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The California legislature has provided several mechanisms to build stadiums more quickly. One of these tools is to allow for eminent domain before environmental studies are completed.
The City of Sacramento and the Sacramento Kings have won 2 court cases upholding their ability to move quickly to build the new stadium.
A second Nebraska judge has halted Keystone XL’s use of eminent domain. The second injunction is from York County and affects the sourthern portion of the pipeline. Omaha.Com
Posted inlegal trend, pipelines/common carriers, private company, private property rights
The above is a quote from USA Today this week examining the harsh opinions against eminent domain. Opinions become the most heated when eminent domain is used for ” taking of private lands for private enterprise,” quoting Representative Will Metcalf. Reflecting on Kelo, the 2005 U.S. Supreme Court case permitting the use of eminent domain for economic development, its noted that not all public use… In a 7 year legal tussle over whether Denbury is a common carrier, the 9th Court of Appeals ruled that Denbury is not a common carrier. Sounds innocuous, except that common carrier status grants Denbury, a private pipeline company, the power of eminent domain. Common carrier status comes with great power. The Legislature tried to fix the common carrier issue in 2013, but an elegant point of order stopped it. In the summer of 2014, the Railroad Commission tried to fix it by rule ma… Fracking & private property rights. Eminent domain is triggered at many levels in fracking. It can br triggered by the pipeline moving the oil to refining. It can be triggered when new roads are needed. It could be inverse condemnation when a regulation, like a fracking ban, limits how people can use their land. Senator Konnie Burton says cities should not be able to infringe on private property rights. Her
Posted in2015 legislation, legal trend, legislation trend, pipelines/common carriers, private company, private property rights
A judge in Nebraska today issued an injunction against the use of eminent domain for Keystone Pipeline.
Posted inlegal trend, pipelines/common carriers, private company, private property rights
HB 1220 by Laubenberg establishes private property rights for a person’s DNA and RNA. Without informed consent, DNA and RNA cannot be: If DNA and RNA is collected, tested, or retained without informed consent, the Attorney General may seek injunctive relief and a civil penalty that is tied to profits. HB 1220 When eminent domain negotiations fail, the parties move to court. But, what happens when a court sides with a landowner and awards substantially more for their property? If SB 474 passes, a land owner that prevails with an award that is 10% higher than the last negotiated offer can have their attorney fees paid by the condeming entity. It’s loser pay for eminent domain and applies to… Seizing business permits by eminent domain is new. Connecticut is doing it to solve a state transportation issue. The CT Department of Transportation seized permits from a private bus company to make way for a new public transportation project. The private companies sued. The Court allowed eminent domain to be used for the permits relying on the the use of eminent domain in CT for facilities, and lumping the bus permits in with facilities. A Republican Senator in CT is not… SJR 9 by Van Taylor would move the ball toward legislative approval of rule making. Sound far fetched? It’s not. Other states are doing it:As the economy improves, expect developers to demand more uprooted families. (via eminent domain)
9th COA Rules: No Common Carrier Status.
Private Property Rights >The Fracking Bans. Do Property Rights Trump All?
Judge to Pipeline: NO Eminent Domain.
Bill Filing: DNA Gets Private Property Rights & Civil Penalties.
New Bill Filing: Attorney Fees Imposed Against Losing Condeming Entities
Lege Trend: Eminent Domain for Intangible Property?
Put This Bill On Your Radar: Legislative Approval of Rule Making