TREND. Swing States Unite for Property Rights. Private Entities Be Wary.

Which 2 swing states are propping up property rights? PA in Robinson Township v. Commonwealth & OH in Kinder Morgan utopia v. PDB Farms 

How are these states at the forefront of property rights trend? Courts in each of the state’s have denied private businesses from using eminent domain when no public benefit exists

What’s the kicker on public benefit? Both of the projects denied eminent domain authority were moving goods over a common carrier to Canada with no facilities in the…

Legal Trend. Ohio Follows Pennsylvania–a phrase not just for Presidential Elections.

An Ohio Court has stopped the power of eminent domain for a pipeline in Ohio based on this rational:

  • The pipeline is benefiting 1 manufacturer, not a common good
  • The pipeline benefit is in Canada and not in Ohio

Sandusky Register | Ruling could help farmers battling pipelines

Eminent Domain on the Radar. Far West Texas.

The project that seeks the authority of eminent domain:  A new stadium in El Paso

What a real estate developer says:

  • The City of El Paso holds all the cards in the negotiation
  • The property isn’t valued for its future value but is valued based on current value without regard to future development

What the city says:

  • Doesn’t think eminent domain will be used

ABC 7 KVIA | Real estate broker, property owner shed light into eminent domain process

CBS 4 El Paso | Council passes arena…

+1 Denial of Eminent Domain. No Public Use in Exports.

Where: Ohio

Who or what denied eminent domain authority? A state judge

What project was denied eminent domain authority? A pipeline that would move natural gas froma  shale region in Ohio to a facility in Canada

Why wasn’t public use of benefit met? Because the benefit from the poeject was found to be the end point of the pipeline in Canada. The jobs created in Ohio were not persuasive to the court.

The Toledo Blade | Wood County judge nixes pipeline builder’s eminent domain plans

Informed Intel. TPPF. 7 Property Rights Recommendations. 2017.

TPPF’s “Legislators Guide to the Issues 2017-2018” offers these property rights recommendations:

  • Shift the burden of proof to the condemning entity thereby away from the property owner
  • Reduce deference to government decisions in property rights matters
  • Restore constitutional right to own and use property
  • Texas Real Proeprty Presenrvation Act should be applied to municipalities
  • Eliminate a threshold taking amount in the Texas Real Proeprty Presenrvation Act
  • Condemining entities should…

Eminent Domain + Abandoned Properties = Resell for Local Government Revenue

Where is this happening? Atlantic City, NJ

What is Atlantic City doing with abandoned property? taking over abandonded property using eminent domain

Is the city keeping the property it takes by eminent domain or reselling it? Reselling it to developers

How does this fit with blight laws? It is “spot blight eminent domain” thereby instead of taking multiple parcels of land, it is specific abandonded parcels of land

Press of Atlantic City | Atlantic City to hold meeting on…

Editorial Proposes No Eminent Domain for Exported Goods

In a laundry list of pipeline reforms, a newspaper recommends prohibiting eminent domain when the public good is in whole or part exported. 

The targets: Private companies with eminent domain authority like transmission lines & pipelines

The Recorder | Greenfield Massachustees | Lets Fix Pipeline Review Steps

NFIB makes 3 points on compensating business losses

  • It doesn’t matter if the condemning entity only wanted the land and not the business
  • A legal obligation exists to pay “full and perfect equivalent” of what is taken
  • This legal obligation includes when a business is taken

What legal case is involved? South LaFourche Levee District v. Chad M. Jarreau

Tell me what happened? 

  • A Levee District found land to be susceptible to storm surges and flooding
  • The district imposed easement restrictions 
  • The easement restrictions prohibit the…