Welcome to the Future!
Houston churches that were facing eminent domain to make way for a new Housing Authority development, have sued to stop the eminent domain based on the Religious Freedom Restoration Act (RFRA).
RFRA is usually only a hot topic when conservative activists want to strengthen it to stop the social issues they oppose.
But, the use of RFRA by the churches to stop eminent domain adds an added lawyer of constitutional protection. Now the local governmental entity will have to prove:
California Gov. Brown is proposing to take land via eminent doamin from 300 farmers so some river deltas can be reworked to bring more water to populated areas.
Breitbart engaged a water and land use lawyer with the Pacific Legal Foundation, who said 3 important things:,
A brewing legal dispute in Iowa highlights the momentum away from allowing eminent domain authority for pipelines, transmission lines, and other utilities that are privately owned.
An Iowa Attorney:
“The larger issue — what it really comes down to — is whether these guys have the power of eminent domain. this is not a utility, it is not public, it is not providing any necessary public service. A number of other cases have rejected such eminent domain arguments — the Bluegrass Pipeline…
Iowa- home the Presidential state fair and its fair share of pipelines. One Iowan expressed these views of the Ames Tribune:
“I see only corporate greed, trampling of private property rights and a threat to Iowa’s environment. Here’s my beef: show me the public good. “
His comments reflect tw growing eminent domain trends:
The California Supreme Court last August ruled that if a project gets enough signatures to put it on the ballot, a city council can approve it without going to voters and without a California Environmental Quality Act review.
It is a ruling that is like sugar plm fairies dancing in the dreams of retail developers.
A 200 acre retail development in Carlsbad is moving forward under this ruling, side stepping requirements of state environmental review and voters.
Add West Virginia to the list of states where judges are blocking access for pre-condemnation access to land without land owner permission.
Its generally legal that condemning entities can enter land that they will condemn to survey the land. But, that general ability is being called into question by the courts.
In 2014, California trial judge put the breaks on pre-condemnation access. This week, a West Virginia judge is blocking surveyors for the Mountain Valley Pipeline project from…
Two 5th ward churches are in a brewing eminent domain battle over property that the Houston Housing Authority would like to develop for low income housing and a library. This story has it all- historic churches, a wheel chair bound pastor, and a city relying on recommendations from the neighborhood itself.
The churches:
The legal actions:
Officials in Tulsa, Oklahoma want to remove the statutory requirement that if landwoners at trial receive a value 10% higher than the special commissioners, then the local government has to pay the landwoner fees and expenses.
Paying attorney fees and expenses led to this comment by a Tulsa official: “That 10 percent rule is basically a pain in the neck,” Swiney said. “I think it leads to abuse. It leads to bill padding. It discourages settlement and encourages litigation.”
Iowa landwoners are suing its version of the Texas Railroad Commission, because the Iwoa agency allowed a pipeline to have the authority to use eminent domain.