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Legislature's 1 year Ban on Eminent Domain replaced with Stricter Eminent Domain Laws

In 2016, Georgia, the state and not the country, placed a 1 year moratorium on pipeline use of eminent domain.

The restrictions that replaced the moratorium include:

requires greater disclosures from pipelines including evidence of financial responsibility
all parties can appeal administrative decisions, previously only companies could appeal

Georgia’s Community Holdings Inc | New pipeline rules limit eminent domain

Lege Trend. Clarifying Eminent Domain for Charter Schools. 3 Issues Western State Tackles

Utah is working on legislation to make clear that charter schools can exercise eminent domain. Here’s what the bill author wants to accomplish:

Statutorily state that Charter Schools are public schools. Public Schools have eminent domain authority so do charter schools.
Clarify which charter school entity has eminent domain power. Is it:
- state charter board?
- state board of education?
- the charter school itself?
Clarify that charter schools do not need city approval to use eminent…

Lege TREND. State Constitution Limits Eminent Domain Against Businesses.

State: Louisiana

The eminent domain issue: A private dock entity, Violet Dock Port, had been operating in St. Bernardship parish. The Port Authority wanted to acquire its private competitor. Violet and the Port couldn’t agree on a price, so the Port Authority used eminent domain & began operating the Dock Port.

The Louisiana Constitution says: “no business enterprise or any of its assets shall be taken for the purpose of operating that enterprise or halting competition with a government…

Lege Trend. What happens when counties have input into infrastructure projects that use eminent domain?

In Missouri, the Missouri Supreme Court upheld an appellate ruling that effectively stopped a transmission line plan.

How could the court do this? In Missouri to build a transmission line, the state agency must have input from the counties. Why? Because state law says counties must determine whether a proposed project meets engineering & safety guidelines.

6 of the 8 counties said no to the transmission project. The project backers had asked the MO Supreme Court to not require the county…

3 Reasons for No Eminent Domain for Private Gain from a Paper Dating to 1896.

The Wilson Times (Wilson, N.C.) likens eminent domain by a private corporation to trying to buy heirloom tomatoes at a grocer by tossing some coins on the floor.

The Wilson Times sets out these 3 reasons opposing eminenbt domain by private companies:

When land men tell land owners that courts will rule in the corporation’s favor, that is an unauthorized practice of law by offering a legal opinion;
Companies reap profits forver from eminent domain while landowners have a lifetime of…

Lege Trend. Republican Resolution. No Eminent Domain for Private Gain. 3 Bits of Intel Unifying 3 Opponents.

State: Illinois

The project sparking the no eminent domain for private gain refrain: Great Lakes Rail

The Resolution, HR 437 (2017), hits on these 3 points:

private company using eminent domain
up tp $90 million permanent loss of agricultural revenue
endangers local wildlife

Illinois Valley News Tribune | Rep. Long bill opposes Great Lakes Rail, eminent domain

Lege Trend: Does Eminent Domain for Private Entities Meet Constitutional Standards? This Red State Wants to Know.

State: Nebraska

The legislative study: • Does granting eminent domain authority to for-profit entities meet the constitutional requirement of a public use?

The legislation: Nebraksa State Senator Justin Wayne LR243 (2017)

York News Time | Resolution would stipulate hearings on eminent domain issues

3 Points from Eminent Domain Pits Property Rights vs. Energy

Background for article: A land owner who was offered less than $50,000 for mile-long swath of pasture and oak trees that abuts the family cemetery, and a commissioners court awarded more than $600,000.

How the article sets up land owners v. energy:

Landowners claim that not allowing a land owner who prevails to be awarded attorney fees “provides incentives for utilities, pipeline companies and government entities to undervalue properties in eminent domain takings”
Energy industry argument…

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…

Eminent Domain Hearing in Nebraska Results in Threats of Civil Disobedience.

State & Pipeline: Keystone XL in Nebraska

What is the hearing about: Whether the pipeline can be granted eminent domain authority

What happened at the 10 hour hearing:

Allowing for eminent domain, according to private proeprty rights supporters would result in protests that “would make the mass protests that accompanied the Dakota Access Pipeline in North Dakota look like a “dress rehearsal.”

With how many of the landowners has the pipeline reached an agreement? 90% of the landowners have…