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Cecil Bell believes eminent domain reform is a “constituent-driven dialogue”
His concern about eminent domain: ” got to do a better job as a state in trying to figure out how to balance between the intended very limited use of eminent domain and processes like that and where we find it being used today”
Let’s diagram State Representative Bell’s eminent domain concern:
In Iowa if a landowner challenges the value of a property taken by eminent domain, the land owner can have his or her attorney fees covered if he or she shows in court that their property was undervalued by at least $1.
Bristol Herald Courier | Sioux City, property owner battle over price for trail land
To determine just compensation for property taken by eminent domain in South Carolina, an appraiser determines the highest and best use of the land by:
Considering a “property’s highest and best use must be physically possible, legally permissible, financially feasible, and maximally profitable.”
Highest and best use applies even if the landowner has no intention of using his or her property in that manner.
Lexology | How “Highest and Best Use” Can Substantially Impact Just Compensation for…
Ohio lawyers are proposing an enforcement mechanism for bad eminent domain actors.
Why does OH need enforcement for coercive eminent domain? The law has no enforcement mechanism for the prohibition against coercive acts.
What’s the propsed enforcement for bad actors?
The elected official: U.S. Sen. Jeff Merkley (D-WA)
The project: Pacific Connector Gas Pipeline
What are the facts aroudn the pipeline?
Oregon Live | Op-Ed by Landowners | Blocking eminent domain for private gain: Guest opinion
The City: Adrian Michigan
The proposal: “permit[s] commercial medical marijuana facilities, including growers, processors, provisioning centers, safety compliance facilities and secure transporters”
The 4 reasons commisioners supported marijuana facilities:
Ecotourism: Wilderness operators in Canada are arguing for their private property rights for ecotourism.
Economic Impact: As the rights of ecotourism are challenged, investors are pulling their funds out of the Candaian wilderness.
Prince George Citizen | Wilderness operators demand property rights
What’s the land use proposal causing the gaffaw? Napa County may have a June 5 ballot initiative that would ban personal-use heliports on rural Napa County properties.
What are the private property rights arguments? Limiting the use of property infringes on private property rights
What is the current status of personal heliports in Greater Napa? allows personal-use airports and heliports with a county use permit
Napa Valley Register | Napa County private heliport measure supporters turn in…
The Professional Sports Team: Crew SC, an MLS team in Columbus OH
What is the basis for the eminent domain threat by OH’s Attorney General? “Art Modell Law” which Ohio passed after the Cleveland Browns moved to Baltimore
What does the Art Modell Law require? A professional sports team that receives taxpayer funds cannot move without approval of the city or without offering the team for sale
Fox 28 | Ohio Attorney General sends letter to Crew SC owner threatening to sue
Rhode Island wants to build a new PawSox stadium.
To get to a new stadium, legislators filed S-0990 & S-0989, that included funding requirements, new eminent domain provisions, and reworking the definition of blight.
Public input on the eminent domain provisions & transparency concerns raised by the State Republican Chair, led to the removal of new eminent domain and blight provisions.
RINPR | Revised PawSox Bill Steers More Revenue To Pawtucket; Outlook In RI House Uncertain