Update: HB 565 Revoking Eminent Domain Authority

The toll road by a private corporation all but dead, this bill is hailed as the final nail in the coffin. The Texas Turnpike Corporation is the only private toll road authority in the state, having authority through a grandfather provision. Texas Tribune 

Previously On Information Intelligence: The Bill Filing

In 2014, a private tollroad corporation proposed new toll roa…

A Stadium Fit for Kings. Multi-Million Dollar Drama Fit for the Courts

A multi-million dollar courtroom drama over land value for the Sacramento Kings new stadium is brewing. 

Land values are differing by $25 Million :

  • Land investors/owners say the land value is $31.5 Million.
  • The City of Sacramento says its $6.3 Million. 

If the $25 Million gap in valuations wasn’t enough- the eminent domain process is further complicated by CALPERS being an investor in a segment of land. CALPERs values its land at $12.5 Million. <...

Eminent Domain & Stadiums: The Bills, The Kings, The Cowboys

The Buffalo Bills & Sacramento Kings both need new stadiums. Building new stadiums takes land. If negotiations fail, land is acquired via eminent domain. The Buffalo Bills prefer negotiations.

Buffalo would rather pay more in a neogtiation than use eminent domain, which leads to costly litigation.

There’s a list of professional sports stadiums that have used eminent domain, Texas makes the list:

  • Brooklyn Nets
  • Dallas Cowboys

adminPosted incompensation, economic development, private company

Lege Trend: Tea Party & Bipartisan Support for Eminent Domain Constitutional Amendment

What does the North Carolina Tea Party Backed, Bipartisan Supported, Constitutional Amendment do?

  • Prohibit condemnation of private property for any reason other than a public use.
  • Require just compensation when condemnation procedures are used, and
  • Allow for parties to demand a jury trial.

It has passed the NC House for 3 sessions, but stumbles with a 3/5ths rule in the NC Senate. adminPosted inactivism, compensation, legislation trend, private property rights

Lege Trend: Royalties to Landowner for Pipeline Easement

Massachusetts State Rep. Stephen Kulik, D-Worthington filed HD 3168 would require:

  • a 12.5% royalty on natural gas transported on a pipeline through the state; IF
  • the natural gas is later sold to a foreign country

Supporters Say:  “The idea is to reimburse people for the taking, because eminent domain is for the public good, not private profit. It’s one thing if it’s for domestic use, and another…

Bills Target Utilities.

In an effort to keep utilities off private lands for surveying, bills in Virginia look to reign in the ability to survey within eminent domain powers.  

Democrats are lining up to defend the utilities right to access private lands. Republicans are lining up on the other side. 

Republicans also want utilities with eminent domain authority subject to open records. Watchdog.org

Information Intelligen…

Eminent Domain is Needed. How to Stop Land Speculation in Eminent Domain.

A list of why eminent domain is necessary is not something that occurs with frequency. A law professor lists reasons why eminent domain is necessary in Detroit:

  • Eminent Domain worked in the past to build factories that still function
    • Look at the  GM Hamtramck Assembly Plant and the Chrysler Jefferson Avenue North Assembly Plant
    • Detroit has collected hundreds of millions of dollars of property and income tax revenue from the plants and their workers

Billboards & City of Houston In Talks

Billboards and the City of Houston have a long history. Like a love affair that thrives on disagreements. The love lasts, but it is a roller coaster.  

New movement in this relationship. The City & 3 billboard companies (Outfront Media, SignAd &  JGI) are in talks to address what the city calls, billboard blight. The bargaining chip offered by the CIty: 

  • Voluntary removal of billboards- Keep 1 sign for the next 20 years, if you remove 2 signs.

 

Legal Trend Meets LegislativeTrend: Land Owners Challenge Constitutionality. Later Challenge Eminent Domain.

Providing great material for 2015 bills in Texas, The Nebraska Supreme Court, making reference to Denbury, issued an opinion on the constitutionality of a pipeline certification.  Read More: Information Intelligence 

The Court said we don’t like it, but that pesky super majority threshold to declare the statute unconstitutional isn’t …