The Winning Court Argument That Confirmed Eminent Domain Power for a Pipeline.

The Winning argument of the Pipeline: The pipeline is intrastate and not regulated by FERC. See, look here, Pennsylvanians get a public use/benefit. 

What’s the deal? Pennsylvania courts have been wrangling with whether a Sunoco pipeline qualifies for eminent domain. 

Why does Intrastate or Interstate matter? Eminent domain usually requires a public use or benefit. An interstate pipeline that doesn’t provide supplies to a state may not offer a public use or benefit, and thus has no…

Lege Trend: Civil Asset Seizure Reform in the Wolverine Homestate

Michigan legislature is moving a bill to refrom civil asset forfeiture laws that will:

  • Increase the burden of proof for police to “clear and convincing evidence,” that the property came from crime. Up from “preponderance of the evidence.”
  • Local police will be required to document the property they seize & their investigation with Michigan state police
  • Michigan state police will have to post online all civil asset forfeitures
  • Expanded to the number of crimes for qhich asset forfeiture…

Eminent Domain Campaign Kerfuffle Growing. 3 Points to Know Now.

  1. As a Florida state legislator, Rubio chaired a special commitee on Florida’s eminent domain laws.
  2. Rubio wrote the Florida eminent laws which he says protect private property, prevent eminent doamin for economic development & were awarded an A by the Castle Coalition.
  3. On Fox News on Tuesday, Trump called eminent domain “a wonderful thing”

Rubio took to Hot Air to respond, and the response is spreading. 

Roll Call | Rubio, Trump Begin to Spar Over Eminent Domain

International Business…

New airport runway + Eminent Domain = Lawsuit

Chicago O’Hare needed a new runway. To get land for the airport, the city used the treat of eminent domain.

The city assuaged the threat of eminent domain by “assuring residents that the construction “would not have a material impact upon their lives, property or neighborhoods.”

Residents filed suit alleging  that

  1. the city’s assurance that the volume of air traffic would not be signficiant was untrue
  2. The city trimmed neighborhood trees because the fight paths for the new runway were…

2nd Presidential Candidate Jumps on Anti-Eminent Domain Train. 3 Eminent Domain Proposals He Supports.

This week Marco Rubio joined Rand Paul in attacking Donald Trump’s view that eminent doamin is “a wonderful thing.”

Rubio touted his legislative work to support private property rights, including:

  • Private Property protections in statute and as constitutional amendment
  • Eminent Domain statutes should disallow transfer of property after it has been condemned to another private property owner
  • Private developers should not benefit from eminent domain

Weekly Standard | Rubio Hits Trump on…

Campaign Trend: Private Property Rights. Short Term rentals. The $3.6 Million + Local Election Issue

Air BnB is putting in $3.6 million to defeat San Francisco’s ballot proposition concerning short term rentals.

What’s the regulatory problem? The ordinance would restrict how often property owners can rent out their spaces and establish new mechanisms for enforcing those limits. 

What’s going on with supporters of this ordinance? They have about $200,000 & consist of national labor union, hotel workers, and the San Francisco Apartment Association.

The Recorder | Airbnb Digs Deep to…

Are ride share regulations a taking of cab property?

3 ride share drivers have partnered with the Institute for Justice to challenge Chicago’s “cab cartels.”

What did the cabs allege against the city ride share ordinance? That the ordinance amounted to a taking of their property which could have put the city on the hook for millions.

This week the federal judge ruled in favor of the ride share drivers by  throwing the cab claims that Chicago’s ride share ordinance amounted to a taking of the private proeprty against the city’s cab…

Pre-condemnation Surveying Challenged as Unconstitutional in Federal Court

Who is involved in this challenge to pre-condemnation access to land?  Atlantic Coast Pipeline and a group of landowners

What pre-condemnation is being challenged? A federal court looked at a state law that allowed a condemning entity, in this case a pipeline, to enter land it would otherwise condemn for the purpose of surveying the land.

What arguments did landowners make against pre-condemnation access? “state law violated the U.S. Constitution by taking their property, seizing their…

Stadium Building Led to Eminent Domain Lawsuit filed by City. City Issues Economic Development Press Release.

Washington DC is building a new MLS stadium. MLS is futbol –the world’s football. It’s played with a round ball, not a pointed oblong shaped object.

To build the MLS stadium, it needed to aquire land. Acquiring land isn’t always easy, and at times requires eminent domain.

To move forward with eminent domain, the city filed suit against land owners. The city then issued a press release that said the stadium will:

  • transform a neighborhood
  • generate hundreds of new jobs

DC.gov |  District…