3 Reasons for No Eminent Domain for Private Gain from a Paper Dating to 1896.

The Wilson Times (Wilson, N.C.) likens eminent domain by a private corporation to trying to buy heirloom tomatoes at a grocer by tossing some coins on the floor. 

The Wilson Times sets out these 3 reasons opposing eminenbt domain by private companies:

  • When land men tell land owners that courts will rule in the corporation’s favor, that is an unauthorized practice of law by offering a legal opinion;
  • Companies reap profits forver from eminent domain while landowners have a lifetime of…

Pre-condemnation Access. Court Rules to Limit. State Moves to Change Laws to Mirror Ruling.

California Supreme Court limits the right to precondemantion access in that:

  • any claims arising thereof require can trigger a jury for compensation determinations &
  • that precondemnation access and inspection can, in and of itself, be a taking that is compendsable

 

To make the California Supreme Court ruling align with California Statutes, the California Law Revision Commission is recommending changes to the request code sections that will clarify the jury requirement for compensation.

Why…

Lege TREND. Civil Asset Forfeiture. 3 Points from Colorado's newly Enacted Legislation.

Policy Goal: “Government should never keep assets seized from innocent people,”

The bill: Colorado House Bill 1313

What Colorado’s House Bill 1313 does:

  • uniform, biennial, and detailed reporting on property seizures by law enforcement
  • reported information must be available to the public online in a searchable format
  • limits receipts of seized proeprty from joint investigations with federal agencies

The Governor directed law enforcement funding to offset revenue lost from stricter civil…

Lege TRENDing. Special Session. Private Property Rights vs. Recreational Water.

South Dakota Governor called a special session to  “create a set of rules for outdoor enthusiasts who want to use lakes on private land in South Dakota for recreation”

The special session is in direct response to a State Supreme Court ruling that denied access to lakes from private property. 

Refreshing our recollection  from march 22, 2017 informed:intel  Legal Trend: Are all Waterways Open to the Public? No, not up north.

What does proposed draft bilsl look like to addres access to lakes…

2 Restrictions on Quick Take Eminent Domain from the Midwest

In Illinois, for a county to use quick take eminent domain, it requires:

  • Legislation
    • Pass both chambers of the Legislature
    • Be signed by the Governor
    • Be approved by the County Board 
  • The Quick Take eminent domain authority has a clock
    • It must be exercised within 1 year

Illinois Senate Bill 567 (2017)

Herald Review | Macon County eminent domain authority awaits Rauner OK

Lege Trend. Republican Resolution. No Eminent Domain for Private Gain. 3 Bits of Intel Unifying 3 Opponents.

State: Illinois

The project sparking the no eminent domain for private gain refrain: Great Lakes Rail

The Resolution, HR 437 (2017), hits on these 3 points:

  • private company using eminent domain
  • up tp $90 million permanent loss of agricultural revenue
  • endangers local wildlife

Illinois Valley News Tribune | Rep. Long bill opposes Great Lakes Rail, eminent domain 

Sharing Economy Trend. Country Lists Itself on AirBNB

the country: Sweden

How can a country list itself on AirBnB? In Sweden, the first law of the country is Allemansrätten which means you can freely roam, camp and forage.

Does Allemansrätten mena you can enter homes or cabins and pillage? No. Swedes aren’t inviting people to be Vikings. The law means you can pick some chantrelles in the forrest, it doesn’t mean pick the lock on the cabin.

Business Insider Nordic | The country of Sweden just became the world’s first to be listed on Airbnb -…

Lege Trend. No Eminent Domain for Certain Developments.

State: Tennessee

The eminent domain prohibition:  no eminent domain for industrial parks. The Tennessee statute set forth examples of projects that constitute public use, the bill deleted industrial parks from the list.

The legislation: Tennessee’s Senate Bill 1184

The Standard Banner | New law prohibits eminent domain for industrial parks

Knoxville News Sentinel | Eminent domain reform protects farmers

Lege Trend: Does Eminent Domain for Private Entities Meet Constitutional Standards? This Red State Wants to Know.

State: Nebraska

The legislative study:  • Does granting eminent domain authority to for-profit entities meet the constitutional requirement of a public use?

The legislation: Nebraksa State Senator Justin Wayne LR243 (2017) 

York News Time | Resolution would stipulate hearings on eminent domain issues