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NFIB makes 3 points on compensating business losses

  • It doesn’t matter if the condemning entity only wanted the land and not the business
  • A legal obligation exists to pay “full and perfect equivalent” of what is taken
  • This legal obligation includes when a business is taken

What legal case is involved? South LaFourche Levee District v. Chad M. Jarreau

Tell me what happened? 

  • A Levee District found land to be susceptible to storm surges and flooding
  • The district imposed easement restrictions 
  • The easement restrictions prohibit the…

U.S. Supreme Court to take up Eminent Domain Compensation this Term.

The case: Murr v. Wisconsin

The Compensation issue: Can compensation under eminent domain be impacted by a regulation. In the case, a regulation leads to the devaluation of contiguous property because it is owned by the same land owner.

9 States have taken the side of the property owner:  Nevada, Alaska, Arizona, Arkansas, Kansas, Oklahoma, South Carolina, West Virginia, and Wyoming

9 Other states have taken the side of Wisconsin: California, Hawaii, Illinois, Massachusettes, Maine,…

Rural Land Use. Solar Farms. 4 Legal and Legislative issues.

  • Solar Leases vs. Mineral Rights. A lease could put a landwoner in conflict with mineral rights
  • Agricultural Tax Exemption Goes Bye Bye.  Solar farms do not qualify.
  • No Agriculture. Solar panels don’t allow for the same agricultural use of land that oil and gas and wind turbines allow.
  • No settled solar law. Oil and gas has 90 years of law and case law to settle disputes. Soalr is a new issue.

Texas Observer | A New Solar Rush Creates Legal Minefield for Landowners

The Federalists Are Coming after Pipeline Eminent Domain. Some say yes Constitutional. Some say, Not Constitutional.

  • Highlights the eminent domain prohibitions that passed in Georgia and South Carolina
  • Focuses on the unusual alliance of property rights advocates & environmentalists
  • Ilya Somin stresses that some pipeline use of eminent domain does meet constitutional muster.

Washington Post | Volokh Conspiracy | Federalist Society teleforum on pipeline takings

TREND. No eminent domain for private gain. State Supreme Court Strikes Eminent Domain for Private Companies

Which state: Pennsylvania

What did the PA Supreme Court say about eminent domain? That private companies that have eminent domain power that is excercised to support their private business is an unconstitutional of taking private land for a private purpose.

What were the specifics on the companies involved with eminent domain? Natural gas companies that stored natural gas on private land. 

Washington County Observer Reporter | Portions of Act 13 gas drilling law struck down as…

What you Need to Know. Eminent Domain Battlegrounds. The post-Kelo reformer coalition.

Which states are eminent domain battlegrounds? Georgia & South Carolina

Which issues are resonating?  prohibition on eminent domain exercised by or in support of private companies

Are there new, post-Kelo coalitions? Yes, property rights advocates + environmentalists

The primary eminent domain target? Pipelines

The answer for pipelines? Condemning in federal court, under federal laws that do not provide as great protection for landowners and may preempt state law

National Law…

TRENDING: Pre condemnation Access. Can a private company get access? A TX Court enters the fray.

The high speed rail project: Texas Central Rail, Dallas-Houston line

The court: a Harris County Court

The issue the court was considering: precondemnation access to land by the rail

Why landowners claim victory: The request for access to the land was withdrawn

Why high speed rail claims victory:  No meaningful decision was made by the court

Houston Chronicle | High-speed rail land dispute lands in Houston court

Southern State. County Resolution. No Eminent Domain for Private Gain.

The State: Tennessee

The County Resolutions: Urge the State Legislature to prohibit eminent domain to benefit private projects

Is this bigger than banning eminent domain for private entities? yes, it calls for a prohibition on government use of eminent domain to benefit a private entity

Jefferson County TN Standard Bearer | Carmichael re-elected as chairman

Eminent Domain to Stop a Land Owner from Selling on the Open Market? oui. si. yes.

I’m confused, what’s happening? Palo Alto California wants to use eminent domain to keep a mobile home park as a mobile home park

What does this do to the property owner? Prevents the owner from selling the land to a developer for other purposes

The public pupose asserted: Maintaining low income housing

Fox News | ‘Flatly unconstitutional’: Mobile park owners fight gov’t bid to block redevelopment