Require 75% of Land to Be Acquired by Negotiation Before Eminent Domain Authority is Granted

Iowa’s proposal to require condemning entities to negoitate agreements for 75% of the land it needs to aquire continues to move rapidly through the Iowa Legislature. It is expected to easily make it to the Governor’s desk for his signature. WNAX

Arguments AGAINST Eminent Domain GROW

Surprise, surprise, more people oppose eminent domain according to an Austin environmental  lawyer.  

Opposition to eminent domain use for a water pipeline that seeks to move East Texas water to DFW has fueled campaign contributions, and court cases related to open records. 

Tarrant Water Campaign is Over East Texas Land: Ft Worth Star Telegram

Lege Trend: Require % of Land Be Negotiated Before Eminent Domain Use

Targeting private entities that have the power of eminent domain, Iowa, wants to require projects to negotiate purchases with 75% of the private land involved in a project before eminent domain can be triggered.

The bill targets a pipeline project and a transmission line project. The pipeline has only been able to neogtiate 50% of the land acquisition while the transmission line has negotiated purcahse of 15% of its land acquisition.

adminPosted inlegislation trend, pipelines/common carriers, private company, private property rights, process & procedure, transmission lines

Bill Action: Civil Forfeiture is the New Eminent Domain

This week House State Affairs Committee heard testimony from Matt Miller, of the Institute of Justice. He drew comparisons between eminent domain and asset forfeiture.

He compared the government’s ability to take property from innocent Texans without charging them of a crime with the ability of the government to take property from innocent Texans for a public use under eminent domain. 

Refreshing our Recollection: The Institute for Justice is the the group of attorneys that…

Lege Trend Arrives in Texas: No Eminent Domain for Railroads

In Texas, The Senate Committee on Transportation approved SB 1601 which would deny eminent domain for high speed rail in Texas.

In Minnesota, all railroads may have their eminent domain authority revoked or curtailed by local government approval of projects. Opponents to a rail plan cite problems for emergency responders, increased train traffic, and lower property values in their desir…

Lege Trend: Limiting Eminent Domain for Electric Transmission

Missouri wants to block emiennt domain authority for Missouri electric transmission companies that do not contribute electricty to the regulated electric grid for the use of Missouians. 

To receive eminent doamin authority, the electric transmission compnay would have to demonstrate a need or benefit to Missouri.  Land woner groups, agricultural groups, and cattle groups support the bill.

Add it to the laundry list of new eminent domain regulations that reign in eminent dom…