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Other states have reigned in eminent domain authority by denying eminent domain when there is no public use. Their actions have been via court action, legislation, and regulatory denial of permitting.
The classic example has become a pipeline or transmission line that does not provide service or use to any part of the state through which it passes.
Joining the legislative trend to reign in eminent domain standard of public use. President of the Cattle Raisers writes,”In m…
After a San Francisco trial court determined that an offer for land was reasonable, the First District Court of Appeal said not so fast, trial court judge and here’s why:
On the 10th anniversary of the 2005 U.S. Supreme Court decision Kelo, there’s a new focus on how the transfer of land harms the poor.
The Washington Post, Volokh Conspiracy, features a heavily edited quote from the NAACP, post-Kelo:
“As Hilary Shelton of the NAACP put it in testimony before the Senate Judiciary Committee, “allowing municipalities to pursue eminent domain for private economic development [has] … a disparate impact on African Americans and other minorities……
An Arkansas Landowner alleges that there is no public benefit to Arkansas for a pipleine from Oklahoma to Tennessee. Further, the only benefit is to the private company building the pipeline.
Growing case law supports this position throughout the country to deny common carrier status to interstate transportation of oil, gas, and electricity.
If there is no public use in Kentucky, then a common carrier isn’t afforded eminent domain to build a pipeline in Kentucky according to a Court of Appeals Panel last week.
This growing trend in eminent domain litigation- is the public use occuring within the govenrmental entity that is granting the power of eminent domain.
Over the last year, court rulings have impacted pipelines and transmission lines.
Posted ineasement, legal trend, pipelines/common carriers, private company, private property rights, public use or benefit, transmission lines
The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain is now in print. 10 years after the epic eminent doamin case, we get…the book. Polls show 80… Robert Henneke, newly hired as the head of TPPF’s Center for the American Future, will belitigating government overreach and 10th amendment issues, including: It’s like a Texas version of Institute for Justice, the group of attorneys that represented Kelo in Kelo v. New London, the preeminent eminent domain case of the last 20 years. Appraisals that continued to lower the price of land in dispute were deemed “strong arm tactics” designed to force settlement, and were the basis for a pro-land owner ruling by the Virginia Supreme Court. The state supreme court found all the appraisals must be presented to the fact finder to determine value. The difference in appraisals: $150,000. The legal fees for the state’s outside counsel: $140,000.
Posted inappraisals, compensation, legal trend
Private property rights as engrained in Texas as the Lone Star. Dueling private property rights are facing a detante. Denton’s fracking ban sought to protect use and enjoyment of your private property, your home. In contrast, HB 2595 would prohibit initiative and referendum petitions that restrain private property rights. Sounds just like what Denton did, until one sees that there are also private property rights in mineral interests, which is what HB 2595 sought to protect. <...
Surprise, surprise, more people oppose eminent domain according to an Austin environmental lawyer. Opposition to eminent domain use for a water pipeline that seeks to move East Texas water to DFW has fueled campaign contributions, and court cases related to open records. Tarrant Water Campaign is Over East Texas Land: Ft Worth Star TelegramPost-Session Reading List: the Kelo Book is Finally Here! Check it Off Your Christmas List.
TPPF to Start Litigation Center to Litigate What Comes from Left Field.
Eminent Domain Tactic: Continually Dropping Appraised Values
Many Faces of Private Property: Mineral Rights or Property Rights on Your Homestead?
Arguments AGAINST Eminent Domain GROW