Legal Trend: 6 Month Beach Erosion Taking for Stormwater Drain. Ends with Big $ Win for Landowners.

Long Beach Township took property from 7 beach front owners for a storm water project. Long Beach Township asserts it did so because a state agency told it to do so. A natual reply as that explanation worked well with our parents as 9 year olds- so and so made me do it. 

The beach project was voided, a win for landwoners.  But, since an eminent domain qualifying project was involved, the state & local government were able to start accessing the property from day 1.

The landowners also…

TX High Speed Rail Gets Influx of Funding. Opposition Grows Stronger. 2 Opposition Goals.

Rural opposition to high speed rail in Texas has a champion in the organization, Texans Against High Speed Rail. 

Opponents to High Speed Rail wants 2 wishes granted:

  • Greater Transparency in the process
  • No use of eminent domain, rural landwoners do not want to sell for “any price”
    • In 2015 Senator Kolkhorst authored SB 1601 to prohibit eminent domain for high speed rail

Dallas Morning News  Houston Press

Update: IA Eminent Domain Bill. 75% Land Must Be Acquired Through Negations.

Iowa was proposing that 75% of land for an eminent domain project be obtained with a willing buyer. The bill didn’t survive the legislature, but the author calls the session a success. The Iowa Speaker of the House says the issue will be back next year as vocal property owners are opposing pipelines in Iowa.   The Gazette

 

Information Intelligence May 21, 2015:

Willing buyers are a hot topic in eminent domain. No one wants to be forced into selling their property.  So, who doesn’t…

Uniquely Austin Response to More Eminent Domain near the Convention Center

There’s a possibility eminent domain could be used for expanding the Convention Center. Perhaps maybe plus a whole slew of ther hedge words, eminent domain may be used for a project that includes a new Westin properties hotel on Ceasar Chavez near/linked to the Convention Center.

Naturally landowners and businesses are  opposed to the use of eminent domain, but then the story gets interesting.

The response from the city on whether eminent domain is very nuances, let’s look:

  • “explore…

Win for Raisins is a Win for Property Rights

Just Compensation for Raisins. Raisins Stand United. California rainsins grew up to be activists that won.

The US Supreme Court ruled in support of raisin producers this week by striking down a New Deal Era provision that allowed the FDA to take a certain portion of raisin crops to control raisin prices. 

The FDA exercised this taking in 2002-2003; opening the U.S. market up to foreign raisins.

Do you know where your raisins come from? The Supreme Court favors them coming from the US….

Relocation Costs. Some States have it. Some States Do Not. Some States Have it & Refuse to Pay.

Even states that offer relocation costs, don’t do it readily. In the case of Garden Gove, California, it took 2 judges to force payment of relocation costs to low income residents.

A mobile home park was taken via eminent domain to make way for the Great Wolf water park. Garden Gove is now ordered to pay  $141,540 to the displaced residents.

Orange County Register

Eminent Domain Costs for Stadium Building. Contract Terms.

DC United is building a new futbol stadium. For the American audience,  a futbol stadium is used for a sport that Americans calls soccer.  Now that we’re on the same page, stadiums are expensive.

In structuring the DC United Stadium deal, it calls for D.C. United to reimburse D.C. 50% of the excess cost (above $89 million on land acquisition and $61 million on land preparation) to a maximum amount of $10 million, paid in annual installments as part of the team’s ground lease.

…

Landowners Form Pipeline Rebellion; Get Assist From Landowner Owning 3 Newspapers.

This story has it all- united landowners upset by pre-condemnation access by a private company exercising eminent domain for a project that won’t produce a direct public use in some states the pipeline crosses.  As an added bonus, the Georgia Governor is openly opposed. 

Another Southern rebellion is afoot according to the Los Angles Times . Landowners in the South are joining forces to s…