Category Archives: infrastructure building

No Eminent Domain for Public Safety, Energy and Public Security in the Northeast. Read the Bill.

State: Massachusetts

The legislation: The Comprehensive Adaptation Management Plan which coordinates the planning of projects state authorities led by the governor’s secretaries of Energy and Environmental Affairs, and Public Safety and Security.

The acquisition of property: Only from willing sellers

Cape Cod Times | Author of legislation clarifies its intent

Massachusetts S 472 (2018)

Private Property Local Government Trend. Paying Property Owners to Go Green. Procurement Opportunity.

NYC Department of Environmental Protection has recommended a plan to pay private proeprty owners to go green. 

How would this work?

  • “ Restructuring water rates to shift costs to properties that generate relatively large amounts of runoff, and away from those that generate a relatively little.”
  • Contractw ith a 3rd party administrator for a Green Grant Program that would provide financial incentives to property owners that go green.

NRDC | Paying Private Property Owners in NYC to “Go Green”

 

County has to be Granted Quick Take Authority By the State for Each Project. Name the State…

…Illinois

For a county to build a connector road project, the county has to receive authority for a quick take eminent domain from the state.

Once quick take eminent domain authority is granted, the county has 1 year to exercise eminent domain.

Herald & Review | Macon County awaits state action on eminent domain authority

Texas ISD Apologizes for Eminent Domain Threat. 3 Pieces of Intel you need to Know.

The ISD: Dallas ISD

The eminent domain threat:  In Novmeber 8 businesses received letters from DISD chief operations officer with the subject line: eminent domain. The letter explained that the district is in the early stages of building a new school and may acquire their properties.

The apology: A trustee and the DISD COO both apologized to the businesses and local community in person at a public forum. 

Dallas Morning News | Dallas ISD backs away from possible school site,…

Texas Transportation Project Saying No to Eminent Domain. Yes to Profit Sharing with Landowners.

The start up:    Transonic Transportation LLC

The rail project:   A hyperloop connecting Austin & San Antonio

The use of royalties instead of eminent domain: Instead of acquiring land, the model involves giving dividends and profit sharing to landowners

The pro-private proeprty rights angle: Since hyperloop track would be build on pylons, there is no barrier to access to land, unlike when tracks are laid on the ground.

San Antonio Business Journal | Exclusive: Making way for…

2 States Republican led Legislative and Regulatory Actions Kill Pipeline.

Which pipeline was scrapped citing legislative reasons? The Palmetto Pipeline set to run through South Carolina, Georgia and Florida

What caught the attention of the legislators and regulators? Whether a pipeline that traverses a state, without providing product to that state, can give the state a public benefit.

What was the action by the states on a legislative and regulatory level? Permits were denied & legislators paused the use of eminent domain by private entities so that the…

How one state representative's email impacts eminent domain for a water reservoir

Where did a state representative’s email cause a stir with a city council? Osceola Iowa

What did the representative say in this email? 

  • The state representative’s committee “has issues” with the reservoir
  • Raised a compromise of fixing 2 existing reservoirs in lieu of a new reservoir
  • The Rep. strongly opposes the use of eminent domain for the reservoir

Osceola Sentinel Tribune | Kaufmann email leaves city council rankled

4 Reasons Midwestern Elected Officials Oppose Eminent Domain for Transmission Lines. Localizing Public Benefit.

State Rep. Grassley, grandson to US Senator Grassley, has 2 points to make to a clean energy line that wants to use eminent domain in Iowa:

  • The Iowa Utilities Board has told you 2 times that eminent domain cannot be separated from your permit application
  • If you don’t allow Iowans to plug in, you’re not a utility & therefore don’t deserve eminent domain powers
  • Missouri also denied your transmission line request (our numbers are growing)
  • We’re also watching your attempt to end run the…

Private Property Rights. Trend: Water Agencies Compel Owners to Fix Pipes. 1 Local Gov. Solution. 1 Statewide Legislative Solution.

Utilities are targeting  private property owners pipes to:

  • repair old and leaky  pipes
  • to prevent  big problems like sinkholes and overflows of sewage into waterways
    • which leads to water plants treating more water than necessary, and driving up costs for ratepayers

Why are utilities targeting the pipes that are out of their control?

  • water utilities are struggling to reduce costs
  • utilities are having a hard time complying with federal clean water mandates

What programs have…