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What isssue was the Ohio Court reviewing? In Ohio, like many states, once an eminent domain petition is filed by the condeming entity, that entity gets the property. It’s called a “quick take.”
Did condeming entities win or landowners? land owners
What did the court say? Cities can’t quick take property for things that aren’t roads. So, no quick take for sidewalks.
What’s interesgting about the OH eminent domain laws? Ohio limits quick take eminent domain to “making or reparing…
Who is involved in this challenge to pre-condemnation access to land? Atlantic Coast Pipeline and a group of landowners
What pre-condemnation is being challenged? A federal court looked at a state law that allowed a condemning entity, in this case a pipeline, to enter land it would otherwise condemn for the purpose of surveying the land.
What arguments did landowners make against pre-condemnation access? “state law violated the U.S. Constitution by taking their property, seizing their…
He said/She said/They Said abounds with the TransPecos pipeline. Its like a love triangle with the drama of a telenovela:
Trans Pecos is building the international pipeline through Big Bend and ranch lands. One of those ranches believes pipeline representatives entered to survey without permission. This trespass included sinking stakes into the land.
As a result of the pipeline trespass…an impending lawsuit. Its a case of landmen gone wild, threatening cease and desist orders against land owners.
California Gov. Brown is proposing to take land via eminent doamin from 300 farmers so some river deltas can be reworked to bring more water to populated areas.
Breitbart engaged a water and land use lawyer with the Pacific Legal Foundation, who said 3 important things:,
Add West Virginia to the list of states where judges are blocking access for pre-condemnation access to land without land owner permission.
Its generally legal that condemning entities can enter land that they will condemn to survey the land. But, that general ability is being called into question by the courts.
In 2014, California trial judge put the breaks on pre-condemnation access. This week, a West Virginia judge is blocking surveyors for the Mountain Valley Pipeline project from…
Long Beach Township took property from 7 beach front owners for a storm water project. Long Beach Township asserts it did so because a state agency told it to do so. A natual reply as that explanation worked well with our parents as 9 year olds- so and so made me do it.
The beach project was voided, a win for landwoners. But, since an eminent domain qualifying project was involved, the state & local government were able to start accessing the property from day 1.
The landowners also…
11 Ohio counties are in the path of a proposed pipeline that has solidified citizen action in opposition to the pipeline.
The pipeline has been trying for 1 year to access property for normal pre-condemnation access to properties. It hasn’t worked.
So, the pipeline filed suit, because people who are already heated over their desire to protect private property also love lawsuits. Not the best logic to gain support, but reasonable legal argument if public support is irrelevant.
What are…
” The Texas Pipeline Association, TransCanada Corp. and tort reform group the Texas Civil Justice League on Monday urged the Texas Supreme Court to review a ruling they say spells potentially disastrous delays for pipeline projects across the state.”
What’s the impending disaster?…
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…