Eminent Domain Debate 2017. Hollywood with an Assist on the Big Screen

Making the film festival circuit this spring- the Suzette Kelo story starring Oscar nominee Catherine Keener.

The all American elements of the plot:

  • Lady owns a little pink house
  • Big Pharma wants to expand
  • Eminent Domain is used to take the pink house
  • Lady fights her way to the Supreme Court & loses but changes eminent domain laws throughout the country.

A film about outsiders fighting the system… Raging against the machine.

Hollywood Reporter | ‘Little Pink House’: Film Review | Santa…

3 Points. Eminent Domain. Legislative Priority.

What entity lists eminent domain as a legislative priority? Empower Texas

What 3 points do they point to as requiring eminent domain reform:

  • Private gain from eminent domain– whether it be private entities using eminent domain authority or local officials benefitting developers
  • Public Use should be roads, water lines or electricity, & not high speed rail developlment
  • Amoritization is just as bad as eminent domain.
    • ​What is amoritization? Changing zoning rules to deprive property…

Land Use Regs v.s Urban Growth. 3 Points from the Economists.

The Wall Street Journal looks at the tie between land use regulations and 

  • land use regulations drive up the cost of construction
  • higher construction costs limits new construction to luxury construction
  • the result: urban economic segregation

What protections do local governments say land use regulations provide:

  • preserve the historic charm of neighborhoods
  • ensure sunlight and fresh air can reach the streets
  • limit congestion on sidewalks, streets and public transportation

Wall Street…

How 1 Legislature Addressed. Redevelopment. Blight. Eminent Domain. Read the Legislation.

The State: Utah

The Legislation:  Senate Bill 151 from 2016 General Session

What Senate Bill 151 requires in a development and tax incentive deal:

  • If a taxing entity involved in an incentive deal wants to make a finding of blight, it must:
  • Form a committee with the other taxing entities
  • All the taxing entities must agree to verify the blight finding & agree to eminent domain.

Salt Lake Tribune | Op-ed: Data center is a sound investment in Utah’s future

Job Creation Leads to Eminent Domain Veto

Which governmental entity vetoed an eminent domain project? Outagamie County Executive 

What governmental purpose was the project fulfilling? A new Sheriff’s department facility

What was the reason for the veto? It came to light a private company would operate the facility and create 100 jobs

WeareGreenBay.com | Outagamie County Executive to veto eminent domain plan

3 Economic Impacts to City of New London, Post-Kelo.

  • The land taken for the infamous Kelo case, remains largely undeveloped and thus not an increased tax revenue source
  • The job creator, Pfizer, left before its property tax exemption expired, and would have increased its taxes by 400%
  • New London lost 1,500 jobs when Pfizer left

Legal Solutions via Reuters | TODAY IN 2005: SCOTUS DECIDES KELO V. CITY OF NEW LONDON

Lege Trend: Eminent Domain + Redevelopment + Blight = Property with lower than state average income.

Which large western state utilizes redevelopment agencies that have eminent domain authority? California 

When did redevelopment use of eminent domain slow? During the financial downturn

Which use of emient doamin garnered the ire of property rights advocates in California?

  • The use of eminent domain 
  • To transfer private property to another private party
  • The transfer, used by school districts & local governments, was to increase jobs or increase tax revenues

What’s the California…

INTERIM. 4 Ways Eminent Domain is Destroying Texas Landscapes

Let us count the ways that eminent domain is destroying land, irreplaceable landscapes and precious natural resources in Texas:

  • Private companies using land for profit
  • utilities and infrastructure running rampant
  • The proliferation of MUDs
  • MUDs serve private developers 

Wimberley Valley Watershed | How Eminent Domain Abuse is Destroying Texas’ Most Valuable Landscapes

INTERIM. Kelo Film at Cannes. Eminent Domain Movie in France. US Theaters Later this Year.

Little Pink House, a film starring an Oscar nominee, tells the story of Suzette Kelo and her eminent domain fight against the City of New London, CT.

 “This film tells the real-life story of Susette Kelo, a blue-collar woman who dared to stand up against white-collar powerbrokers, and Susette’s inspirational story is conveyed with power and grace by the wonderfully talented Catherine Keener.”

Theatrical release will be late 2016. 

Northernstars | News from Cannes