Welcome to the Future!
Which states are eminent domain battlegrounds? Georgia & South Carolina
Which issues are resonating? prohibition on eminent domain exercised by or in support of private companies
Are there new, post-Kelo coalitions? Yes, property rights advocates + environmentalists
The primary eminent domain target? Pipelines
The answer for pipelines? Condemning in federal court, under federal laws that do not provide as great protection for landowners and may preempt state law
The high speed rail project: Texas Central Rail, Dallas-Houston line
The court: a Harris County Court
The issue the court was considering: precondemnation access to land by the rail
Why landowners claim victory: The request for access to the land was withdrawn
Why high speed rail claims victory: No meaningful decision was made by the court
Houston Chronicle | High-speed rail land dispute lands in Houston court
What project using eminent domain is being affected? The Dakota Pipeline
What court is intervening to pause work on the pipeline while the legal issues are resolved? The D.C. Circuit
Why are we dealing with the D.C. Circuit? Tribal lands are sovereign lands.
Get them all! Good for Pokemon players. Not good for property owners whose private proeprty contains pokemons.
Where are Pokemon players gathering in mass? A Florida condo complex
What kind of lawsuit did the condo association file against the makers of Pokemon? Nuisance
The condos lawsuit calls the hoards of Pokemon players “zombies, walking around bumping into things”
Law.com | Fla. Condo Latest to Sue Over Hordes of Pokémon Players
Which Court of Appeals? 3rd Court of Appeals in Austin
What did the Court do with the Texas Highway Beautification Act? Struck down key portions of the Act, specifically Subchapters B and C
For those who love statutes: Subchapter B REGULATION OF OUTDOOR ADVERTISING GENERALLY & Subchapter C LICENSE AND PERMIT FOR OUTDOOR ADVERTISING
Why were these subchapters struck? unconstitutional content based restrictions on free speech
How does a landowner whose land is in the path of a proposed water pipeline cause a legal quagmire? Create a special district- a Conservation District.
How do 2 special districts resolve eminent domain over another’s land? The courts are deciding whether the land can be taken.
What have the courts said about dueling eminent domain authority of special districts?The TX Supreme Court ruled in favor of the Conservation District lands on a procedural issue, and now the issue of eminent…
Presidential candidate Gary Johnson, the Libertarian, says on FoxNews that the litmus test for Supreme Court justices should be eminent domain.
The eminent domain trigger of choice: Kelo. Should eminent domain be used for economic development?
Gary Johnson Views Eminent Domain as Supreme Court Litmus Test | Libertarian Republic
The Number of Arrests: 38+
The Native American arguments against using eminent domain for the pipeline:
The number of courts involved:
Wall Street Journal | Pipeline Protests Bring Dozens of Arrests…
How are drones used? Drones fly over private property to collect 3D property mapping models to use in eminent domain litigation
How does this fit with juries? Juries can take virtual reality tours of the property to be condemned
Wisconsin Law Journal | Firm brings modeling into eminent-domain litigation
The local governmental entity: South San Joaquin Irrigation District
The private utility: PG&E facilities in Ripon, Escalon, and Manteca
The purpose for condemning the private entity: Saving the residents of the irrigation district at least 15%
Current status: In July the irrigation district filed eminent domain proceedings
The potential attorney fees: Looking for a guide to the Missoula, MT eminent domain acquisition of a water utility, attorney fees could be more than…