Welcome to the Future!
Where: Colorado
What form is this compensation for private property owners taking? An initiative proposal
Why compensate private property becuse of oil and gas drilling set backs? The Colorado Farm Bureau proposed the initiative because drilling setbacks are causing farmrs to lose out on mineral interst royalties.
The Fence Post | Colorado Farm Bureau proposes initiative to protect private property rights
Utah is considering HB62 which looks to re-define property valuation for eminent domain by requiring the value include:
In Iowa if a landowner challenges the value of a property taken by eminent domain, the land owner can have his or her attorney fees covered if he or she shows in court that their property was undervalued by at least $1.
Bristol Herald Courier | Sioux City, property owner battle over price for trail land
To determine just compensation for property taken by eminent domain in South Carolina, an appraiser determines the highest and best use of the land by:
Considering a “property’s highest and best use must be physically possible, legally permissible, financially feasible, and maximally profitable.”
Highest and best use applies even if the landowner has no intention of using his or her property in that manner.
Lexology | How “Highest and Best Use” Can Substantially Impact Just Compensation for…
Ohio lawyers are proposing an enforcement mechanism for bad eminent domain actors.
Why does OH need enforcement for coercive eminent domain? The law has no enforcement mechanism for the prohibition against coercive acts.
What’s the propsed enforcement for bad actors?
The public use:To build a rail spur
The land: 37 acres of Indiana farm land
The condemining entity and its compensation offer: St. Joseph’s County offered $344,000
The value awarded by the panel of 3 court appointed appraisers: $1.4 million.
Houston Chronicle | Land sought by Indiana county valued at 4 times county offer
The state that prohibits eminent domain with grant funds: Indiana
The grant funds that prohibit eminent domain: State Community Development Block Grant Main Street Revitalization Program, which requires local matching of $150,000 for a total $600,000 grant
The local government project that will use the grant funds: widen, replace and extend sidewalks in Georgetown, Indiana in connection with the River Hills Economic Development District and Regional Planning Commission.
Texas State Representative Ernest Bailes op-ed in the Houston Chronicle makes these points about a need to review eminent domain laws:
Houston Chronicle Op-Ed | Bailes: Eminent domain statutes need review to ensure fairness
House Committee on County Affairs
#7 Land Development & Floods. Evaluate whether counties have the necessary ordinance-making and enforcement authority to deal with flood risk in unincorporated rural and suburban areas of Texas. Additionally, examine whether counties have adequate resources and authority to ensure that new development in unincorporated areas is not susceptible to flooding.
House Committee on Energy Resources
#5 Wind Decommissioning & Property Rights. Examine how…
In an op-ed focusing on the willfull flooding of homes by the Army Corps of Engineers, Texas Seantor Joan Huffman makes these points about just compensation:
Houston Chronicle | Huffman: Homeowners deserve ‘just compensation’