Category Archives: legislation trend

Eminent Domain & Stadiums Like Oil & Vinegar.

Eminent Domain and stadiums is a controversial. Eminent domain by its self it controversial. Add in publicly funded stadiums and the controversy goes from jalapeño hot to ghost pepper hot.
 
Boston has decided to not use eminent domain to build the 2024 Olympic Stadium using eminent domain.  
 
Local governments declaring no eminent domain is very trendy.  Boston did it. North Texas cities did it this fall in protest to the Texas Toll Autho…

Lege Trend: Eminent Domain for Intangible Property?

Seizing business permits by eminent domain is new. Connecticut is doing it to solve a state transportation issue. The CT Department of Transportation seized permits from a private bus company to make way for a new public transportation project.

The private companies sued. The Court allowed eminent domain to be used for the permits relying on the the use of eminent domain in CT for facilities, and lumping the bus permits in with facilities. 

A Republican Senator in CT is not…

Private Texas Company Using Eminent Domain Called A Threat. Government Overreach.

Put 800 people together, many of whom are conservative, and momentum builds to oppose a  private entity from using eminent domain to build a new transportation network.

What don’t people like about private companies using eminent domain?

  • Rep. Will Metcalf: 

    “I am not a happy camper,” said state Rep. Will Metcalf, R-Conroe, adding he is frustrated by the lack of transparency on the project. “They are moving forward and we need your help.

    “I don’t believe pr…

Eminent Domain to Retain Employers?

St. Louis is considering using eminent domain to retain a local employer, the National Geospatial Intelligence Agency. 

The Supporters Say:

  • The City will lose 3,000 high-paying jobs 
  • The City will see reduced tax revenue if the employer leaves
     

The Concerns:

  • Using eminent domain against homeowners
  • Locals want the area to remain residential, and not become commerical property

Posted byadminPosted ineconomic development, land use, legislation trend, private property rights

Lege Trend: Eminent Domain Compensation Includes Lost Profits for Business

Compensation is the hottest of hot topic in eminent domain. If eminent domain is a habanero pepper, compensation is a ghost pepper. 

Compensation gets tricker when talking about business property or property on which profits are made. How do profits factor into compensation, is at all?

Virginia is tackling how to factor in profit into compensation by proposing legislation to:

  • Eliminate damage to the residue (remainder) standard
  • Replace damage to the r…

Lege Trend: Tea Party & Bipartisan Support for Eminent Domain Constitutional Amendment

What does the North Carolina Tea Party Backed, Bipartisan Supported, Constitutional Amendment do?

  • Prohibit condemnation of private property for any reason other than a public use.
  • Require just compensation when condemnation procedures are used, and
  • Allow for parties to demand a jury trial.

It has passed the NC House for 3 sessions, but stumbles with a 3/5ths rule in the NC Senate. Posted byadminPosted inactivism, compensation, legislation trend, private property rights

Lege Trend: Royalties to Landowner for Pipeline Easement

Massachusetts State Rep. Stephen Kulik, D-Worthington filed HD 3168 would require:

  • a 12.5% royalty on natural gas transported on a pipeline through the state; IF
  • the natural gas is later sold to a foreign country

Supporters Say:  “The idea is to reimburse people for the taking, because eminent domain is for the public good, not private profit. It’s one thing if it’s for domestic use, and another…

Bills Target Utilities.

In an effort to keep utilities off private lands for surveying, bills in Virginia look to reign in the ability to survey within eminent domain powers.  

Democrats are lining up to defend the utilities right to access private lands. Republicans are lining up on the other side. 

Republicans also want utilities with eminent domain authority subject to open records. Watchdog.org

Information Intelligen…

Eminent Domain is Needed. How to Stop Land Speculation in Eminent Domain.

A list of why eminent domain is necessary is not something that occurs with frequency. A law professor lists reasons why eminent domain is necessary in Detroit:

  • Eminent Domain worked in the past to build factories that still function
    • Look at the  GM Hamtramck Assembly Plant and the Chrysler Jefferson Avenue North Assembly Plant
    • Detroit has collected hundreds of millions of dollars of property and income tax revenue from the plants and their workers