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In KMS RETAIL ROWLETT v. the City of Rowlett, the Texas Supreme Court this fall heard arguments over whether a road easement in a commercial development project violated the Texas Legislture’s legislative repsonse to Kelo v. City of New London.
The trial court and appellate court agreed that the roadway easement falls into a transportation exception on the prohibtion against eminent domain for economic development purposes in Texas Government Code Sec. 2206.001
What legislative fixes could…
Courts in China are ruling that bitcoin is property. Most current state statutes do not define how to recognize bitcoin by state law.
Bitcoin Magainze | Crypto is Property: Chinese Court Upholds Citizens Rights to Own Bitcoin
What land was taken? a 9,500-square-foot parcel that for 30 years operated as a salvage parcel
What compensation was given by the state? $65,000 and a new entry 110 feet away and shared by other retailers
What did the jury say?
State of Texas v. Skyway Holdings LLC, No. 0015-04-083
Marrs Ellis & Hodge | Owners of Texas Business Win $500,000 Jury Verdict in Eminent Domain Dispute
WHERE: Illinois
WHAT: Condemning swaths of property as “blighted” to redevelop the property as higher tax revenue.
HOW is this happening when Illinois also prohibited eminent domain for economic development purposes? The blight designation in Illinois allows other neighboring, non-blighted properties to also be taken.
KPVI | Some Illinois cities eye eminent domain to boost revenue
What? On October 25, 2018 teh federal government notified the Diocese of the taking of 2 properties
Which properties are impacted? La Lomita Chapel & property south of the Juan Diego Academy in Mission
the public purpose?
compensation to the Diocese? initial estimate for reimbursement at $100
What’s the…
The US Supreme Court may consider the Mountain Valley case.
What’s Mountian Valley about? Landowners are claiming the natural gas pipelines used eminent domain unconstitutionally because land is taken in states in which there is no benefit realized.
How did the landowners fare at the 4th Court of Appeals? landowners lost but because the court’s didn’t have jurisdiction not on the constititional issue.
Washington Post | Landowners ask Supreme Court to hear Mountain Valley case
Florida can award attorney fees for eminent domain cases. The justification? “It is the government’s “dis-incentive” for these types of lawsuits.”
Tarr v. Timberwood Park Owners Ass’n, 2018 Tex. LEXIS 442 (Tex 2018). Texas Supreme Court determined that short term rentals are consistent with covenants that require residential use.
Which Governor’s race? Nevada
How is eminent domain being used as a campaign attack on the Democratic candidate?
The US Supreme Court has rejected a case brought by a California billionaire to privatize a formally open beach.
The California Legislature in 2018 budgeted for the use of eminent domain to reclaim public beach acess. After the case had wound its way through California administrative law judges and the California courts which provided fo the use of eminent domain.
Economic Times | US Supreme Court rejects Indian-origin billionaire’s plea for a private beach