Eminent Domain for Pipelines & Energy Projects : Bringing the Right & The Left Together

How is eminent domain bringing together “gun toting conservatives” & “liberal envrionmentalists”? Eminent Domain use for pipelines

Tell me where this is happening…? In Virgina & North Carolina with opposition to the Atlantic Coast Pipeline, which is set to bring natural gas from West Virginia, Pennsylvania, and Ohio to electric power plants in Virginia and North Carolina

(it also happened in Keystone XL)

Duke University  | The Chronicle | They’ll be singing Kumbaya

 

Eminent Domain Bills are Anti-Business in Texas? Yes. Follow the Bouncing Ball Dialog

“State Rep. Larry Phillips, state Sen. Craig Estes and Texas Association of Business CEO Jeff Moseley spoke on issues ranging from property tax reform to imminent (sic) domain concerns.”

“Graham said there is a growing group who claim conservative beliefs but take an anti-business stance. As an example of this Moseley said there were 25 bills against eminent domain use in this latest session. Moseley said eminent domain can be used to help secure infrastructure and public improvements.

Moseley…

Lege Trend. Prohibiting Eminent Domain that Landlocks Property. Read the Bill.

State Legislature: Pennsylvania

The eminent domain limitation bill: No eminent domain when a landlocked property is created with no access from a public road

The key bill text: ” a condemnor may not render the remaining parcel inaccessible to the condemnee by creating a landlocked property with no ingress or egress to or from a public road or highway”

PA HB 1773 (2017)

Property Rights Trend. State Lege Uses Budget to Preempt Local Short Term Rental Rules. Read the Budget Rider.

Wisconsin added provisions to the state budget that:

  • require that all municipalities permit short term rentals
  • require uniform regulations for short term rentals throughout Wisconsin
  • permits cities “broad authority to regulate short-term rentals and the behavior of the occupants to ensure that they don’t interfere with the neighbors’ use and enjoyment of their property”

 

Green Bay Press Gazette | State budget restricts local government’s ability to regulate short-term rentals

Trees and Property Rights 2.0. The Massachusetts Rule or the Hawaii Rule?

If a tree overhangs into your neighbor’s property and causes damage, are you liable?

  • Massachusetts Rule says no you are not liable.
  • Hawaii Rule says yes you are liable.

More trees and property rights issues to ponder.

Harvard University | Property Law Developments | “Massachusetts rule” reaffirmed: no liability if an overhanging tree damages neighboring property

Private Property Rights TREND. 25 States Pass Asset Forfeiture Reform. Read the Bill.

Illinois bcame the 25th state to pass civil asset forefeiture reform.

5 highlights from the bill:

  • Agencies must report their forfeiture expenditures publicly & in a searchable format
  • Rulemaking will ensure noncompliant agencies have their funds withheld;
  • Require regular, independent audits for the State Asset Forfeiture Fund;
  • New notice requirements; and
  • Shift the burden of proof from the property owner onto the state

Illinois HB 303 (2017)

Institute for Justice | With Governor’s…

Limiting Eminent Domain Use Up North, What Made the Cut & What Didn't? More Republicans Limiting Local Government?

Governor Scott Walker of Wisconsin vetoed eminent domain restrictions that:

  • limited railroad use of eminent domain

Governor Walk let stand eminent domain restrictions that:

  • prohit the use of eminent domain for recreational trails and walkways

LaCrosse Tribune | Gov. Scott Walker vetoes quarry regulation restriction, says policy deserves full debate

Lege Trend. Eminent Domain by Donation. Read the Bill.

A billionaire in California bought property on Martin’s Beach. Martin’s is a popular surfing spot. The billionaire cut off public access to the beach.

Round and round went lawyers, state commissions on land use, and then came California’s Senate Bill 42 that allows California to use eminent domain to guarantee public access for the surfers and beach goers.

But, how is California going to pay for this public access its acquiring from the billionaire? Via donation.

Senate Bill 42 allows the…

+1 Lawsuit. Legal Trend. Landowners Sue. Pipelines a Public Use? + 4 State Reactions

Add another federal lawsuit to the list of whether pipelines consistite a public use that triggers eminent domain for private entities.

The new lawsuit is in U.S. District Court for the Western District of Virginia.

4 States have expereinced different reactions ont he same topic- pipelines & eminent domain:

  • South Carolina and Georgia have restricted the use of eminent domain for oil pipelines
  • Ohio and Iowa have ahad a fair share of legal challenges concerning property takings for pipelines.
  • …