Category Archives: legislation trend

Tarheels work new eminent domain grant- to connect customers. 3 Points to Know + read the bill.

North Carolina Legislature is considering HB 10 which would extend the authority of eminent domain by allowing it to connect customers. The bill’s language:

“Connection of Customers. – For the public use, private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this section shall possess the power of eminent domain and may acquire by purchase, gift, or condemnation any property for the connection of any customer or customers.”

At the…

No eminent domain for private gain. Cornhuskers target Energy.

A bill to allow for private sale of electricity in Nebraska also includes a laundry list of eminent domain prohibitions for all electric generators and distributors.

Nebraksa’s LB 660 would prohibit eminent domain for:

  • generation
  •  transmission
  • distribution

If that isn’t enough, a stand alone bill calling for no eminent domain for the electric industry also exists in LB 547

Omaha World Herald | Nebraska lawmakers introduce bills that would end public power companies’ monopoly, use of…

Conservatives v. Conservatives. How an Eminent Domain Report Set the Stage for Cannibalism.

In December, informed:intel subscribers will recall a Texas Conservative Coalition report supporting existing eminent domain statutes & high speed rail from Houston to Dallas. 

The New Year brings, new conservative voices making 3 arguments against the report via Texas Tribune :

  • They should have been told. They’re members of your group. You hid this. 
  • The use of eminent domain by a private business (a haute conservative mantra)
  • Your document is unsigned and yet you imply that your…

2 Landowner Concerns After the latest Denbury/Texas Rice Ruling.

  • Is the amount of evidence required to be a common carrier reduced by this ruling?
  • Is the test set up by this ruling apply to more than just CO2 pipelines?
    • The test: a reasonable probability must exist that the pipeline will at some point after construction serve the public by transporting gas for one or more customers who will either retain ownership of their gas or sell it to parties other than the carrier

Texas Agriculture Law Blog | Texas A&M Agrilife | Texas Supreme Court Issues…

Civil Asset Forfeiture Lege Trend. State #17 Passes Reform.

The 17th state to reform civil asset forfeiture laws: Ohio

What does Ohio’s bill do?

  • Limits the crimes for which civil asset forfeiture is permissible
  • Switches the burden of proof to the state and away from the Defendant
  • Prevents civil asset forefeiture for amounts below $15,000

The opposition:

  • law enforcement organizations
  • Ohio Prosecuting Attorneys Association

Reason.com | Ohio Legislature Passes Civil Asset Forfeiture Reform

Legal Trend. No Eminent Domain for Private Companies. 3 Statements from a Judge.

The project denied eminent domain: An oil pipeline through rural Ohio

What were the judge’s objections?

  • The company pointed to a $237.3 Million economic boon and the court said economic development is not a reason for eminent domain
  • The pipeline provides no direct benefit or service to Ohioans.
  • The common carrier statute that applies to pipelines like this is an unconstitutional infringement on the property rights of Ohioans

Legal Trends in the Rust Belt meet Legislative Trends in the…

A train proposal leads lawmaker to end eminent domain for all private companies.

The train route:   The Great Lakes Basin Railroad

The homestate for legislators wanting to stop eminent domain for the train: Wisconsin

The method to stop the train: End eminent domain for all private entities

Northern Public Radio | Beloit-Area State Lawmakers Try To Stop A Train By Changing State Law