Welcome to the Future!
This story has it all- united landowners upset by pre-condemnation access by a private company exercising eminent domain for a project that won’t produce a direct public use in some states the pipeline crosses. As an added bonus, the Georgia Governor is openly opposed.
Another Southern rebellion is afoot according to the Los Angles Times . Landowners in the South are joining forces to s…
California legislature is considering “SB 593, which would require such “hosting platforms” to give cities and counties the addresses of rental residences, the number of nights the sites were occupied and the amounts the renters paid.”
The big players in this business, Air BnB, and Homeaway, are hiring up. California lawyer types are thinking of it as a new test for the sharing economy- ride share, home share, etc…
How much flexibility you have with using your home &…
Other states have reigned in eminent domain authority by denying eminent domain when there is no public use. Their actions have been via court action, legislation, and regulatory denial of permitting.
The classic example has become a pipeline or transmission line that does not provide service or use to any part of the state through which it passes.
Joining the legislative trend to reign in eminent domain standard of public use. President of the Cattle Raisers writes,”In m…
A former elected official is vowing to defeat incumbents in different districts if eminent domain overhaul isn’t finalized. The target: no eminent domain for private gain.
Iowa is quickly moving forward to make it considerably more challenging for a private comapny to exercise eminent domain.
“Use of eminent domain also deepens the feelings of landowners and others “who feel the average person’s freedom and liberty doesn’t matter anymore and that big corporations with pol…
A transmission line that was denied eminent domain in Arkansas, faces a second denial for the use of eminent domain because the transmission company cannot show need.
From the regulators:
” A Missouri Public Service Commission staff report found that while CLEP demonstrated abilities to …
South Carolina lawmakers tells us their emoinent domain laws are old- decades old. Back in the olden days lawmakers though of eminent domain as something for utilities and power companies, not pipelines.
Specifically, lawmakers never considered pipelines owned by private companies. Whereby private companies gain eminent domain.
The proposal would require oil and gas pipelines to gain approval from their version of the PUC and of TCEQ before being afforded the ability to us…
On the 10th anniversary of the 2005 U.S. Supreme Court decision Kelo, there’s a new focus on how the transfer of land harms the poor.
The Washington Post, Volokh Conspiracy, features a heavily edited quote from the NAACP, post-Kelo:
“As Hilary Shelton of the NAACP put it in testimony before the Senate Judiciary Committee, “allowing municipalities to pursue eminent domain for private economic development [has] … a disparate impact on African Americans and other minorities……
17 states have passed laws concerning drones. The Feds say, who cares- we control air space, not the states. It’s the perennial states right fight.
The International Association of Chiefs of Police says they have few tools to protect citizens from drones.
The Wall Street Journal points us to a 1946 the US Supreme Court established that property owners have exclusive control of the area immediately above their land, which is estimated to be 83 feet.
Posted indrone, legislation trend, private property rights
Willing buyers, a hot topic in eminent domain. No one wants to be forced into selling their property. So, who doesn’t like this idea? Private property rights as engrained in Texas as the Lone Star. Dueling private property rights are facing a detante. Denton’s fracking ban sought to protect use and enjoyment of your private property, your home. In contrast, HB 2595 would prohibit initiative and referendum petitions that restrain private property rights. Sounds just like what Denton did, until one sees that there are also private property rights in mineral interests, which is what HB 2595 sought to protect. <...
IA Eminent Domain Bill Requires 75% Land Be Acquired by Willing Buyer.
Many Faces of Private Property: Mineral Rights or Property Rights on Your Homestead?