the property ownership can transfer to the condemning entity? No, the court says the Ohio constitution limits this ability to the taking of land for roads only.
How does this apply in Texas? In Texas, once an…
THE HOUSE INTERIM CHARGES
In the 1990s, Georgia wants to protect wealthy quail plantation owners from a new oil pipeline, so it passed new laws related only to oil pipelines.
What does an oil pipeline have to do that a natural gas pipeline doesn’t have to do for eminent domain approval? A pipeline that carries gasoline, diesel and ethanol must:
Has this been a hurdle? yes, it has stopped a pipeline by Kinder Morgan. The…
Memphis had been pushing forward with eminent domain for a project $37.8 million Raleigh Springs Mall redevelopment plan.
But, there’s a hitch. A council member who voted against funding the redevelopment plan with eminent domain was elected mayor.
The Commercial Appeal | Political shift could impact city’s Raleigh mall plan
The Blaze | Donald Trump Defends Eminent Domain — Here’s Why He Claims the Power Is ‘Needed’
What isssue was the Ohio Court reviewing? In Ohio, like many states, once an eminent domain petition is filed by the condeming entity, that entity gets the property. It’s called a “quick take.”
Did condeming entities win or landowners? land owners
What did the court say? Cities can’t quick take property for things that aren’t roads. So, no quick take for sidewalks.
What’s interesgting about the OH eminent domain laws? Ohio limits quick take eminent domain to “making or reparing…
The Texas Wildlife Association via the Hill Country Alliance raises the issue of private companies and eminent domain.
3 Points are stressed:
After a 3 month legal battle, the Houston church, represented by the Liberty Institute, announced that the Houston Housing Authority will not seek eminent domain action against the church’s land.
This leaves unanswered in Texas, which constitutional right trumps- freedom of religion or freedom from of having one’s property taken by the government. As loyal subscribers know, courts in other states have said religion trumps and have denied eminent domain.
A unanimous jury in Tarrant County found Texas owed Speedway Grapevine I LLC more than 16 times what it was compensated in an eminent domain proceeding.
Speedway Grapewine I LLC won a $4.5 Million judgment in an eminent domain suit.