Property Value Decrease from Transmission Lines? Jury Says YES!

A Wichita Falls jury validated property owners’ right to collect reasonable damages when electric power lines lower the value of their land.

It boils down to a question of the value of the remainder of the land after every one agrees eminent domain is proper. 

The electric provider offered the landowner $140,000 for an easement 1.7 miles long, that bisects the landowner’s property.  The jury sided with the landowner appraiser who said the value is $393,165. 

Seizing a Billionaire Owned Land to Ensure Surfing Lives

Surfing is to Californians like guns are to Texans. You don’t mess with it. A California billionaire tried to block surfers from accessing killer waves off the coast of San Mateo County. It set off a fight.

The Californai Legislature, Courts, and now the California Lands Commission have all attempted to settle the disupted beach access. 

The California Lands Commission is mulling over using eminent domain to seize the surfer paradise from the billionaire. In 77 years, the C…

Lege Trend: Eminent Domain Compensation Includes Lost Profits for Business

Compensation is the hottest of hot topic in eminent domain. If eminent domain is a habanero pepper, compensation is a ghost pepper. 

Compensation gets tricker when talking about business property or property on which profits are made. How do profits factor into compensation, is at all?

Virginia is tackling how to factor in profit into compensation by proposing legislation to:

  • Eliminate damage to the residue (remainder) standard
  • Replace damage to the r…

A Stadium Fit for Kings. Multi-Million Dollar Drama Fit for the Courts

A multi-million dollar courtroom drama over land value for the Sacramento Kings new stadium is brewing. 

Land values are differing by $25 Million :

  • Land investors/owners say the land value is $31.5 Million.
  • The City of Sacramento says its $6.3 Million. 

If the $25 Million gap in valuations wasn’t enough- the eminent domain process is further complicated by CALPERS being an investor in a segment of land. CALPERs values its land at $12.5 Million. <...

Eminent Domain & Stadiums: The Bills, The Kings, The Cowboys

The Buffalo Bills & Sacramento Kings both need new stadiums. Building new stadiums takes land. If negotiations fail, land is acquired via eminent domain. The Buffalo Bills prefer negotiations.

Buffalo would rather pay more in a neogtiation than use eminent domain, which leads to costly litigation.

There’s a list of professional sports stadiums that have used eminent domain, Texas makes the list:

  • Brooklyn Nets
  • Dallas Cowboys

adminPosted incompensation, economic development, private company

Lege Trend: Tea Party & Bipartisan Support for Eminent Domain Constitutional Amendment

What does the North Carolina Tea Party Backed, Bipartisan Supported, Constitutional Amendment do?

  • Prohibit condemnation of private property for any reason other than a public use.
  • Require just compensation when condemnation procedures are used, and
  • Allow for parties to demand a jury trial.

It has passed the NC House for 3 sessions, but stumbles with a 3/5ths rule in the NC Senate. adminPosted inactivism, compensation, legislation trend, private property rights

TPPF on the Case of the Pipeline that Will NOT Pay the Judgment Against It

Information Intelligence has written about the pending TX Supreme Court case about a pipeline that owes a landowner a hefty judgment and hasn’t paid it. The case is gaining attention and momentum. TPPF weighs in on the case of the non-paying pipeline:

  • “…energetic property rights is what enables individuals to attain self-sufficiency and assert their independence…”
  • “Democratic government is not exempt from the temptation to circumvent the boundaries of private pro…

Royalties to be paid to Owners of Property Taken by Eminent Domain

Compensation of land owners is a common refrain in eminent domain debate. When property is taken by private companies, such as pipelines, the debate grows more intense. 

Massachusettes is considering a 12.5 percent royalty on any oil and gas transported in a pipeline through Massachusettes and ultimately sold to a foreign country. The royalty would be split amond land owners and is in addition to any compensation from taking of land through eminent domain.  adminPosted incompensation, legislation trend, pipelines/common carriers, private company

RRC Common Carrier Rules Could Benefit a Landowner Lawsuit

Landowners are on a winning streak with private property rights arguments in Texas courts.  Most wins occur when a private company, like a pipeline, uses eminent domain.  The murky territory of private companies acting like public entities. 

On December 18th, the Court of Appeals for the 9th District will hear oral arguments in a case between land owners and a pipeline. These landowners won with the Texas Supreme Court. The Supreme Court  sent common carrier standards back to the a…

Eminent Domain Fight Round 2 at the Texas Legislature

This week the Railroad Commission passed rules to address when eminent domain attaches to certain common carriers. The rules will become official March 1st. The fight is making a beeline to the Legislature, which historically favors private property rights. 

Background: This eminent domain fight began because of court cases, which sided with landowners & private property rights. Legislation moved forward in 2013, but died on an elegant point of order. [ adminPosted in2013 legislation, compensation, easement, legal trend, legislation trend, pipelines/common carriers, private company, private property rights, process & procedure, railroad commission