Welcome to the Future!
How does a landowner whose land is in the path of a proposed water pipeline cause a legal quagmire? Create a special district- a Conservation District.
How do 2 special districts resolve eminent domain over another’s land? The courts are deciding whether the land can be taken.
What have the courts said about dueling eminent domain authority of special districts?The TX Supreme Court ruled in favor of the Conservation District lands on a procedural issue, and now the issue of eminent…
The city: Santa Monica, CA
The short term rental regulations:
the lawsuit: HomeAway & AirBnB sued in federal court asserting 1st Amendment free speech violations, violations of the Communications Decency Act & the 4th Amendment
Access the database here: Comptroller’s Online Eminent Domain Database COEDD
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By the numbers:
Presidential candidate Gary Johnson, the Libertarian, says on FoxNews that the litmus test for Supreme Court justices should be eminent domain.
The eminent domain trigger of choice: Kelo. Should eminent domain be used for economic development?
Gary Johnson Views Eminent Domain as Supreme Court Litmus Test | Libertarian Republic
The Number of Arrests: 38+
The Native American arguments against using eminent domain for the pipeline:
The number of courts involved:
Wall Street Journal | Pipeline Protests Bring Dozens of Arrests…
How are drones used? Drones fly over private property to collect 3D property mapping models to use in eminent domain litigation
How does this fit with juries? Juries can take virtual reality tours of the property to be condemned
Wisconsin Law Journal | Firm brings modeling into eminent-domain litigation
The local governmental entity: South San Joaquin Irrigation District
The private utility: PG&E facilities in Ripon, Escalon, and Manteca
The purpose for condemning the private entity: Saving the residents of the irrigation district at least 15%
Current status: In July the irrigation district filed eminent domain proceedings
The potential attorney fees: Looking for a guide to the Missoula, MT eminent domain acquisition of a water utility, attorney fees could be more than…
North Dakota in 2015 passed a bill prohibiting quick take of property for eminent domain. it was vetoed. An interim study was convened. Where are they now?
The State: Utah
The Legislation: Senate Bill 151 from 2016 General Session
What Senate Bill 151 requires in a development and tax incentive deal:
Salt Lake Tribune | Op-ed: Data center is a sound investment in Utah’s future
Yes, it was. State Representative Hitchens in a pipeline supporter & author of the 1 year ban on eminent domain.
Why? What pushed him over the edge? A private property rights supporter, a veteran, a retired law enforcement officer, a wildife supporter, and it had been 23 years since Georgia grnated private companies the power of eminent domain.
The 23 year time span since authorization was the tipping point? Partly, Yes. Technologies have changed on pipeline safety.
What landowner…