Welcome to the Future!
Michigan use to allow local governments to assemble land, with eminent domain powers, for economic development deals. Not so after Kelo and it hurt Detroit’s ability to make a deal with Jeep.
With eminent domain, acquiring land would be:
Detroit Free Press | Limits on Detroit’s use of eminent domain made Jeep deal much harder to do
This month the Texas Supreme Court ruled that local transportation projects are exempt from the 2005 Kelo fix to Texas eminent domain laws.
What part of the law did the Court find the exception in?
“[t]his section does not affect the authority of an entity authorized by law to take private property through the use of eminent domain for: (1) transportation projects, including, but not limited to, railroads, airports, or public roads or highways…”
So… what are legal types saying?…
Who: Amazon Headquarters 2
Where: New York
What: New York City officials and New York State officials pitch to lure Amazon included the use of eminent domain for prime real estate
What specific eminent domain offers were made?
In KMS RETAIL ROWLETT v. the City of Rowlett, the Texas Supreme Court this fall heard arguments over whether a road easement in a commercial development project violated the Texas Legislture’s legislative repsonse to Kelo v. City of New London.
The trial court and appellate court agreed that the roadway easement falls into a transportation exception on the prohibtion against eminent domain for economic development purposes in Texas Government Code Sec. 2206.001
What legislative fixes could…
The House passed a bipartisan HR 189 (115th Congress) that denies federal funds if a state or political subdivision uses eminent domain for economic development purposes.
WHERE: Illinois
WHAT: Condemning swaths of property as “blighted” to redevelop the property as higher tax revenue.
HOW is this happening when Illinois also prohibited eminent domain for economic development purposes? The blight designation in Illinois allows other neighboring, non-blighted properties to also be taken.
KPVI | Some Illinois cities eye eminent domain to boost revenue
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?
Testifying before the Texas House Land and Resource Management Committee, the Institute for Poilicy Innovation says private entities should have the power of eminent domain because:
Where is this election : Gilroy, California
Election for: City Council
what eminent domain tagline emerged? When a candidate suggested eminent domain to redevelop a downtown street, the respons was that “eminent domain is a politician solution”