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Republicans in North Carolina, where Republicans control a super majority in each chamber of the Legislature passed on an eminent domain proposition in favor of a right to hunt and fish ballot proposition.
The Hill | North Carolina GOP seeks to remake state Constitution; Dems see power grab
What use of eminent domain caused the legislation: A school disrict in Pennsylvania needed to expand and made an attempt to use eminent domain for open space land
What was the legislative response? Pennsylvnaia Legislature responded by enacting, and the Governo r signing, HB 2468 (PA | 2018)
What does HB 2468 (PA | 2018) prohibits eminent domain for open space unless:
Pennsylvania HB 2468 (2018 | PA) protects open space by making it harder to condemn land that is subject to a Conservation Easement.
How does this work?
State: Montana
What phrases does the Montana Constitution use for compensation for a taking by the power of eminent domain?
Key phrase Shorthand? Attorney fees, court costs, and full extent of the loss
Court of Appeals in Colorado established a test for whether a city may condemn open space land outside city boundaries.
The test to condemn:
law week colorado | Court of Appeals Gives Guidance on Eminent Domain
Court: Wisconsin Supreme Court
Question: If a city builds a bridge that blocks the view of a billboard, is that a taking of private property that merits compensation?
The Court: No compensation for a bridge that blocks a billboard
The billboard company argument: the business has been deprived of “all economically beneficial use”
Why is this not a compensable taking? the right to visibility of private property from a public road “is not a cognizable right giving rise to a protected…
The U.S. Supreme Court agreed to allow the case of an eminent domain protestor, who was arrested at a city council meeting, to proceed.
What is the eminent domain protestor claiming? That he has a 1st amendment right to protest
The city calling for no eminent domain for a pipeline: Enid Oklahoma
What the City Manager says about eminent domain for the water pipeline? “We don’t even mention that word.”
Will eminent domain be mentioned to any landowner? NO
Enid News and Eagle | City officials: Eminent domain will not be used in pipeline project
Court: Judge Caroline E. Baker, state district court judge in Harris County
What happened to get us into a court room? a Houston photographer’s claimed that UofH used his photogrpah of Houston in its materials without permission
What did Uof H argue to stay out of court? soveriegn immunity, represented by the Texas Attorney General’s Office
the court say? that the university cannot claim soveriegn immunity for the taking
San Antonio Express News | UH can be sued for using photo, judge…
City: Coppell
The short term renal ordinance passed by Coppelll City:
Coppell Gazette | Coppell City Council passes short-term rental ordinance