Lege Trend: If no Public Benefit to State from Pipeline, Levy a fee to compensate landowners.

Remember the idea of providing royalties to landowners from pipelines or toll roads? New hampshire has a new spin on this concept.

If a pipeline traverses and the product is sold elsewhere, then levey a 12.5% fee on the sale. Where does the 12.5% go? The fee is to be additional compensation for landowners who had property seized for right-of-way for pipeline construction.

Why does this matter in Texas? Bonjour Pecos Pipeline that is moving product from Texas to Mexico. There is a group…

Lege Trend. Redevelopment Costs 300 times.

Where’s this trend emerging? The Granite State. Home to hopeful Presidential foot traffic. 

Why the penalty for developers? To counter land being taken for economic development, a legisltive propsal in new Hampshire requires  developers to compensate landowners at a rate of 300% of the value of the taken land

Ledger Transcript | Bills Aim at Eminent Domain

Lege Trend: Require Private Entities to Buy All Property. No Easements.

Where is this trend emerging? New Hampshire. The Granite State. Home to Presidential hopeful foot traffic.

What is this anti-easement idea all about? If a pipeline seeks an easement, the land owner can  require that the entire piece of land be purchased. 

What’s the rational behind this ideaof requiring all the land be bought and not just a right of way? Landowners believe that pipelines negatively impact the value of their property. If the landowners no longer want to live on the…

Comptroller Touts Eminent Domain Database. 5 Points to Know Now. Fine Likely to Increase.

  • Comptroller sympathizes with land owners
    • ​“With 94 percent of Texas lands held privately, our citizens naturally feel a deep connection with the land they own. I’m one of them, farming land that’s been in my family since the mid-19th century.”
  • Minimal use of eminent domain passes muster with the Comptroller.
  • Most flagrant eminent domain abuse. The Bureau of Land Management’s seizure of farm lands on the border with Oklahoma. 
  • Transparency key to eminent domain.
  • The $2,000 fine…

2015 Media Top 10: Eminent Domain in the Palmetto State

Eminent domain tops the headlines for 2015 in South Carolina.

What’s the eminent domain issue in South Carolina? A pipeline that caused private proeprty right activist snd environmental activists to join forces.

What’s the legislative and regulatory impact? The issue with the pipeline is whether a public benefit occurs in South Carolina. The pipeline has hit hiccups with the regulatory agency and the legislature. 

The Augusta Chronicler | Top 10: Palmetto Pipeline creates stir in 2015

Lege Trend: Eastern State Seeks to Up Relocation Costs for Farmers, Businesses, Residential & Renters.

What state, that’s NOT California, is looking to increase relocation costs? Pennsylvania

What are the current relocation cost rates in PA?  

  • For businesses the cap is $12, 000.
  • For private home owners the damage cap for relocation costs is $27,000.
  • For tenants, the damage cap is $6,300

What damage cap rates for relocation costs in PA considering?

  • $25,000 for businesses
  • $31,000 for residential owners
  • $7,200 for tenants

Fox Rothschild | PA considering Increasing Condemnee…

Trend: Right and Left Talking Same Eminent DomainReforms in Iowa Elections. 3 Targets.

The usual suspects- Ted Cruz, Rand Paul, Rubio talk eminent domain reform on the campaign trail. Now Bernie Sanders has joined the fray by saying :

“Iowans shouldn’t have their land forcibly taken through eminent domain for use in the proposed Bakken oil pipeline.”

“”The idea of using the power of eminent domain to increase private profits does not make a lot of sense to me,” he said.”

Sounds just like the right’s – no private gain from eminent domain- mantra.

Des Moines Register…

Trend: Eminent Domain Reform. Private Entities Using Eminent Domain in Crosshairs.

South Carolina’s 2016 legislative session and eminent domain reform is on the list.

What group is targeting eminent domain by private entities? The Republican Caucus for the South Carolina House.

What reforms do South Carolina Republicans want?

  • tighten public use so that land “will never be diverted to private control”

Bluffton Today | What to expect in the next session

4 Reasons Midwestern Elected Officials Oppose Eminent Domain for Transmission Lines. Localizing Public Benefit.

State Rep. Grassley, grandson to US Senator Grassley, has 2 points to make to a clean energy line that wants to use eminent domain in Iowa:

  • The Iowa Utilities Board has told you 2 times that eminent domain cannot be separated from your permit application
  • If you don’t allow Iowans to plug in, you’re not a utility & therefore don’t deserve eminent domain powers
  • Missouri also denied your transmission line request (our numbers are growing)
  • We’re also watching your attempt to end run the…

Eminent Domain Trends in Presidential Election: Trump Loves Justice Thomas. Thomas Doesn't Love Kelo. Trump Longingly Loves Kelo.

In South Carolina Trump shared his opinion of Supreme Court Justices. In short:

  • Roberts, not so much love
  • Thomas,  lots of love

Reason took the opportunity to point a slew of inconsistencies:

  • Thomas wrote a strong dissent to the controversial, and much maligned, Kelo decision
    • Tomas wrote, “It [the majority opinion] encourages ‘those citizens with disproportionate influence and power in the political process, including large corporations and development.”
      firms’ to victimize the…