Category Archives: legislation trend

Editorial. 3 Reasons Texas Needs Eminent Domain Reform.

San Antonio Express News Editorial, Eminent domain law reform needed, says these are the reasons texas needs eminent domain reform:

  • Texas is going to face a lot of eminent domain in our growing state with its growing energy industry
  • there are a lot of property owner horror stories
  • let’s be fair, there is no harm in transparency

 

Lege TREND. Amendent to Reign in LOCAL EMINENT DOMAIN in a Park Funding Bill

Missouri legislators amended HB 1044 (2019 |MO) a park funding bill to include this amendment to ban local governments from using eminent domain for parks and recreational space.

the amendment: 

67.920. Notwithstanding any other law to the cont
rary, no political subdivision shall use eminent
domain or condemnation proceedings to acquire property
for a recreational use including, but not limited to,
a park or trail.
“;
 

Lege TREND. Compensation Calculation Built on Rebuilding. New. Interesting.

Alabama’s HB 38 (2019 | AL) would define compensation for eminent domain purposes as:

“wholly reconstruct the existing property as it exists” at the time it is valued by an assessor.”

AL.COM | Mobile launches a ‘game changer’ with inaugural departure from Downtown airport 

Lege TREN. 2 Reasons Texas Eminent Domain will Increase Energy Costs

The Consumer Energy Alliance says SB 421 (2019 | TX) could increase energy costs by:

  • Pipelines will cost more to build
  • The increased cost of pipelines, and delays in building pipelines, will raise feul costs

San Antonio Express News | SB 421 may cause spike in energy costs

 

Property Rights. Mobile Homes.

A Utah based company purchased multiple mobile home parks in Iowa, which is spuring this legislative idea in Iowa:

  •  require 180 days’ notice of rent increases for mobile homes
  • give Iowa’s attorney general more authority to investigate complaints about mobile home park abuses
  •  “good cause” for any evictions fro mobile home parks

Iowa Public Radio | Lawmakers Seek New Protections For Iowa Mobile Home Park Residents

TREND. 3 Reasons Supporting Banning Eminent Domain by Private Entities (Transmission Lines)

Who is saying this? Columbia Missourian Editorial Board & Kansas City Star Editorial Board

What reasons do they give to support the legislation that denies eminent domain to private transmission line entities?

  • companies “should negotiate fair agreements with property owners”
  • comapnies should not use the “threat of condemnation to browbeat property owners into accepting low-cost deals.”
  • eminent domain is for governments and should be used sparingly

MISSOURIAN | EDITORIAL: Lawmakers are right…

Lege TREND. Eminent Domain Comes with Higher Legal Liability for Using it

Recall all the headlines about California utilities going bankrupt because of liability for the wildfires? The liability is high because the utilities have strict liability

So legal mumbo jumbo, strict liability, aside the California utilities have strict liability because they have the power of eminent domain. 

Why the strict liability tied to eminent domain? The policy idea is that if the companies have the  power to take a person’s land they should be liable for the harm that is caused…

+1 State to Cut Eminent Domain for Utilities. No eminent domain for private gain.

Maine LD 271 (2019 | ME) would:

  • tie the use of eminent domain to only projects that offer relaible service
  • what does this mean? there must be a direct benefit to Mainers
  • if eminent domain increases profits, that cannot justify the eminent domain

Penobscot Bay Pilot | Sen. Miramant introduces bill to restrict use of eminent domain by utility companies