Welcome to the Future!
LB 473 would prevent eminent domain for private companies. It’s a direct response to the Keystone XL Pipeline ruckus in Nebraska that has seen protests and court rulings thus far blocking eminent domain.
More than 11,000 people have signed a petition supporting this bill for Bold Nebraska, a group opposed to eminent domain for private pipelines.
Restricting the use of eminent domain is en vogue. Idaho’s Senate passed a bill to stop cities from using eminent domain to build hiking trails, bike trails, and greenways.
Idahoans love their green space. The state is almost entirely greenspace. Idahoans don’t love eminent domain. The bills author said this of eminent domain:
“eminent domain gives cities too much power.”
Texas looks to also stop cities from using eminent domain for trails and green space.
Posted in2015 legislation, land use, legislation trend, private property rights
A vocal group at a transmission line public meeting echoed the refrain- no eminent domain for private gain. It rhymes which makes it good for protest marches. A Houston Company is the target of this group of landowners. The company, Clean Line Energy Partners, is seeking the federal government’s buy-in to a wind energy project in Oklahoma & Arkansas. If the federal government gets involved, then the company gets eminent domain authority. 200 landowners showed up to a m… St. Louis Aldermen approve the use of eminent domain to retain an employer in St. Louis, the National Geospatial Intelligence Agency. The choice was retain 3,100 jobs or use eminent domain against 30 properties. The vote was 17:11. National Geospatial Intelligence Agency has not indicated if it will stay in St. Louis or relocate, but eminent domain use has been decided to try to keep it in St. Louis.
Posted ineconomic development, legislation trend, private company, private property rights
In a 7 year legal tussle over whether Denbury is a common carrier, the 9th Court of Appeals ruled that Denbury is not a common carrier. Sounds innocuous, except that common carrier status grants Denbury, a private pipeline company, the power of eminent domain. Common carrier status comes with great power. The Legislature tried to fix the common carrier issue in 2013, but an elegant point of order stopped it. In the summer of 2014, the Railroad Commission tried to fix it by rule ma… Fracking & private property rights. Eminent domain is triggered at many levels in fracking. It can br triggered by the pipeline moving the oil to refining. It can be triggered when new roads are needed. It could be inverse condemnation when a regulation, like a fracking ban, limits how people can use their land. Senator Konnie Burton says cities should not be able to infringe on private property rights. Her
Posted in2015 legislation, legal trend, legislation trend, pipelines/common carriers, private company, private property rights
7 eminent domain bills have been filed to curb the powers of condemning entities. Activists are organized. The games are set to begin. The playing field favors their success. Property Rights is a tenant of Republicans and all Texans. Republicans control every facet of Texas government. In the last 7 days, these media outlets have focused on Texas eminent domain reform: A quickly moving constitutional amendment in North Carolina makes it harder for condemning entities to take private property using eminent domain. How does it increase the burden on condemning entities? By limiting eminent domain to public uses- roads, court houses, schools, and prohibiting eminent domain for projects that do not have a clear public use. Its a proposal also beloved by private property rights proponents in Texas.
Posted inlegislation trend, private property rights
In the last year, opposition to eminent domain has turned more vocal and more public. Opponents have: This week we have “”Death of Demo… When eminent domain negotiations fail, the parties move to court. But, what happens when a court sides with a landowner and awards substantially more for their property? If SB 474 passes, a land owner that prevails with an award that is 10% higher than the last negotiated offer can have their attorney fees paid by the condeming entity. It’s loser pay for eminent domain and applies to…No Eminent Domain for Private Gain. Gaining Steam Fighting Wind Power Lines.
Update: Eminent Domain to Retain Employers?
9th COA Rules: No Common Carrier Status.
Private Property Rights >The Fracking Bans. Do Property Rights Trump All?
Eminent Domain Reform Has Arrived in Austin. 7 days. 12 news clips. 7 bills to curb eminent domain.
Lege Trend: Higher Constitutional Standards for Condemning Entities
Activist Alert: Death of Democracy. March Protesting Pipeline Eminent Domain
New Bill Filing: Attorney Fees Imposed Against Losing Condeming Entities