Wisconsin Counties are passing resolutions to support legislation that would prohibit eminent domain for private gain.
Daily Jefferson County Union | Eminent domain reform reviewed
Category Archives: private company
Lege Trend. No Eminent Domain for Private Gain in a Lake Effect Snow State. Airports, Trains, Hospitals, oh my!
Illinois House Bill 4150 accomplishes two goals:
- limits the use of eminent domain to only public uses
- explicitly removes railroads from public use
If a private entity is involved in the project the following 6 steps must occur:
- the condemning authority must prove by a preponderance of
the evidence that:- (i) the acquisition of the property is necessary for a public purpose;
- (ii) the acquired property will be owned by the condemning authority or another governmental entity; …
Legal Trend. What you need to know about Texas Cities Suing Over Right of Way Fee Caps
Why are cities suing? The cap on the amount cities may collect per network node violates the state constitution & is only a fraction of what cities have been getting from private companies
Does a right of way, like a network node right of way, have to be compensated? Yes.
What do supporters of the law say? “helps consumers and small businesses by improving the quality of the networks where they live, work and play.”
What do non-city opponents of the law say? The cap cuts out private…
Unusual Eminent Domain Bill. States Buying Professional Sports Franchises.
In 1984 the Maryland Senate passed a bill allowing the state of Maryland to use eminent domain to acquire the Colts.
Why did Maryland want to buy the Colts? To prevent the franchise from leaving.
Did it work? No, before the Maryland House could pass the bill, the owner struck and deal and moved the team to Indianapolis.
Columbus Dispatch | Michael Arace | Powerful are complicit in Crew move; it’s how the game is played
Property Rights Trend. Are developer fees a taking?
Property developers in Los Angeles California are charged a fee that subsidizes affordable housing.
How did this end up in court? Developers argued that the fees are tantamount to a taking of private property “for public use without just compensation.”
What happened in court? The U.S. Supreme Court on Monday, October 30, 2017, refused an appeal that upheld the affordable housing fee.
California State Courts found that the developer fees are: a reasonable regulation of development.
A Public Private State Data Project + Eminent Domain?
Kentucky is wiring the state for internet with the aptly names- KentuckyWired project.
To wire bluegrass country, the state Kentucky Communications Network Authority (KCNA)is overseeing the public private investment.
What eminent domain rumors are swirling in the bluegrass? That homes are being taken away.
How did Kentuckywired respond:
- Simply not true.
- Most of the projec ti son public land
- 99% of landowners have agreed to easements that correspond with existing above ground cable,…
Campaign Trend. No Eminent Domain for Private Gain. Southern Edition.
A Virginia House of Delegates candidate has phrased her opposition to eminent domain as:
“protect individual property rights from eminent domain when it is to be used to benefit private corporations rather than the public.”
Augusta Free Press | Sierra Club endorses Michele Edwards in 20th District House race
Anatomy of a Business Response to a City Eminent Domain For Easy Access to a Entertainment District
The City: Oklahoma City, OK
The Entertainment Distict: Bricktown
The city’s goal with the property acquisition: make it easier for people to get into Bricktown
The land the city needs to get to this goal of easy access: A U-Haul Parking Lot
Is UHaul agreeable: Yes to the project. No to the city offered compensation.
What was the business response: An open letter to the City that makes these points:
- The city is asking us to rebuild and eat $4 Million in the cost of new permits and…
Eminent Domain for Pipelines & Energy Projects : Bringing the Right & The Left Together
How is eminent domain bringing together “gun toting conservatives” & “liberal envrionmentalists”? Eminent Domain use for pipelines
Tell me where this is happening…? In Virgina & North Carolina with opposition to the Atlantic Coast Pipeline, which is set to bring natural gas from West Virginia, Pennsylvania, and Ohio to electric power plants in Virginia and North Carolina
(it also happened in Keystone XL)
Duke University | The Chronicle | They’ll be singing Kumbaya
TX Lege. Eminent Domain Reform Required via Rep. Ernest Bailes
State Rep. Ernest Bailes says the Texas House needs to revisit these eminent domain issues:
- Bailes’ interim charge request for Land and Resource Management COmmittee: “examine the process by which private property is purchased or taken by entities with the power of eminent domain.”
The Huntsville Item | State representative staying busy with county fair, interim charges