Welcome to the Future!
What’s a quick take? Once an eminent domain suit is filed, the entity exercising eminent domain claims ownership of the property.
Where is this Court that’s limiting quick take of property rights? Ohio
Is the court saying no quick take, that the courts have to decide before the property ownership can transfer to the condemning entity? No, the court says the Ohio constitution limits this ability to the taking of land for roads only.
How does this apply in Texas? In Texas, once an…
In the 1990s, Georgia wants to protect wealthy quail plantation owners from a new oil pipeline, so it passed new laws related only to oil pipelines.
What does an oil pipeline have to do that a natural gas pipeline doesn’t have to do for eminent domain approval? A pipeline that carries gasoline, diesel and ethanol must:
Has this been a hurdle? yes, it has stopped a pipeline by Kinder Morgan. The…
What isssue was the Ohio Court reviewing? In Ohio, like many states, once an eminent domain petition is filed by the condeming entity, that entity gets the property. It’s called a “quick take.”
Did condeming entities win or landowners? land owners
What did the court say? Cities can’t quick take property for things that aren’t roads. So, no quick take for sidewalks.
What’s interesgting about the OH eminent domain laws? Ohio limits quick take eminent domain to “making or reparing…
After a 3 month legal battle, the Houston church, represented by the Liberty Institute, announced that the Houston Housing Authority will not seek eminent domain action against the church’s land.
This leaves unanswered in Texas, which constitutional right trumps- freedom of religion or freedom from of having one’s property taken by the government. As loyal subscribers know, courts in other states have said religion trumps and have denied eminent domain.
A unanimous jury in Tarrant County found Texas owed Speedway Grapevine I LLC more than 16 times what it was compensated in an eminent domain proceeding.
Speedway Grapewine I LLC won a $4.5 Million judgment in an eminent domain suit.
Farmers in West Texas aren’t pleased with pipelines that are being built to bring product to and from Mexico. The farmers focus on 2 national trends:
The Winning argument of the Pipeline: The pipeline is intrastate and not regulated by FERC. See, look here, Pennsylvanians get a public use/benefit.
What’s the deal? Pennsylvania courts have been wrangling with whether a Sunoco pipeline qualifies for eminent domain.
Why does Intrastate or Interstate matter? Eminent domain usually requires a public use or benefit. An interstate pipeline that doesn’t provide supplies to a state may not offer a public use or benefit, and thus has no…
Chicago O’Hare needed a new runway. To get land for the airport, the city used the treat of eminent domain.
The city assuaged the threat of eminent domain by “assuring residents that the construction “would not have a material impact upon their lives, property or neighborhoods.”
Residents filed suit alleging that
3 ride share drivers have partnered with the Institute for Justice to challenge Chicago’s “cab cartels.”
What did the cabs allege against the city ride share ordinance? That the ordinance amounted to a taking of their property which could have put the city on the hook for millions.
This week the federal judge ruled in favor of the ride share drivers by throwing the cab claims that Chicago’s ride share ordinance amounted to a taking of the private proeprty against the city’s cab…
Who is involved in this challenge to pre-condemnation access to land? Atlantic Coast Pipeline and a group of landowners
What pre-condemnation is being challenged? A federal court looked at a state law that allowed a condemning entity, in this case a pipeline, to enter land it would otherwise condemn for the purpose of surveying the land.
What arguments did landowners make against pre-condemnation access? “state law violated the U.S. Constitution by taking their property, seizing their…