compensation – InfoHive – Eminent Domain

Local TREND. 2 Ways Eminent Domain Hampers Economic Development.

Michigan use to allow local governments to assemble land, with eminent domain powers, for economic development deals. Not so after Kelo and it hurt Detroit’s ability to make a deal with Jeep.

With eminent domain, acquiring land would be:

quicker
cheaper
makes rural and suburban areas more competitive for big economic development deals where land is easier to acquire

Detroit Free Press | Limits on Detroit’s use of eminent domain made Jeep deal much harder to do

Legal TREND. The Next Kelo: Build First, Pay Later Takings

What do I need to know: The US Supreme Court is considering a case concerning a Pennsylvania pipeline built by Transcontinental Gas Pipe Line Company (Transco) and landowners Gary and Michelle Erb

Why is this like Kelo? Its another case brought by the Institute for Justice on behalf of a landowner

Forbes | The Supreme Court Should End Pipeline Companies “Build First, Pay Later” Use Of Eminent Domain

Lege TREND. Requiring Landowner Compensation for Local Ordinances. State Declared Inverse Condemnation.

Where: Pennsylvania

The Legislation: HB 827 (2019 | PA)

What would it do? Require the Delaware River Basin Commission to compensate landowners for economic losses stemming from a ban on natural gas fracking

KYW | Pa. House debates bill to require compensation if DRBC bans fracking

Editorial. 3 Reasons Texas Needs Eminent Domain Reform.

San Antonio Express News Editorial, Eminent domain law reform needed, says these are the reasons texas needs eminent domain reform:

Texas is going to face a lot of eminent domain in our growing state with its growing energy industry
there are a lot of property owner horror stories
let’s be fair, there is no harm in transparency

Lege TREND. Compensation Calculation Built on Rebuilding. New. Interesting.

Alabama’s HB 38 (2019 | AL) would define compensation for eminent domain purposes as:

“wholly reconstruct the existing property as it exists” at the time it is valued by an assessor.”

AL.COM | Mobile launches a ‘game changer’ with inaugural departure from Downtown airport

Lege TREN. 2 Reasons Texas Eminent Domain will Increase Energy Costs

The Consumer Energy Alliance says SB 421 (2019 | TX) could increase energy costs by:

Pipelines will cost more to build
The increased cost of pipelines, and delays in building pipelines, will raise feul costs

San Antonio Express News | SB 421 may cause spike in energy costs

Lege TREND. Repurchase. Anatomy of a 1960s land purchase not used for a public use

Where: California

The public purpose: CalTrans construction of the I-710 freeway

The property taken: residences

What is the repurchase price? The 1963 eminent domain acquired price range from the mid-$20,000’s to mid-$30,000’s.

How under market value is this? roughly $970,000 under market value

Pasadena Star News | Renters of Caltrans-owned homes in South Pasadena get to buy them $970,000 below market

Lege TREND. Taxes on Land Taken by Eminent Domain.

Is providing tax relief when land is taken by eminent domain unusual?

No, the IRS provides for it as well allowing for any gains to be rolled into similar investments without incurring an immediate tax on the gains.

Business Advocate | Virginia exempts gain from eminent domain condemenation from its income tax

Refreshing Recollection:

Lege TREND. Tax Breaks When Your Land is Taken By Eminent Domain

The Bill: Virginia’s SB 1256 (VA | 2019)

Would provide a tax break for any gains on a…

3 Reason Eminent Domain Works for the Takers of Texas Land.

The Texas Farm Bureau President states his case by riasing these 3 points:

Private Entities. 1271 non-governmental entities have eminent domain authority
Transparency. those 1271 do not have the same transparency rules of local governments
Unfairness. No fairness when landowners are forced to sell. More good faith. More just compensation.

Houston Chronicle | Opinion | Eminent domain works in Texas — for the takers [Opinion]