Category Archives: compensation

Campaign TREND. Eminent Domain Compensation. Governor's Race. $23M eminent domain award.

Which Governor’s race? Nevada

How is eminent domain being used as a campaign attack on the Democratic candidate?

  • The Democrat candidate for Governor owned property that was involved with an eminent domain case concerning McCarren International Airport
  • The Candidate won an award of $6.5 million, + $8 million in interest + $2million in attorney fees
  • Clark County lost all appeals and ultimately paid $23 million

KNPR | Candidate For Governor: Steve Sisolak 

3 Reasons. Change of Heart. Colorado Eminent Domain Proposition from Oil and Gas + Farm Bureau.

The Colorado Gazette did a 180 on its position on the “private property rights” constitutional amendment 74, prop. 101, supported by the Farm Bureau and oil & gas interests.

The proposition question: “Shall there be an amendment to the Colorado constitution requiring the government to award just compensation to owners of private property when a government law or regulation reduces the fair market value of the property?”

Why the 180?

  • too broad that it threatens property rights
  • costly to…

TREND. Reform Eminent Domain. Save the Economy. Editorial.

A Colorado Editorial on propsoition, Amendment 74, calls for passage to save the economy, for these 3 reasons:

  • must do everything to protect property rights, or investors will not trust to invest
  • it will end activists and politicians from atacking property rights
  • no one should lose a private investment without compensation. Amendment 74 fixes this.

The Gazette | EDITORIAL: Pass Amendment 74 and save the economy

REFRESHING OUR RECOLLECTION ON AMENDMENT 74:

4 Reasons Colorado’s Eminent…

3 Problems with Eminent Domain in Texas. Hello 2019 Legislative Session.

Texas and Southwestern Cattle Raisers Association’s Opinion: Texas landowners subsidize pipelines and powerlines says this happens in 3 ways:

  • profits often outweigh the rights of landowners with some pipelines & transmission lines
    • agents may pocket any money budgeted that isn’t paid to land owners
    • disincentivizes fair offers to landowners
  • Intimidation. The team of lawyers of pipelines and transmission line companies
  • adequate offers are essential so landowners are treated like partners…

4 Reasons Colorado's Eminent Domain Proposition for Land Owners is Not Good.

The Colorado Municipal League opposition to  Initiative 108/amendment 74 is:

  • “taxpayers as a whole will suffer dramatically”
  • “tax dollars may go more toward fighting lengthy lawsuits”
  • municipal services would suffer- police, parks, trash service
  • it will “halt local government”

Post Indepdent Citizen Telegram | Proposed Colorado Amendment 74 ‘reckless and dangerous,’ say muni officials. 

ACTIVIST TREND. Regulatory Takings Reform. 2019. Texas. 4 Legislative Reforms.

  • Zoning should be a regulatory taking
  • Compensation should be triggered by any regulation that reduces propety value by 25%
    • Works in tandem with restoring a property right in property use
  • The Texas Real Private Property Rights Preservation Act should be amended to apply to municipalities
  • Condeming entities should be able to issue “waivers” that run with the property in lieu of financial compensation

 

Texas Public Policy Foundation Legislator’s Guide to the Issues 2019

ACTIVIST TREND. Private Property Eminent Domain Reform. 2019. Texas. 3 Legislative Reforms.

  • Shift burden of proof from land owner to condemnor
  • Reduce court deference to local governments and state agencies in proceedings
  • Restore a constitutional right to USE  property

TPPF Legislator’s Guide to the Issues 2019

Legal Trend. Pre-condemnation Taking. Pipelines. 2 Reasons Libertarians Side with Land Owners. WHO. WHAT. WHERE. IMPACT.

WHO: The libertarian Niskanen Center

WHAT: Libertarians, supporting landowners over a FERC permitted pipeline in a dispute over pre-condemnation access, offer these 2 reasons for siding with Landowners over economics:

  • DUE PROCESS FOR LANDOWNERS “No court has ever held that property owners can be forced to wait indefinitely for the constitutionally-required hearing on the taking of their land, and this Court should not be the first,”
  • FERCs approval process violates landowners’ constitutional…

Lege TREND. Compensation. 3 Ways 1 Bill Benefits Land Owners.

Michigan Legislature is considering HB4070 (2017-2018 | MI) which addresses land owner compensation in 3 ways:

  • Attorney Fees and Costs when a court determines a taking occurred
  • State Attorney General creates a list of governmental actions that results in a taking occurring
  • Can apply to rules, permits, applications and other governmental actions

Mackinac Center | House Bill 4070, Revise government eminent domain takings: Passed 76 to 31 in the House on March 28, 2017 

Campaign TREND. Ballot Proposition on Eminent Domain.

Colorado Secretary of State this week certified Amendment 74 that will:

  • ensure fair compensation
  • responds to punitive government action
  • protects all private property owners, including homeowners, businesses, farmers and ranchers, urbanites and suburbanites
  • will prohibit state or local governments taking their property by reducing its value without compensation

Valley Courier | Property rights initiative certified for November ballot.