Category Archives: compensation

Informed Intel. TPPF. 7 Property Rights Recommendations. 2017.

TPPF’s “Legislators Guide to the Issues 2017-2018” offers these property rights recommendations:

  • Shift the burden of proof to the condemning entity thereby away from the property owner
  • Reduce deference to government decisions in property rights matters
  • Restore constitutional right to own and use property
  • Texas Real Proeprty Presenrvation Act should be applied to municipalities
  • Eliminate a threshold taking amount in the Texas Real Proeprty Presenrvation Act
  • Condemining entities should…

U.S. Supreme Court to take up Eminent Domain Compensation this Term.

The case: Murr v. Wisconsin

The Compensation issue: Can compensation under eminent domain be impacted by a regulation. In the case, a regulation leads to the devaluation of contiguous property because it is owned by the same land owner.

9 States have taken the side of the property owner:  Nevada, Alaska, Arizona, Arkansas, Kansas, Oklahoma, South Carolina, West Virginia, and Wyoming

9 Other states have taken the side of Wisconsin: California, Hawaii, Illinois, Massachusettes, Maine,…

Eminent Domain to Stop a Land Owner from Selling on the Open Market? oui. si. yes.

I’m confused, what’s happening? Palo Alto California wants to use eminent domain to keep a mobile home park as a mobile home park

What does this do to the property owner? Prevents the owner from selling the land to a developer for other purposes

The public pupose asserted: Maintaining low income housing

Fox News | ‘Flatly unconstitutional’: Mobile park owners fight gov’t bid to block redevelopment

Legal Trend. Major State Supreme Court. Compensation for Study and Assessment of Land.

The State: California

The win: Landowners who sought compensation for extensive geological and environmental testing that included:

  • multiple days of precondemantion access to land
  • over a two-year period
  • with the removal of soil borings to 150 and 300 feet

The public works project: A water tunnel under the Bay Delta as part of a new water delivery system

Matteoni, O’Laughlin & Hechtman | California Supreme Court Issues Major Ruling Regarding Landowner Compensation For Those…

INTERIM. 2 Reasons Economic Principles Do Not Support Just Compensation

  • Economic principles do not apply to eminent domain because there is no willing buyer and no willing seller involved in eminent domain
  • Behavorial economics loss aversion shows that people would pay less for other people’s property than they would accept as a purchase price for their property

Bangor Daily News | Eminent Domain, Just Compensation, and a Raw Deal for Homeowners

Eminent Domain for Reservoir. How a Legislature Bypassed Normal Eminent Domain to Save Funds.

Why are normal eminent domain laws being bypassed? Because eminent domain will be too costly and will take too long

What is the eminent domain project? A dam

Which legislature created this eminent domain loophole? North Carolina

What 5 things do we need to know about this work around to normal North Carolina eminent domain laws?

  • Quick take eminent domain was passed for this project
  • Quick take eminent domain allows the dam builder to take possesion of the land immediately
  • Quick…

INTERIM. Legal Trend. Improvement District Sues TXDOT. Win Increases Value by $3 million. 3 Key Points.

Why did the East Montgomery County Improvement District sue TXDOT? The board thought it was important to show a jury the loss of value in the land:

  • lost a great deal of functionality as a large event community center
  • Condemned property  included a parking lot that affects functionality
  • The State’s proposed remediation parking plan was inadequate to serve the district’s needs or that of the community
  • Condemned Property prohibits expansion of the districts education wing

What was…