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At least one eminent domain lawyer thinks large value, 7 or 8 figure, eminent domain cases may be forced into a new three judge panels that can be convened by request of the AG. Texas Lawyer describes the bills as:
“allow[ing] the Texas attorney general to petition the Texas Supreme Court’s chief justice to convene a mandatory three-judge court to hear school finance or redistricting cases. The panel would consist of the original district judge who got the case, and two others appo…
The Court ruled that billboards are fixtures of a real property interest. And, that the removal of bill boards, compensation is required.
However, compensation for the removal of billboards are hampered by existing case law that prohibits lost profits from entering valuation of business property.
NFIB
Posted inappraisals, billboard, compensation, legal trend, private property rights
Raisin growers were before the US Suprmee Court arguing that a law allowing the government to take their crops, without just compensation, is unconstitutional. During the New Deal, farmers got a raw deal. The 1937 Agricultural Marketing Agreement Act permits the taking of crops to shore up prices. The great raisin caper of 2015 led the Justices to offer colorful fodder: The Iowa Supreme Court halted eminent domain power for a drinking water project. The Supreme Court opined that since the drinking water project also included recreational water use, the water district had no authority to use eminent domain. The moral of the story: public use means only a public use, no extra bells and whistles. KNIA Knoxville
Posted inlegal trend, private property rights, water
Ojai California is using eminent domain to condemn the water utility that serves its community. Fed up by high water rates, the city opted for eminent domain. Eminent Domain and the judicial system go hand in hand. The private company that operates the private water utility in Ojai, sued. The Second Court of Appeals sided with Ojai that eminent domain allows the taking of the utility so that the the utility can be operated by the local government. The Court went so far as … In the West Virginia mountains, a fight is brewing between a pipeline and 100 landowners over access to land. The pipelines say they need access to the land to comply with federal requirements. The landowners say that the access the pipeline wants exceeds what is allowed under West Virigina Law in at least 3 ways: UNT and Sac and Save have reached an agreement to purchase the 91,000 building for $6.25 million. The agreement is pending approval from the board of regents. Eminent Domain was an available option for UNT. However, because the property had other pending offers for purchase, and the desire to avoid eminent domain litigation; a purchase agreement was reached. The Denton County appraisal of the property was approximately $2.2 million.
Posted inappraisals, legal trend, private property rights, university
Say you’re a property owner having your property taken by eminent domain. You file suit to protect your property from eminent domain, and then the condemning entity files motion after motion as an exuberant party. You pay your attorney to reply to each motion. What happens when attorney fees are due to an overzealous litigant that is a condemning entity? The Florida Supreme Court will rule on when attorney fees can be awarded for fees related to an overzealous, litigating c… Nevada Assembly Bill 408 would require that the Federal Government get state permission to use land within the state’s borders. It would also remove state water rights from the feds. It’s a big deal in a state where more than 80% of the land is federal. The impact to Area 51 is unknown at this time. 10 states are following Nevada’s lead. Cliven Bundy made a name for himself in a stand off with the federal government over ranch lands in Nevada.
Posted inland use, legal trend, water
The Texas pipeline proptests over TransCanada Pipeline are enough for a movie. Here’s the story:Justice Scalia Compares Taking Private Property to Communist Russia
Legal Trend: A Supreme Court Limits Public Use for Water
Legal Trend: City to Use Eminent Domain to Acquire Private Water Company
Pre-condemantion Access: 100 Landowners Block Pipeline Access. Pipeline Sues. Law Sides with Landowners?
Eminent Domain Averted at UNT
Attorney Fees When the Condemning Entity Over-Litigates
Lege Trend: 11 States Want to Block Federal Use of Federal Lands & Federal Water Rights.
Pipeline Protestors Arrested. Sue Company that had them arrested.