Author Archives: admin

Eminent Domain, a Retailer, & a Road. Public Use? Public Outcry.

Rowlett has a new Sprouts store. People need to get to the new store. Rowlett is considering eminent domain to access to the new location. This translates to acquiring private property to help people get to more private property. 

What’s the hiccup? 

  • If you ask the attorney for the property owners whose land may be taken says it’s: “Basically, what you would be doing is condemning one private property owner’s land to benefit another private property owner.”

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Eminent Domain to Retain Employers?

St. Louis is considering using eminent domain to retain a local employer, the National Geospatial Intelligence Agency. 

The Supporters Say:

  • The City will lose 3,000 high-paying jobs 
  • The City will see reduced tax revenue if the employer leaves
     

The Concerns:

  • Using eminent domain against homeowners
  • Locals want the area to remain residential, and not become commerical property

Posted byadminPosted ineconomic development, land use, legislation trend, private property rights

County Stops Pipeline. Private Company Crossing Private Lands Causes Concern.

A County in rural Pennsylvania is intervening to stop a pipeline that is proposed to cross private property. Amish are a strong stock. You don’t want to mess with them. 

20 of 26 townships also seek to stop the pipeline project after hearing tales about the impact of eminent domain proceedings against century old farms & decreasing property values. 

Stan…

Empower Texas Tackles A Water District with 4 Major Eminent Domain Woes

Empower Texas offers up a smorgasbord of eminent domain abuses by Tarrant Regional Water Board. The list:

  • Received expanded eminent domain powers through abuse of the local and consent calendar
  • The district’s majority financial focus is on economic development and not water, a public use
  •  The commissioners, who can vote in favor of eminent domain, had their terms extended without an election
  • Landowners in an eminent domain dispute uncovered eviden…

Most Popular Texas Eminent Domain Bill

One eminent domain bill is becoming a media darling: HB 565 by Burkett. The bill revokes eminent domain authority from a private toll company.

Here’s why Burkett says it is important: 

  • The problem is a private company overseeing a project with eminent domain authority (hello, pipelines, are you listening?)
  • If property is taken for public needs, it should be “fair and transparent”
  • Toll roads are wearing out their welcome

Posted byadminPosted in2015 legislation, activism, fairness, infrastructure building, pipelines/common carriers, private company, private property rights

Eminent Domain is Like Broccoli Cupcakes; Yuck. City Councils Vote Against It. Willie Sings in Opposition.

Eminent domain protests occur across the U.S.:

  • Dallas area saw eminent domain protesters shut down transportation proposals, and city councils vote ceremoniously vote against proposals.
  • The Dakotas held parades and Farm-Aid style concerts to shut down Keystone XL pipeline, which is now in litigation for eminent domain usage.
  • It’s been campaign fodder in Iowa, Tarrant County Water Board, and more…
  • This week protesters in Connecticut, the same sta…

Seizing a Billionaire Owned Land to Ensure Surfing Lives

Surfing is to Californians like guns are to Texans. You don’t mess with it. A California billionaire tried to block surfers from accessing killer waves off the coast of San Mateo County. It set off a fight.

The Californai Legislature, Courts, and now the California Lands Commission have all attempted to settle the disupted beach access. 

The California Lands Commission is mulling over using eminent domain to seize the surfer paradise from the billionaire. In 77 years, the C…

Lege Trend: Eminent Domain Compensation Includes Lost Profits for Business

Compensation is the hottest of hot topic in eminent domain. If eminent domain is a habanero pepper, compensation is a ghost pepper. 

Compensation gets tricker when talking about business property or property on which profits are made. How do profits factor into compensation, is at all?

Virginia is tackling how to factor in profit into compensation by proposing legislation to:

  • Eliminate damage to the residue (remainder) standard
  • Replace damage to the r…