The Federalists Are Coming after Pipeline Eminent Domain. Some say yes Constitutional. Some say, Not Constitutional.

  • Highlights the eminent domain prohibitions that passed in Georgia and South Carolina
  • Focuses on the unusual alliance of property rights advocates & environmentalists
  • Ilya Somin stresses that some pipeline use of eminent domain does meet constitutional muster.

Washington Post | Volokh Conspiracy | Federalist Society teleforum on pipeline takings

TREND. No eminent domain for private gain. State Supreme Court Strikes Eminent Domain for Private Companies

Which state: Pennsylvania

What did the PA Supreme Court say about eminent domain? That private companies that have eminent domain power that is excercised to support their private business is an unconstitutional of taking private land for a private purpose.

What were the specifics on the companies involved with eminent domain? Natural gas companies that stored natural gas on private land. 

Washington County Observer Reporter | Portions of Act 13 gas drilling law struck down as…

What you Need to Know. Eminent Domain Battlegrounds. The post-Kelo reformer coalition.

Which states are eminent domain battlegrounds? Georgia & South Carolina

Which issues are resonating?  prohibition on eminent domain exercised by or in support of private companies

Are there new, post-Kelo coalitions? Yes, property rights advocates + environmentalists

The primary eminent domain target? Pipelines

The answer for pipelines? Condemning in federal court, under federal laws that do not provide as great protection for landowners and may preempt state law

National Law…

TRENDING: Pre condemnation Access. Can a private company get access? A TX Court enters the fray.

The high speed rail project: Texas Central Rail, Dallas-Houston line

The court: a Harris County Court

The issue the court was considering: precondemnation access to land by the rail

Why landowners claim victory: The request for access to the land was withdrawn

Why high speed rail claims victory:  No meaningful decision was made by the court

Houston Chronicle | High-speed rail land dispute lands in Houston court

Southern State. County Resolution. No Eminent Domain for Private Gain.

The State: Tennessee

The County Resolutions: Urge the State Legislature to prohibit eminent domain to benefit private projects

Is this bigger than banning eminent domain for private entities? yes, it calls for a prohibition on government use of eminent domain to benefit a private entity

Jefferson County TN Standard Bearer | Carmichael re-elected as chairman

Eminent Domain to Stop a Land Owner from Selling on the Open Market? oui. si. yes.

I’m confused, what’s happening? Palo Alto California wants to use eminent domain to keep a mobile home park as a mobile home park

What does this do to the property owner? Prevents the owner from selling the land to a developer for other purposes

The public pupose asserted: Maintaining low income housing

Fox News | ‘Flatly unconstitutional’: Mobile park owners fight gov’t bid to block redevelopment

Eminent Domain on Tribal Land halted. 3 Pieces Informed Intel.

What project using eminent domain is being affected? The Dakota Pipeline

What court is intervening to pause work on the pipeline while the legal issues are resolved? The D.C. Circuit

Why are we dealing with the D.C. Circuit? Tribal lands are sovereign lands.

Triple Pundit | Dakota Access Pipeline Halted as Court Reviews Emergency Appeal — But Protests Continue

New Eminent Domain Delicacy in the West. Estimated to Gobble Up 78% of Private Land.

Where: California

What is this new delectable eminent domain tool? community revitalization and investment authorities (CRIA) that allow local governments to redevelop land with eminent domain

The estimated threat of eminent domain: 78% of private property could be threatened by eminent domain.

Eminent Domain isn’t the only concern of property rights activists: If property is included in a CRIA the local governments can fund new bond incremental financing 

In 2011, CRIAs received…

Eminent Domain for Space Port? Probably Not, Peaches. Here is Why:

Where: Georgia

Why does the sapce port need eminent domain? Because of the frequency of launches, land surrounding the area may need to be condemned for safety purposes.

What state law impediment exists? In 2006, Georgia amended its eminent domain laws to require a public purpose, and it’s believed space travel does not meet that standard.

WABE Atlantat’s NPR | Safety, Legal Issues Could Ground Georgia Spaceport Plans