Trend: Eminent Domain Reform. Private Entities Using Eminent Domain in Crosshairs.

South Carolina’s 2016 legislative session and eminent domain reform is on the list.

What group is targeting eminent domain by private entities? The Republican Caucus for the South Carolina House.

What reforms do South Carolina Republicans want?

  • tighten public use so that land “will never be diverted to private control”

Bluffton Today | What to expect in the next session

How a $244K property payment by a Sewer District became a $12M property owner award + $4M in attorney fees.

What’s this eminent domain case about? New York’s Rockland County Sewer District No. 1 needs to build a new wastewater treatment facility & sought to acquire 21 acres.

What did the court decide? The property is worth $8,100,000 plus $4,762,187 interest, a total of $12,877,061. PLUS, the court awarded $$3,375,000  in legal and appraisal fees.

What did the sewer district estimate the cost of the project to be?  $72 Million. After this court case, the project estiamte is $181…

Hess Triangle. How Eminent Domain Battle Created NYC's Smallest Piece of Property. Hint: Check Your Property Surveys Before you Condemn.

What’s Hess Triangle? A triangular piece of property that is 25.5 inches by 27.5 inches by 27.5 inches. 

What? How can this two foot triangle exist as private property in NYC? Go to corner of Seventh Avenue and Christopher Street and you’ll see it

How did this small piece of property emerge from an eminent domain fight? In 1910, NYC was extending the Seventh Avenue Subway Line. A property owner named Hess owned a 5 story building in the path of the new subway extension.

What did the…

4 Takeaways from an Activist Private Property Rights Group

Where is the private property rights group forming? Mt. Airy North Carolina

What type of project sparked the group’s formation? A local redevelopment plan

What’s the group’s goal? To remove private property from the local redevelopment plan

Why? The local government’s plan to redevelop land that it holds, expanded to include private property of a former city council candidate

What concerns about eminent domain does the group have?

  • That the use of eminent domain will result in…

4 Reasons Midwestern Elected Officials Oppose Eminent Domain for Transmission Lines. Localizing Public Benefit.

State Rep. Grassley, grandson to US Senator Grassley, has 2 points to make to a clean energy line that wants to use eminent domain in Iowa:

  • The Iowa Utilities Board has told you 2 times that eminent domain cannot be separated from your permit application
  • If you don’t allow Iowans to plug in, you’re not a utility & therefore don’t deserve eminent domain powers
  • Missouri also denied your transmission line request (our numbers are growing)
  • We’re also watching your attempt to end run the…

Eminent Domain Trends in Presidential Election: Trump Loves Justice Thomas. Thomas Doesn't Love Kelo. Trump Longingly Loves Kelo.

In South Carolina Trump shared his opinion of Supreme Court Justices. In short:

  • Roberts, not so much love
  • Thomas,  lots of love

Reason took the opportunity to point a slew of inconsistencies:

  • Thomas wrote a strong dissent to the controversial, and much maligned, Kelo decision
    • Tomas wrote, “It [the majority opinion] encourages ‘those citizens with disproportionate influence and power in the political process, including large corporations and development.”
      firms’ to victimize the…

INTERIM Civil Asset Forfeiture Yields $1M per year for 1 City. How 1 City Lost its Revenue & Ignored Reform Laws.

Civil Asset Forfeiture generates more than $1 million in revenue per year for The City of Albuquerque.

Is this $1 Million tied to convicted criminals? No. There were no criminal convictions for any of the affected property owners.

What does Albuquerque use the funding for? It pays the salaries of the people seizing the property. 

How did the program in Albuquerque go awry? A city attorney publicly referred to asset forefeiture as a ““gold mine” and property seized through civil…

Lege Trend: Constitutional Right to Attorney Fees in Eminent Domain

A state constitution guarantees attorney fees in eminent domain? Yes, the Florida constitution does.

What’s the goal behind this provision? A landowner should not be placed in a worse position after eminent domain

Can this provision go awry? Some Florida attorneys believe so.

What loophole exists for constitutional protection for attorney fees in eminent domain proceedings? When a condemning entity does not play fair and forces needless and endless litigation. The Florida courts…

What Happens when the Feds & a State Join Forces to Condemn City Owned Property

The Feds are using eminent domain? Where? The EPA supports  condemning  87 pieces of city owned property in Margate, New Jersey as part of Governor Christi’s Dune Protection Plan.

Any fireworks from Governor Christi? Yes, he called the city “selfish” for opposing his state beach protection plan

How do the Feds tie into this? Funding for the beach protection is coming from the $3.5 billion Hurricane Sandy aid bill

Philly.com | Margate, state argue over dune plan in court

Private Property Rights. Trend: Water Agencies Compel Owners to Fix Pipes. 1 Local Gov. Solution. 1 Statewide Legislative Solution.

Utilities are targeting  private property owners pipes to:

  • repair old and leaky  pipes
  • to prevent  big problems like sinkholes and overflows of sewage into waterways
    • which leads to water plants treating more water than necessary, and driving up costs for ratepayers

Why are utilities targeting the pipes that are out of their control?

  • water utilities are struggling to reduce costs
  • utilities are having a hard time complying with federal clean water mandates

What programs have…