The 10th Circuit said NO, a utility cannot condemn tribal lands.
The utilities say- the 10th Circuit ruling “threatens the national power grid by effectively blocking Congress’ authorization of condemnation of allotted tribal lands”
Monthly Archives: November 2017
This State's Counties Supporting No Eminent for Private Gain Legislation
Wisconsin Counties are passing resolutions to support legislation that would prohibit eminent domain for private gain.
Daily Jefferson County Union | Eminent domain reform reviewed
Lege Trend. Appraisals. Access to Appraise + Eminent Domain. Lessons from the Land of Cheeseheads
Wisconsin Governor Scott Walker signed Assembly Bill 480 that does the following:
- bars assessors from increasing the assessment of a property solely because the owner refused to let them inside
- gives owners who did not let assessors into their properties the ability to challenge their assessments
Wisconsin Assembly Bill 480 (2017)
Milwaukee Journal Sentinel | Wisconsin Gov. Scott Walker signs bill to expand property rights
Lege Trend. No Eminent Domain for Private Gain in a Lake Effect Snow State. Airports, Trains, Hospitals, oh my!
Illinois House Bill 4150 accomplishes two goals:
- limits the use of eminent domain to only public uses
- explicitly removes railroads from public use
If a private entity is involved in the project the following 6 steps must occur:
- the condemning authority must prove by a preponderance of
the evidence that:- (i) the acquisition of the property is necessary for a public purpose;
- (ii) the acquired property will be owned by the condemning authority or another governmental entity; …
Legal Trend. What you need to know about Texas Cities Suing Over Right of Way Fee Caps
Why are cities suing? The cap on the amount cities may collect per network node violates the state constitution & is only a fraction of what cities have been getting from private companies
Does a right of way, like a network node right of way, have to be compensated? Yes.
What do supporters of the law say? “helps consumers and small businesses by improving the quality of the networks where they live, work and play.”
What do non-city opponents of the law say? The cap cuts out private…
PA Bill to Fund Blight Clean Up. 1 New Fee. 3 Reporting Requirements for Local Government.
PA Act 152 (2016) allows local governmental entities to implement a fee on the recording of deeds and mortgages in certain counties.
The fee will be dedicated to the local governmental entity’s county demolition funds.
The fee cap: $15
Requirements on local governmental entities that create a demolition fund:
- Annual report to the Department of Community and Economic Development detailing:
- how the revenue will be spent
- how many properties will likely be demolished
- any other…
Transmission Company Denied Eminent Domain. How did it build its lines?
Background: In New Hampshire the Legislature specifically denied eminent domain authority to the Northern Pass transmission line.
The Northern Pass Line was built by: obtaining lease with a sister company operating an existing transmission corridor that slices north-to-south throughNew Hampshire
Lege Trend. Requiring Cities to Include Private Property Rights in Their Development Plans. Read the Bill.
First comes statewide tree ordinances and then come broad private property rights requirements in local governmental entity development plans.
Florida’s HB 207 (2017) would require:
- require the protection of private property rights in local government comprehensive development plans
- require a 4 point analysis for local government action:
- “Consideration of the impact to private property rights of all proposed development orders, plan amendments, ordinances, and other proposed…
Unusual Eminent Domain Bill. States Buying Professional Sports Franchises.
In 1984 the Maryland Senate passed a bill allowing the state of Maryland to use eminent domain to acquire the Colts.
Why did Maryland want to buy the Colts? To prevent the franchise from leaving.
Did it work? No, before the Maryland House could pass the bill, the owner struck and deal and moved the team to Indianapolis.
Columbus Dispatch | Michael Arace | Powerful are complicit in Crew move; it’s how the game is played
Private Property Rights. Texas Builders Pushing Against Sprinkler Regulations. 3 Bits informed:intel
Which Texas official is for sprinklers in every residential property? Texas State Fire Marshal
What are the policy agruments of builders?
- Home owners should be able to choose
- Texas property values are strong because property remains affordable
What event can supporters point to?
- A fire that took the life of a former Colleyville, TX mayor and his grandson with a brain injury
- The mayor’s son believes his son and father would be alive if there had been sprinklers installed.