Welcome to the Future!
State: Massachusetts
The legislation: The Comprehensive Adaptation Management Plan which coordinates the planning of projects state authorities led by the governor’s secretaries of Energy and Environmental Affairs, and Public Safety and Security.
The acquisition of property: Only from willing sellers
Utah is considering HB62 which looks to re-define property valuation for eminent domain by requiring the value include:
Add Monadnock, NH to the lsit of towns opposing eminent domain for pipelines in its area.
How did Monadnock get started on the no eminent domain resolution bandwagon? 2 years ago the town officially voted to oppose a natural gas pipeline
What action is it taking in 2018? a petition warrant article that opposes pipelines and specifically opposes the use of eminent domain for pipelines
Monadnock, NH Ledger Transcript | Town may ban pipeline forever
Where: Arlington, VA
What is the local ordinance? County government sought to require two signatures for a landowner to have a car on their property towed.
Which groups aligned against the local ordiannce to help landowners? The Arlington Chamber of Commerce sought to secure private property rights by ensuring effective parking management
What did the state law do? Retained the property owners ability to remive improperly parked cars on their private property & restricted local regulation…
Cecil Bell believes eminent domain reform is a “constituent-driven dialogue”
His concern about eminent domain: ” got to do a better job as a state in trying to figure out how to balance between the intended very limited use of eminent domain and processes like that and where we find it being used today”
Let’s diagram State Representative Bell’s eminent domain concern:
In Iowa if a landowner challenges the value of a property taken by eminent domain, the land owner can have his or her attorney fees covered if he or she shows in court that their property was undervalued by at least $1.
Bristol Herald Courier | Sioux City, property owner battle over price for trail land
To determine just compensation for property taken by eminent domain in South Carolina, an appraiser determines the highest and best use of the land by:
Considering a “property’s highest and best use must be physically possible, legally permissible, financially feasible, and maximally profitable.”
Highest and best use applies even if the landowner has no intention of using his or her property in that manner.
Lexology | How “Highest and Best Use” Can Substantially Impact Just Compensation for…
Ohio lawyers are proposing an enforcement mechanism for bad eminent domain actors.
Why does OH need enforcement for coercive eminent domain? The law has no enforcement mechanism for the prohibition against coercive acts.
What’s the propsed enforcement for bad actors?
The elected official: U.S. Sen. Jeff Merkley (D-WA)
The project: Pacific Connector Gas Pipeline
What are the facts aroudn the pipeline?
Oregon Live | Op-Ed by Landowners | Blocking eminent domain for private gain: Guest opinion
The City: Adrian Michigan
The proposal: “permit[s] commercial medical marijuana facilities, including growers, processors, provisioning centers, safety compliance facilities and secure transporters”
The 4 reasons commisioners supported marijuana facilities: