- In 2006, Georiga passed eminent domain reform by way of House Bill 1313
- The problems with HB 1313 from 2006
- eminent domain used on blighted properties causes a block on a city re-selling the property for 20 years
- cities can no loner acquire multiple parcels for redevelopment purposes
- The 2017 legislative fix
- allow for the creation of an “urban development authority”
- the urban development authority would be allowed to:
- eradicate blight and spur economic development
- provide…
Category Archives: legislation trend
Peach State Bill Sets Up 2 Step Process for Private Entities & Eminent Domain.
Georgia’s Senate Bill 191 sets up this 2 step process for a pipeline to obtain eminent domain:
- receive a “certificate of need” from the Georgia Environmental Finance Authority; AND
- approval by Georgia’s environmental agency
A late amendment prohbited pipelines in coastal areas, the Georgia Coastal Zone Management Program, to “protect the drinking water.”
Atlanta Journal Constitution | Georgia Senate approves new pipeline limits
Private Property Rights: Advocating for Tiny House Laws. 3 Key Pieces of Intel.
State: Oregon
The Advocates want:
- Crack down on “bootleg” construction. (Do images of lumber jack beards and moonshone pop into your head too?)
- Protection for non-sited tiny homes
- House Bill 2165
- fall under the standards for recreational vehicles
- Construction Codes
- House Bill 2737
- special construction codes for homes that are smaller than 250 sq.ft.
- allow narrow ladders or stairways for lofts
- allow narrow ladders or stairways for lofts
- exemptions from required electrical…
4 Bits Intel. West Coast State Bill. Change Attorney Fees Calculation.
State: California
The current way attorney fees are awarded in eminent domain: Since 1975, attorney fees can be awarded in California for eminent domain if:
- final offer of compensation was unreasonable
- the final demand of the property owner was reasonable
Assembly Bill 408 wants to change the standard for attorney fees in eminent domain to:
- Attorney fees must be awarded if condemnor’s offer is lower than 90% than the court’s value determination
- Attorney fees may be awarded if condemnor’s…
State Law Prohibits Eminent Domain for Private Gain. How do Pipes and Lines get built?
The State: Pennsylvania
The eminent domain prohibition: no eminent domain for private enterprise, even if there is a public use
The pipeline project: An interstate liquid natural gas pipeline is subject to federal law that allows for eminent domain even when state law prohibits it
Penn Live | Second Sunoco pipeline possible in Cumberland County, landowner continues fight
Private Property Rights. Online Hunting Access Pilot. Read the Bill.
North Dakota Legislature proposed a pilot program that would allow land owners to post whether and when their land is available for hunting.
Eminent Domain by Private Entities is Crony Capitalism.
Tyler Morning Telegraph editorial opposing Texas Centrail Rail raises these 3 points:
- This isn’t a rural-urban issue. This is a property rights issue.
- You can’t say this is a private enterprise, promoting free market when you use eminent domain, because eminent domain is the opposite of free market.
- This is crony capitalism with the government “thumb on the scale”
Tyler Morning Telegraph | Editorial: Texas bullet train an example of crony capitalism
5 Bills + 5 Companion Bills. Eminent Domain Reform for Rail Only.
A legislator coalition joined forces to limit eminent domain for high speed rail. Who is involved?
- Senators Birdwell, Creighton, Kolkhorst, Perry, & Schwertner
- Representatives Ashby, Bell, Cook, Schubert, and Wray
Which eminent domain issues are being addressed?
Lege TREND. Attorney Fees. Sooner State Bill Sets New Threshold for Attorney Fees.
Oklahoma’s House Bill 2194 ups the ante on attorney fees and just compensation. The facts:
- HB 2194 allows for an award of attorney fees if the jury award is higher than than the special commissioners.
- Yes, you read that right, any amount higher than the special commissioners and attorney fees and costs are retreivable by the property owner.
- HB 2194 also requires actual sales prices & actual awards to be used in just compensation calculation.
Legal Trend. Company Withdraws Lawsuits to Continue Negotiations. 4 Key Points in Legal Strategy.
The Company: Texas Central Rail
The lawsuits: 12+ lawsuits concerning eminent domain, and specifically pre-condemnation access to the privately held land
The strategic advantage of withdrawing the laawsuits: amicable negotiations
The trend being emulated: Private companies promoting negotiations without eminent domain
Dallas Morning News | Bullet Train Developer Drops Lawsuits against Landowners (References the Schwertner bills, SB 626-629)