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Lege Trend. From the East. Compensating for Appraisal Costs +More

Virigina Senate passed SB 2403 (VA | 2019) that would allow for an award of just compensation plus costs in eminent domain proceedings.

What is the bill author saying?

  • “The pipeline companies should not get preferential treatment under our condemnation laws,”
  • “level the playing playing field”
  • This helps ” the landowner, the small business, or the farmer if a pipeline comes across their land.”

Virginia Mercury | Bill meant to level the playing field for pipeline takings passes Senate

Legal TREND. A new Kelo? Introduce yourself, Knick…

 Knick v. Township of Scott, Penn.  argued before the US Supremes this week is eminent domain and tort reform all in one.

The question is- do property owners have to exhaust all state courts for remedies before they being a case in federal court.

If the answer by the Supremes is No, then say adieu to Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City. This is the case you hear about in evry legislative debate about eminent domain.

Why would Williamson County be…

Bill Ends Annexation of Agricultural Land

Forced annexation of agricultural land would end under House Bill 25 (ID | 2019)

This bill will:

  • Prohibit annexation of 5 acres
  • Unless the owner gives written permission
  • Clarifies that it applies “regardless of whether it is surrounded or bounded on all sides by lands within a city.”

Post Register | New bill would stop ‘forced’ ag land annexations

2019 Texas Legislature Eminent Domain Playing Field. Who is Where & What are all these Associations?

The 2 umbrella assocaitions in the bruhaha:

  • Texans for Property Rights “dedicated to protecting property rights”
    • Texas Farm Bureau
    • Texas Assoc. of Realtors
    • Texas Wildlife Association
    • Texas & Southwestern Cattle Raisers Assoc.
    • TWITTER  (October 2016)
  • Coalition for Critical Infrastructure ” help maintain Texas’ positive business climate and quality of life by addressing our growing need for roads and highways; oil, natural gas and water pipelines; electric transmission and…

Lege TREND. Quick Takes. Eminent Domain Just Compensation ACT.

Justin Amash (R-MI) filed the Eminent Domain Just Compensation ACT to prevent federal taking of land before final fair market value has been finalized.

So what would this impact?

  • potentially the amount of compensation for fair value determinations
  • when the land can be taken by the government
    • currently the land can be taken before a final determination of compensation
    • this bill requires a final determinationof compensation before the government can take possession (and presumably use) of…

Legal TREND. Reality Check. Eminent Domain and the Border.

The 5th Amendment to the US Constitution trumps any emergency declaration.

For the math nerds: Private Property Protection > Emergency Declrations. 

“Similarly, lawyers should be screaming, “The United States government does not have the capability of taking private lands on this scale because of limitations imposed by the Fifth Amendment.”’

Above the Law | Can All Lawyers Just Admit The Wall Will Never Be Built Because Of The Fifth Amendment?

 

LOCAL Trend. 4 years. 75% reduction in vacant buildings. 3 Steps.

In under 4 years, St. Petersburg Florida reduced the number of vacant homes by 75%.

How did St. Petersburg achieve this?  

  • Used courts to foreclose properties for unpaid taxes
  • Targets proeprties owned by absentee landlords
  • Then the city sells the property to:
    • nonprofit affordable housing developers for $4,000 or
    • sells the foreclosed properties at auction

Governing | To Fight Blight, One City Turned to Courts