Welcome to the Future!
What city wants to sue banks? Miami
Why is Miami suing? Big banks created discriminatory lending practices that led to foreclosures, less tax revenue & blight
Is this a new kind of lawsuit? No the federal government has been settling suits like this against big banks.
The majority of state Supreme Courts havve said that property cannot be forfeited before a trial by jury takes place.
Governing | Police-Seizure Ruling Puts Montana in Line With Most States
Missoulian | High court rules for jury trials in civil forfeiture cases
Background: In September the Pennsylvania Supreme Court denied eminent domain authoeity for underground gas storage as unconstitutional under both the state and federal constitution.
What did private property activists learn from the Supreme Court ruling?
State Impact Pennsylvania | A new front emerges in the battle against eminent domain
What land near UFOs is there a pre-eminent domain negotiation for value? The Groom Mining Land near Area 51
What value does the property owner appraisers give the land? $44 million and $116 million
What’s the offer from the federal government? $333,300 with a final offer of $5.2 million
What factors do the property owners say factor into the land’s value?
Which 2 swing states are propping up property rights? PA in Robinson Township v. Commonwealth & OH in Kinder Morgan utopia v. PDB Farms
How are these states at the forefront of property rights trend? Courts in each of the state’s have denied private businesses from using eminent domain when no public benefit exists
What’s the kicker on public benefit? Both of the projects denied eminent domain authority were moving goods over a common carrier to Canada with no facilities in the…
An Ohio Court has stopped the power of eminent domain for a pipeline in Ohio based on this rational:
Sandusky Register | Ruling could help farmers battling pipelines
Where: Ohio
Who or what denied eminent domain authority? A state judge
What project was denied eminent domain authority? A pipeline that would move natural gas froma shale region in Ohio to a facility in Canada
Why wasn’t public use of benefit met? Because the benefit from the poeject was found to be the end point of the pipeline in Canada. The jobs created in Ohio were not persuasive to the court.
The Toledo Blade | Wood County judge nixes pipeline builder’s eminent domain plans
What legal case is involved? South LaFourche Levee District v. Chad M. Jarreau
Tell me what happened?
The case: Murr v. Wisconsin
The Compensation issue: Can compensation under eminent domain be impacted by a regulation. In the case, a regulation leads to the devaluation of contiguous property because it is owned by the same land owner.
9 States have taken the side of the property owner: Nevada, Alaska, Arizona, Arkansas, Kansas, Oklahoma, South Carolina, West Virginia, and Wyoming
9 Other states have taken the side of Wisconsin: California, Hawaii, Illinois, Massachusettes, Maine,…
Which state: Pennsylvania
What did the PA Supreme Court say about eminent domain? That private companies that have eminent domain power that is excercised to support their private business is an unconstitutional of taking private land for a private purpose.
What were the specifics on the companies involved with eminent domain? Natural gas companies that stored natural gas on private land.
Washington County Observer Reporter | Portions of Act 13 gas drilling law struck down as…