Welcome to the Future!
What case is this? Bragg v. Edwards Aquifer
What ‘s the eminent domain compensation issue they’re in a legal cage fight about? The courts have agreed that a denial of groundwater pumping by Edwards Aquifer amounted to a taking of a pecan farmer’s private property
What does it mean for 2017 Legslative action? Adequate and just compensation for th etaking of private land is a perenial issue. And there’s lots bubbling around for 2017:
Let’s look at numbers from an eminent domain case involving Conroe ISD:
Conroe ISD seeks to obtain 46 acres from a group of land owners and here’s the numbers that have been bandied:
What’s happening to this eminent domain case now? Neither party was satisfied with the $10 million number and both parties have appealed to district court. Oral hearing is scheduled for October 16th.
Where is this eminent domain case in the courts? A federal district judge and Federal Energy Regulatory Agency granted a pipeline in Pennsylvania the ability to clear trees in anticipation of a pipeline while the matter continues in federal court.
How did the state police stop the pre-condemnation access? The federal judge’s order did not authorize the state police to arrest protesters who appeared to stop the loggers.
What is the issue the land owners are fighting? Landowners operate…
Where did a state Supreme Court deny eminent domain power to a pipeline? Kentucky.
What do legal pundits say was the issue triggering the denial of eminent domain authority? That the pipeline isn’t regulated as a utility under Kentucky law.
Why wouldn’t a pipeline be regulated under Kentucky law? Because Kentucky law restricts regulated utilities to those operating within the state. The proposed pipeline would traverse the state but not deliver goods, therefore wouldn’t operate, in the…
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NBC Sports | Donald Trump, Jeb Bush, Eminent Domain and the history of the Rangers Ballpark
Which court ruled that anti-eminent domain signs can’t be prohibited? The 4th Circuit Court of Appeals
What was their ruling? The sign ordinance is a content-based regulation that does not survive strict scrutiny. That’s lawyer code for the ordinance violates the 1st amendment.
What did the city argue to support their ordinance? That the ordinance is content nuetral and applies equally to all messages.
Central Radio Co. Inc. v. City of Norfolk, No. 13-1996 (4th Cir. Jan. 29, 2016)
The compensation issue that property rights advocates want the U.S. Supreme Court to decide this spring- if a portion of land is taken, is the compensation considered only on that single piece of property or are adjacent lands considered?
Law 360 | High Court Eminent Domain Case May Offer States Clarity
What state regulators refused eminent domain powers for a pipeline? Georgia
Why did Georgia deny eminent domain authority? For reasons including that the pipeline would not provide any direct benefit for Georgia, the pipeline only went through the state without dropping off goods in the state.
What happened after the denial of eminent domain by state regulators? 4 things.
Where is this happening? Virginia
What sparked the change to how private property is treated by a pipeline? a controversial 2004 law that allowed precondemantion access to private property by the pipeline. Its led to landowner lawsuits and protests.
What legislative changes are being pushed? Requiring the pipeline to offer advanced notice and get owner consent to enter land
Roanoke Times | Lawmakers seek to scrap law on pipeline, property rights