State: Idaho
The landowner bill of rights, HB 301, has these goals:
- protect private property rights
- & at the same time support the new oil and gas industry in Idaho
Idaho Press Tribune | Modernize oil and gas laws and protect landowner rights
Category Archives: private company
Private Property Rights Trend: Local Tax Deal. Sunshine State. Home Sharing.
Which mayor reached a a tax deal with AirBnB ? Miami Dade Mayor
Which taxes will AirBnB now collect in the Miami-Dade area?
- 6% Miami-Dade resort tax
- Miami Beach 4% convention Tax
How the Palmetto State Frames No Eminent Domain for Private Gain
What’s happening in South Carolina? The South Carolina Legislature is headed to restrict or limit eminent domain for pipelines.
This is how the Republican Chairman of the Substantive Committee is framing the issue:
- “Regardless of what we do with eminent domain” (a ban or harder regulator standards)
- “the pipeline companies can still negotiate with landowners”
- “to purchase an easement or right of way, or buy the property outright” (pipelines have options)
- “We are talking about private,…
Peach State Bill Sets Up 2 Step Process for Private Entities & Eminent Domain.
Georgia’s Senate Bill 191 sets up this 2 step process for a pipeline to obtain eminent domain:
- receive a “certificate of need” from the Georgia Environmental Finance Authority; AND
- approval by Georgia’s environmental agency
A late amendment prohbited pipelines in coastal areas, the Georgia Coastal Zone Management Program, to “protect the drinking water.”
Atlanta Journal Constitution | Georgia Senate approves new pipeline limits
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.
1st Amendment Protections in Eminent Domain. Case Study on Religion Owned Land.
Where: West Virginia
The eminent domain project: A gas pipeline
The religion owned land: Hare Krishna community
The 1st amendment argument: “infringement on its freedom of religion rights and “seeks to take a non-metaphorical bulldozer through the Vrindaban Parties’ property, and in turn, through their most sincerely held holy sites.”
The property to be taken: 50-foot-wide right of way about 3,000 feet long
The Offer: $7,000
Stay Tuned.
Private Property Rights: Eminent Domain by 1000 Property Fines. 3 Steps to Nouveau Eminent Domain.
Which city is subject to an Institute for Justice lawsuit for fining its way to eminent domain? Charlestown, Indiana
What’s the alleged nouveau eminent domain use? Fining property owners out of their homes for minor infractions, like a torn screen. Its a bludgeoning by the housing code.
What happened after 1000s in fines accrued? The city made offers to land owners that the fines would be waived if the property owner sold their property to a developer for $10,000.
State Law Prohibits Eminent Domain for Private Gain. How do Pipes and Lines get built?
The State: Pennsylvania
The eminent domain prohibition: no eminent domain for private enterprise, even if there is a public use
The pipeline project: An interstate liquid natural gas pipeline is subject to federal law that allows for eminent domain even when state law prohibits it
Penn Live | Second Sunoco pipeline possible in Cumberland County, landowner continues fight
Eminent Domain by Private Entities is Crony Capitalism.
Tyler Morning Telegraph editorial opposing Texas Centrail Rail raises these 3 points:
- This isn’t a rural-urban issue. This is a property rights issue.
- You can’t say this is a private enterprise, promoting free market when you use eminent domain, because eminent domain is the opposite of free market.
- This is crony capitalism with the government “thumb on the scale”
Tyler Morning Telegraph | Editorial: Texas bullet train an example of crony capitalism
5 Bills + 5 Companion Bills. Eminent Domain Reform for Rail Only.
A legislator coalition joined forces to limit eminent domain for high speed rail. Who is involved?
- Senators Birdwell, Creighton, Kolkhorst, Perry, & Schwertner
- Representatives Ashby, Bell, Cook, Schubert, and Wray
Which eminent domain issues are being addressed?