Category Archives: Pre-condemnation Access

3 Policy Issues. Eminent Domain and Wildlife.

The federal government’s Texas border wall illumates 3 eminent domain issues that impoact wildlife. 

The border wall is planned to run through the National Butterfly Center, a reserve for residential and migratory birds and butterflies and the impact to wildlife has been:

  • Access.  Surveyors have left gates open after deaprting the facility
  • Changes to wildlife environment. equipment and stakes impact sanctuary grounds
  • Communication  Communication between the surveyors and the wildlife center…

Local TREND. Property Rights. Public Access to land with Grave Sites.

Local government: In 2012, Scott Township, in eastern Pennsylvania, required land owners to provide public access to grave sites, if the township determined there may be a gravesite

How precondemnation access came into play: Officials toured the property, identified some loose stones that may mark a gravesite, and required public access.

What happens under this ordinance if property owners do not grant access to grave sites? Fines.

Why does this matter? The US Supreme Court hears the case of…

Legal Trend. Pre-condemnation Taking. Pipelines. 2 Reasons Libertarians Side with Land Owners. WHO. WHAT. WHERE. IMPACT.

WHO: The libertarian Niskanen Center

WHAT: Libertarians, supporting landowners over a FERC permitted pipeline in a dispute over pre-condemnation access, offer these 2 reasons for siding with Landowners over economics:

  • DUE PROCESS FOR LANDOWNERS “No court has ever held that property owners can be forced to wait indefinitely for the constitutionally-required hearing on the taking of their land, and this Court should not be the first,”
  • FERCs approval process violates landowners’ constitutional…

8 Property Rights Points from Rural Land Owners. Pipelines from Permian Basin to the Texas Gulf.

A lawyer representing rural landowners writes:

  • Private for-profit companies are given the government’s power to take private property under assumptions that this is good, common good
  • Are we rubber stamping common good projects for public use/benefit?
  • Why are we taking land before the process is approved by the courts?
  • We need to look at the costs and benefits of eminent domain
  • What happens to old pipelines and how does this get factored into the costs and benefits?
  • Landowners are in an…

Pre-condemnation Access. Court Rules to Limit. State Moves to Change Laws to Mirror Ruling.

California Supreme Court limits the right to precondemantion access in that:

  • any claims arising thereof require can trigger a jury for compensation determinations &
  • that precondemnation access and inspection can, in and of itself, be a taking that is compendsable

 

To make the California Supreme Court ruling align with California Statutes, the California Law Revision Commission is recommending changes to the request code sections that will clarify the jury requirement for compensation.

Why…

2 Restrictions on Quick Take Eminent Domain from the Midwest

In Illinois, for a county to use quick take eminent domain, it requires:

  • Legislation
    • Pass both chambers of the Legislature
    • Be signed by the Governor
    • Be approved by the County Board 
  • The Quick Take eminent domain authority has a clock
    • It must be exercised within 1 year

Illinois Senate Bill 567 (2017)

Herald Review | Macon County eminent domain authority awaits Rauner OK

LEGAL TREND. TX Judge Enjoins Pre-condemnation Access Surveys

The legal fight: Texas Central Rail and Grimes County

The court:  506th District Court in Texas

The judge’s words: The defendants (Texas Central Partners) and their agents are permanently enjoined from performing surveys or other studies which damage, alter or impair county maintained rights of way,”

What Grimes County says it does: prevents Texas Central Rail from exercising precondemantion surveys  & Texas Central Rail does not have eminent domain authority

What Texas Central Rail says it…

1 Pending Texas Central Rail Landowner Lawsuit. 3 Things to Know.

  • A lawsuit from 78 year old property owner and a countersuit by Texas High Speed Rail had a hearing this week
  • What put them into court was whether the rail could have pre-condemantion access to the property to survey it
  • What kept them in court, when Texas Central Rail, had dropped other similar lawsuits, was that this lawsuit wanted Texas Central Rail to admit that it did not have eminent domain authority

No ruling yet from the Court. 

KBTX | Leon County landowner meets high speed rail…

Show Me State. Show Me Property Rights. 3 Points informed: intel

  • demand responsible routing of utilities along property lines, boundary lines or section lines
  • require minimized land damage
  • Limits the amount of PSI exerted on soil

What supporters say: “protects our property rights from those who would steal our land for their own profit.”

How does the bill apply? It applies to all condeming entities BUT only to agricultural land.

Missouri HB 640 (2017)

Southeast Missourian | Mo. Agricultural bills