Category Archives: easement

Legal TREND. Airspace Easements Taken with Eminent Domain.

What is an airspace easement? an easement taken by an airport 

What did this use of eminent domain give the airport? Access to the land beneath the airspace to trim trees

What legtislative issue emerged in the legal fight? The statute that provides for the Department of Transportation to take land for an airport but does not provide for the taking of land for an aviation easement (the easement for the air space above the land)

The Westerly Sun | Judge declines to dismiss lawsuit over…

Property Rights. New Study. Value to State of Conservation Easements.

The new study: Texas Land Trends report “Conservation Easements in Texas

The value of conservation easements in Texas:

  • bolster the $23 billion in cash receipts for agriculture
  • contribute over $100 billion annually to the food and fiber sector
  • provide over $63.1 million in agricultural commodities annually
  • potential to capture over 980,000 acre-feet of water annually, representing a $207 million water replacement cost savings per year
  • wildlife management increased by over 5.6 million acres…

Update of Final Version. Anatomy of a Bill that Sped up a Pipeline & Transmission Line Tunnel

As signed by Michigan’s Governor, SB 1197 (2018 | MI) will:

  • Include a plan for recruiting, training, and using Michigan workers for the tunnel project;
  • Allow for multiple utilities to use the tunnel;
  • Provide that the tunnel is built to last and will contain potential oil spills in the Straits of Mackinac;
  • Limit liability for the state, the authority, and members of the authority;
  • Require that all necessary government approvals be obtained for the tunnel;
  • Prohibit the use of eminent domain…

Legal TREND. 2nd Texas case. I-35 expansion. Jury Award = 8 times TXDOT compensation.

What land was taken? a 9,500-square-foot parcel that for 30 years operated as a salvage parcel

What compensation was given by the state? $65,000 and a new entry 110 feet away and shared by other retailers

What did the jury say?

  • the shared new drive created safety concerns and was not adequate compensation
  • the land ownrs are woed $500,000+

State of Texas v. Skyway Holdings LLC, No. 0015-04-083

Marrs Ellis & Hodge | Owners of Texas Business Win $500,000 Jury Verdict in Eminent Domain Dispute

Lege TREND + Legal TREND. Gov. Sues Attorney General over AG Opinion on Conservation Easements.

Where: Montana

What did this Attorney General Opinion say that prompted  a lawsuit by the Governor?

  • state land board is required to vote on all but the smallest conservation easements that state agencies proposed

Why is this a big deal?

  • Impacts a state program supporting Hunting & Fishing
  • Impacts private property rights by limiting use of ranch land

Missoula Current | Bullock sues AG Fox over approval authority for conservation easements

Campaign TREND. Buzzwords supporting eminent domain reform.

A West Virigina Congressional race features opposition to eminent domain for a pipeline with messaging that

  • shows conservatives and liberals agree in their opposition
  • the public sees no benefit when their land is taken for a pipeline
  • the public sees no benefit when, gasp!, the gas moves overseas

When is eminent domain permissible to the candidates?

  • “clear and strong public benefit”
  • no revolving door from oila nd gas agency oversight to oil and gas industry work

WVTF | 9th Congressional…

Lege TREND. Conservation Easements In the Blue Columbine State. 2 Reasons Bills are bad for Property Rights

Colorado’s proposed HB-18 1122, 1123, and 1194 are said to be bad for private proeprty rights because the bills would:

  • change conservation easements from private decisions to a government process
  • takes the decision making away from the landowner and gives it to the legislature

Journal Advocate | Letter: Bills threaten landowners’ privacy

 
 

UPDATE. 3 Legislative Fixes to Lege Trend. New Eminent Domain for Animal Poop Pipelines. The bill does what?!

South Dakota Legislature is considering HB 1184 (2018) that will move cow manure through new pipelines.

3 Legislative fixes to secure private proeprty rights have been suggested:

  • Provide for compensation to a landowner for the use of private property based on a royalty system
  • Require a legislative finding that “a private landowner’s property rights may be infringed in order to preserve the general public welfare (not private welfare.)”
  • Require the eminent domain process make a “finding that…

Legal Trend. What you need to know about Texas Cities Suing Over Right of Way Fee Caps

Why are cities suing?  The cap on the amount cities may collect per network node violates the state constitution & is only a fraction of what cities have been getting from private companies

Does a right of way, like a network node right of way,  have to be compensated? Yes. 

What do supporters of the law say?  “helps consumers and small businesses by improving the quality of the networks where they live, work and play.”

What do non-city opponents of the law say? The cap cuts out private…

Local Gov. TREND. Wisconsin County took what action to stop eminent domain?

The Wisconsin County: Wood County, WI

What did Wood County Board of Supervisors do? Pass a resolution calling on the Legislature to prohibit  a specific energy company from having the power of eminent domain

The Activists behind it: 80 Feet is Enough, who argue that the existing 80 feet of pipeline easement is enough, more land shouldn’t be taken

The Legislative goal: to give property owners the value of their land back

Wisconsin Public Radio | Wood County Passes Resolution To Keep Oil…