Author Archives: admin

Lege Trend: Limiting Eminent Domain for Electric Transmission

Missouri wants to block emiennt domain authority for Missouri electric transmission companies that do not contribute electricty to the regulated electric grid for the use of Missouians. 

To receive eminent doamin authority, the electric transmission compnay would have to demonstrate a need or benefit to Missouri.  Land woner groups, agricultural groups, and cattle groups support the bill.

Add it to the laundry list of new eminent domain regulations that reign in eminent dom…

Attorney Fees When the Condemning Entity Over-Litigates

Say you’re a property owner having your property taken by eminent domain. You file suit to protect your property from eminent domain, and then the condemning entity files motion after motion as an exuberant party. You pay your attorney to reply to each motion.

What happens when attorney fees are due to an overzealous litigant that is a condemning entity?

The Florida Supreme Court will rule on when attorney fees can be awarded for fees related to an overzealous, litigating c…

Lege Trend: 11 States Want to Block Federal Use of Federal Lands & Federal Water Rights.

Nevada Assembly Bill 408 would require that the Federal Government get state permission to use land within the state’s borders. It would also remove state water rights from the feds. It’s a big deal in a state where more than 80% of the land is federal. The impact to Area 51 is unknown at this time. 

10 states are following Nevada’s lead.

Cliven Bundy made a name for himself in a stand off with the federal government over ranch lands in Nevada.  

Posted byadminPosted inland use, legal trend, water

Pipeline Protestors Arrested. Sue Company that had them arrested.

The Texas pipeline proptests over TransCanada Pipeline are enough for a movie. Here’s the story:

  • Landowners and others protested the Trans Texas Pipeline in Texas (and elsewhere)
  • 3 peaceful protestors were arrested 
  • the 3 peaceful protestors sued the Sheriff Department that arrested them & TransCanada
  • TransCanada seeks a dismissal alleging that there is no proof that TransCanada’s agents or employees aided abuse of force by the sheriff departm…

Fight For Your Right to Party, Nay, to Property.

In tiny Eagle, Idaho, a business owner is fighting a blight designation for her property. The property has not, in the last 14 years, received a ticket or notice or fine. 

An Idaho Redevelopment Corporation wants her property for a parking lot and is trying to use a blight designation to get it. 

The business owner is a fighter. Sounding like 80s rock icons, she said, “My plans are still to continue to do what I think every American should do, fight for their property, figh…

The Infamous Kelo Property Revisited. Mayor Wants Kelo Park.

The Mayor of the City of New London wants to turn the property where the Kelo house stood to be turned into a park in honor of the residents whose homes were taken by eminent domain. 

Kelo’s house was taken for a economic development project that never came to full fruition. The Kelp land is ripe for something. 

The mayor’s campaign included these two issues:

  • The US Supreme Court was wrong in Kelo. New London should never have taken the land.
  • As mayor…

Legal Trend: No Talking About Eminent Domain. Eminent Domain is Fight Club.

The Institute of Justice is asking the US Supreme Court to reveiw a 4th Circuit Court of Appeals case that prohibits banners protesting the use of eminent domain. Why the hush-hush?

  • Central Radio had been in Norfolk for 80 years.
  • Norfolk Redevelopment and Housing Authority wanted its land and buildings for Old Dominion University
  • Central Radio put up a banner on its own property which read ” “50 years on this street/78 years in Norfolk/100 workers/Threatene…

A Mayor Hints at Eminent Domain Use for a Soccer Stadium

Soccer, the world’s version of football, necessitates stadiums for professional teams in the US. The District of Columbia’s professional soccer team, the D.C. United, is getting a new stadium once all the requisite land is acquired.

Negotiations between a landowner, who owns 2 acres of primo D.C. land, and the District aren’t going so well. At least not in terms of what matters- numbers.

As a result, the mayor keeps dropping hints that D.C. will use eminent domain. The mayo…

Pre-Condemnation Access. Cannot Take it for Granted. NFIB Lawyers on the Case.

A California Appellate Court ruled that pre-condemantion access to private property did not include environmental and geological testing.

The land at issue was to be part of a multi-million dollar water delivery project , the Bay Delta Conservation Plan, to divert water from the Sacramento-San Joaquin Delta to Southern California. 

National Federation of Independent Business attorneys have filed an amicus brief supporting the landowner and encouraging the California Supreme…