Eminent Domain Use. Interview Question for New Texas City Manager.

During the vetting process, the new Ferris City Manager was asked about his stance on high speed rail, bouyed by allusions of the use of eminent domain. 

Ellis County Commissioners Court opposes the high speed rail plan, in part because of the impact on farm land and the use of eminent domain.

Sherman, the new city manager, said he will be too busy running the city to get into politics like high speed rail.

Waxahachie Daily Light

Virginia General Assembly Races Dominated by No Eminent Domain for Private Gain.

The use of eminent domain for private gain, or in other words, the use of eminent domain by private comapnies like pipelines or transmission lines is dominating state assembly races.

It’s not just Rs and Ds rebuking pipelines for different reasons. Rs support private property rights. Ds are exhibiting a greater concern for environmental issues.

But, it’s also Libertarians, who are actively and viably challenging Republicans. 

The News & Advance | Lynchburg VA

TX High Speed Rail Gets Influx of Funding. Opposition Grows Stronger. 2 Opposition Goals.

Rural opposition to high speed rail in Texas has a champion in the organization, Texans Against High Speed Rail. 

Opponents to High Speed Rail wants 2 wishes granted:

  • Greater Transparency in the process
  • No use of eminent domain, rural landwoners do not want to sell for “any price”
    • In 2015 Senator Kolkhorst authored SB 1601 to prohibit eminent domain for high speed rail

Dallas Morning News  Houston Press

State Agriculture Department Arms Farmers to Defend Against Eminent Domain from Pipelines & Transmission Lines.

New Jersey has the State Farmland Preservation Project. Farms that are active in the project are armed with information including:

  • that there is no eminent domain authority for electric utility and intrastate natural gas pipeline projects.
    • A “utility company cannot cross a preserved farm. “
  • public use projects that do qualify for eminent domain authority have to follow very specific compensation guidelines and that the project can approve or deny negotiations with a landowner.

NJ…

States Rights Meet Eminent Domain. Congress Seeks to Block Transmission Lines.

“The Assuring Private Property Rights Over Vast Access to Land (APPROVAL) Act (H.R. 3062) directs:

  • the U.S. Department of Energy (DOE)
  • to obtain approval from a governor and state public service commission,
  • prior to approval of any Section 1222 transmission project and
  • subsequent use of federal eminent domain, as well as the approval of any tribal government for affected lands.”

Bill Text via CongressmanWesterman   AR RealEstateRama

Assessor Lowers Property Value. City Uses Eminent Domain to Take Property.

The tax assessor for Belleville, NJ lowered a property value from  $528,000 to $298,900 and then the city manager exercised eminent domain against the price-reduced property.

Belleville is a special case where the tax assessor and the city manager are the same person. Conflict of Interest? A glimpse into other property value manipulations throughout the country?

NJ.com

Fighting Blight with Social Impact Bonds (AKA Debt)

Richmond, California, home to eminent domain for underwater mortgages, is also home to a new bonding mechanism to fight blight.

In 2013, Richmond created “Richmond Community Foundation” which uses this bond mechanism for blight:

  • $3 million of social impact bonds to purchase, rehabilitate and sell blighted properties.
  • During a four-year revolving period, sale proceeds will mostly go to purchasing new properties; during the final year of the bonds’ five-year life, proceeds will be devoted…

Former Dallas Cowboys Real Estate Development = One Unhappy Landowner Facing Eminent Domain.

A Dallas man, who “wanted to stay where the hell he was and be left the hell alone,” is facing eminent domain to make way for a roadway for real estate development deal. That’s the jist of this Dallas Observer piece.

The piece says the public reason for the taking of his property is straightening an intersection 2 blocks away, but alludes to the real reason being a real estate development by former Cowboys.

Here’s what the landowner says transpired:

  • Dallas Public Works recommended taking…

Legal Trend: Pre-condemnation Access from the Buckeye State

11 Ohio counties are in the path of a proposed pipeline that has solidified citizen action in opposition to the pipeline.

The pipeline has been trying for 1 year to access property for normal pre-condemnation access to  properties. It hasn’t worked.

So, the pipeline filed suit, because people who are already heated over their desire to protect private property also love lawsuits. Not the best logic to gain support, but reasonable legal argument if public support is irrelevant.

What are…