Trend: Texas Groups Opposed to Eminent Domain by Private Entities. 3 Point Message with 3 Targets

The Texas Wildlife Association via the Hill Country Alliance raises the issue of private companies and eminent domain.

3 Points are stressed:

  • That eminent domain is traditionally only exercised by government officials
  • That eminent domain must have public accountability (elected officials only?)
  • That Texas grants too many entities eminent domain authority. Specifically:
    • gas or electric corporations
    • groundwater conservation districts
    • common carrier pipelines.

Hill Country Alliance…

UPDATE: Houston Church Saved from Eminent Domain.

After a 3 month legal battle, the Houston church, represented by the Liberty Institute, announced that the Houston Housing Authority will not seek eminent domain action against the church’s land.

This leaves unanswered in Texas, which constitutional right trumps- freedom of religion or freedom from of having one’s property taken by the government. As loyal subscribers know, courts in other states have said religion trumps and have denied eminent domain.

Liberty Institute: Houston Housing…

Private Property Rights. Sharing Economy. Local Ordinance Hoopla.

Home sharing. Homeaway. AirBnB helps the local economy. According to an economic study by AirBnB, direct guest spending from guests accounts for $124 million  in the last year.

Austin ordinance was approved by committee in September 2015. The proposal requires full city council vetting.

Austin Business Journal | Airbnb fights back over Austin’s short-term rental rules

AirBnB Austin Economic Report

Land Rights Draws Droves of Philanthropists . 2 Reasons Why.

Why the draw to land rights? Recently a land rights group won the Hilton Humanitarian Prize of $2 million in unrestricted funding, which set the trend in motion

Why land rights? 

  • “land rights is access to education, food security, gender rights, human rights and then some, all rolled into one issue.”
  • Not owning land is the greatest indicator of poverty

Inside Philanthropy | Land Rights in Poor Countries Is a Hot Cause for More Funders. Here’s Why

 

 

How many homes taken Since Kelo? 20,000 per state. Disparate Impact to Minorities.

Yes, CATO estimates more than 1,000,000 homes have been taken since 2005 Kelo.

How did they get to 1,000,000+ homes if there is no national data base? CATO used the Census Bureau’s American Housing Survey.

CATO says the homes taken fall heavily on minority home owners.

  • 29% African American
  • 32% poor
  • Poor African Americans are 2 TIMES as likely to be displaced by eminent domain

CATO Institute | A Million Homes Taken Since Kelo

Lege trend: Limit Eminent Domain in Power Line Issues

What bill wants to limit eminent domain power in power line cases? Congressmen Boozman & Womack each filed the Assuring Private Property Rights Over Vast Access to Land, or APPROVAL, Act, which would rewrite Section 1222 of the 2005 Energy Policy Act

What is it they want to limit? Federal government eminent domain authority in power line construction.

Why do they want to limit federal eminent domain power? They want to shift leverage to the states in interstate power line…

Lege Trend: Public Use Moves to Public Necessity for Private Companies.

No eminent domain for private gain has been echoing around the country. What happened this week:

The Legislature raising public use standard: South Carolina

The Problem that sparked the legislation: A controversial pipeline that upset property owners but the company behind it said eminent domain would be used for about 1% of the project.

The Legislation :“A private pipeline company would have to show the line is a public necessity — meaning it’s vital to the welfare of the people…

No Eminent Domain Use unless Employer Stays| UPDATE to City to Use Eminent Domain to Retain an Employer

On Friday, Ocotber 23, 2015 St. Louis aldermen voted to approve eminent domain to retain a geospatial “spy agency” in St. Louis. 

  • In a vote of 19-5, they voted to use eminent domain against 19 properties
  • The city won’t use eminent domain unless it is chose for the $1.6 Billion development for the “spy agency”

St.Louis Post-Dispatch | Eminent domain gets the OK so St. Louis can try to keep spy agency

What city is trying to retain an employer by using eminent domain?

St. Louis may lose…

40+ Anti-Eminent Domain Petitions. 4 most popular eminent domain topics.

Move-On.org, home to online petitions, has 44 eminent domain petitions, the overwhelming majority oppose development.

The most popular anti-eminent domain sentiments:

  • No eminent domain for private gain (AKA no eminent domain for private companies)
  • Stop Pipelines
  • Stop Electricity Lines
  • Stop eminent domain for underwatr mortgages