Welcome to the Future!
The majority of state Supreme Courts havve said that property cannot be forfeited before a trial by jury takes place.
Governing | Police-Seizure Ruling Puts Montana in Line With Most States
Missoulian | High court rules for jury trials in civil forfeiture cases
Eminent Domain by the numbers:
Gearing up for an intra-industry fight: Texas Mineral Owners vs. oil and gas industry
What’s triggering the beef between these 2 groups? Whether companies can drill horizontal wells that reach across different lease lines
From the Texas Mineral Owners’ side: Mineral Leases often prohibit pooling. Pooling is seen as:
From the oil and gas side: companies have histroically pooled adjoining leases
Where is this happening? New York City
What’s happening? Short term rental company, AirBnB, agreed to track property owners who have are renting out multiple locations
Why does this matter? 2 reasons:
1. It typifies local ordinance quagmires over short term rental ordinances.
Washington Post | Volokh Conspiracy | Federalist Society teleforum on pipeline takings
Which states are eminent domain battlegrounds? Georgia & South Carolina
Which issues are resonating? prohibition on eminent domain exercised by or in support of private companies
Are there new, post-Kelo coalitions? Yes, property rights advocates + environmentalists
The primary eminent domain target? Pipelines
The answer for pipelines? Condemning in federal court, under federal laws that do not provide as great protection for landowners and may preempt state law
The State: Tennessee
The County Resolutions: Urge the State Legislature to prohibit eminent domain to benefit private projects
Is this bigger than banning eminent domain for private entities? yes, it calls for a prohibition on government use of eminent domain to benefit a private entity
Jefferson County TN Standard Bearer | Carmichael re-elected as chairman
Where: California
What is this new delectable eminent domain tool? community revitalization and investment authorities (CRIA) that allow local governments to redevelop land with eminent domain
The estimated threat of eminent domain: 78% of private property could be threatened by eminent domain.
Eminent Domain isn’t the only concern of property rights activists: If property is included in a CRIA the local governments can fund new bond incremental financing
In 2011, CRIAs received…
Access the database here: Comptroller’s Online Eminent Domain Database COEDD
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By the numbers:
North Dakota in 2015 passed a bill prohibiting quick take of property for eminent domain. it was vetoed. An interim study was convened. Where are they now?