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Ohio lawyers are proposing an enforcement mechanism for bad eminent domain actors.
Why does OH need enforcement for coercive eminent domain? The law has no enforcement mechanism for the prohibition against coercive acts.
What’s the propsed enforcement for bad actors?
The elected official: U.S. Sen. Jeff Merkley (D-WA)
The project: Pacific Connector Gas Pipeline
What are the facts aroudn the pipeline?
Oregon Live | Op-Ed by Landowners | Blocking eminent domain for private gain: Guest opinion
The Professional Sports Team: Crew SC, an MLS team in Columbus OH
What is the basis for the eminent domain threat by OH’s Attorney General? “Art Modell Law” which Ohio passed after the Cleveland Browns moved to Baltimore
What does the Art Modell Law require? A professional sports team that receives taxpayer funds cannot move without approval of the city or without offering the team for sale
Fox 28 | Ohio Attorney General sends letter to Crew SC owner threatening to sue
Why are cities suing? The cap on the amount cities may collect per network node violates the state constitution & is only a fraction of what cities have been getting from private companies
Does a right of way, like a network node right of way, have to be compensated? Yes.
What do supporters of the law say? “helps consumers and small businesses by improving the quality of the networks where they live, work and play.”
What do non-city opponents of the law say? The cap cuts out private…
Texas State Representative Ernest Bailes op-ed in the Houston Chronicle makes these points about a need to review eminent domain laws:
Houston Chronicle Op-Ed | Bailes: Eminent domain statutes need review to ensure fairness
House Committee on County Affairs
#7 Land Development & Floods. Evaluate whether counties have the necessary ordinance-making and enforcement authority to deal with flood risk in unincorporated rural and suburban areas of Texas. Additionally, examine whether counties have adequate resources and authority to ensure that new development in unincorporated areas is not susceptible to flooding.
House Committee on Energy Resources
#5 Wind Decommissioning & Property Rights. Examine how…
Minneapolis, MN recently adopted short term rental ordinances which will:
What’s the rush on the ordinances? The 2018 Super Bowl will be in the Twin Cities
No, a MUD cannot use its funds to replace vandalized mailboxes in its jurisdiction.
The Attorney General Opinion KP-0169 lays out which code sections that could be amended to include a MUD’s use of funds to repair or replace mailboxes:
TEX. WATER CODE§ 54.012.
TEX. WATER CODE§ 54.201(b), §54.236 and §54.242 add to the laundry list of specific revenues uses for MUDs
In an op-ed focusing on the willfull flooding of homes by the Army Corps of Engineers, Texas Seantor Joan Huffman makes these points about just compensation:
Houston Chronicle | Huffman: Homeowners deserve ‘just compensation’
The City: Sandy Springs, GA
How does this work in Georgia, where there is a separate eminent domain for the billboard? Georgia’s laws allow for billboard relocatation somewhere within 250 feet in lieu of an eminent domain reimbursement, if the city has a billboard relocation ordinance.
What has the city offered? A city ordinance that allows for billboard relocation if: