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3 Take Aways from Eminent Domain Experts Opposing Sweeping Constitutional Changes for Eminent Domain. Be Informed.

  • Private Entities are the Target of Eminent Domain Reform. The concerns about eminent domain are generally not about the government snapping up pieces of property, it is private entities snapping up property using eminent domain as a tool
  • Public Use Needs to be Reformed.Re-defining public use does not require sweeping constitutional reform
  • Look to Justice Thomas Dissent in Kelo for answers. Just like Clarence Thomas says, when the Supreme Court analyzes whether a search warrant can get…

INTERIM Trend: Civil Asset Forfeiture. 3 Lessons from 1 State's Ban on Asset Forfeiture.

What’s civil asset forfeiture? According to supporters of the ban, people do not have to be convicted or even charged to lose their property when suspected of a civil offense

What state has experience with restricting civil asset forefeiture? New Mexico

What can we learn from New Mexico?

  • Apply reforms to civil, criminal, and municipal offenses
  • Whether police can finance departments through asset forefeiture
  • Wether the government has to bear the burden of proof for civil asset…

58% oppose Giving Land from Feds to States. 4 Points to Inform BLM versus Texas.

58% of people in the West, home to people like the Bundy Family, and independent minds, oppose giving control over land to States.

The details:

  • It’s the 6th year of the Conservation in the West poll, sponsored by Colorado College

  • 60% oppose selling “significant holdings” of public lands, such as national forests, to reduce the budget deficit.

  • Only Utahians supported giving states control. 47% to 41% support state control over federal land.

  • In Nevada, the epicenter…

Activist Trend: Organizing for Property Rights Gets Boost in Southern State.

Institute for Justice, the group that represented Kelo, is helping North Carolina landowners organize.

What concerns North Caolina Landowners? A small town was looking to redevelop.

Institute for Justice 

Previously on informedintel: Town of 10,000 Tries Redevelopment. Includes Eminent Domain. Lawsuit on Horizon. (November 19, 2015)

A small town redevelopment effort to revitalize vacant industrial property surprised city council members when it was revealed that the Institute for…

Lege Trend: If no Public Benefit to State from Pipeline, Levy a fee to compensate landowners.

Remember the idea of providing royalties to landowners from pipelines or toll roads? New hampshire has a new spin on this concept.

If a pipeline traverses and the product is sold elsewhere, then levey a 12.5% fee on the sale. Where does the 12.5% go? The fee is to be additional compensation for landowners who had property seized for right-of-way for pipeline construction.

Why does this matter in Texas? Bonjour Pecos Pipeline that is moving product from Texas to Mexico. There is a group…

Lege Trend. Redevelopment Costs 300 times.

Where’s this trend emerging? The Granite State. Home to hopeful Presidential foot traffic. 

Why the penalty for developers? To counter land being taken for economic development, a legisltive propsal in new Hampshire requires  developers to compensate landowners at a rate of 300% of the value of the taken land

Ledger Transcript | Bills Aim at Eminent Domain

Lege Trend: Require Private Entities to Buy All Property. No Easements.

Where is this trend emerging? New Hampshire. The Granite State. Home to Presidential hopeful foot traffic.

What is this anti-easement idea all about? If a pipeline seeks an easement, the land owner can  require that the entire piece of land be purchased. 

What’s the rational behind this ideaof requiring all the land be bought and not just a right of way? Landowners believe that pipelines negatively impact the value of their property. If the landowners no longer want to live on the…

Comptroller Touts Eminent Domain Database. 5 Points to Know Now. Fine Likely to Increase.

  • Comptroller sympathizes with land owners
    • ​“With 94 percent of Texas lands held privately, our citizens naturally feel a deep connection with the land they own. I’m one of them, farming land that’s been in my family since the mid-19th century.”
  • Minimal use of eminent domain passes muster with the Comptroller.
  • Most flagrant eminent domain abuse. The Bureau of Land Management’s seizure of farm lands on the border with Oklahoma. 
  • Transparency key to eminent domain.
  • The $2,000 fine…