Welcome to the Future!
Which states are eminent domain battlegrounds? Georgia & South Carolina
Which issues are resonating? prohibition on eminent domain exercised by or in support of private companies
Are there new, post-Kelo coalitions? Yes, property rights advocates + environmentalists
The primary eminent domain target? Pipelines
The answer for pipelines? Condemning in federal court, under federal laws that do not provide as great protection for landowners and may preempt state law
The high speed rail project: Texas Central Rail, Dallas-Houston line
The court: a Harris County Court
The issue the court was considering: precondemnation access to land by the rail
Why landowners claim victory: The request for access to the land was withdrawn
Why high speed rail claims victory: No meaningful decision was made by the court
Houston Chronicle | High-speed rail land dispute lands in Houston court
The State: Tennessee
The County Resolutions: Urge the State Legislature to prohibit eminent domain to benefit private projects
Is this bigger than banning eminent domain for private entities? yes, it calls for a prohibition on government use of eminent domain to benefit a private entity
Jefferson County TN Standard Bearer | Carmichael re-elected as chairman
These high profile Texans signed an ad that ran in the Dallas Morning News opposing the Trans Pecos Pipeline:
Who organized the ad? Big Bend Conservation Alliance
Other celebs involved in anti-pipeline/anti-eminent domain issues: Leonardo DiCaprio, Tommy Lee Jones, Jason Mamoa, Exra Miller, Ray Fisher, Pharrell Williams, Susan Sarandon, and Shailene Woodley
The local governmental entity: South San Joaquin Irrigation District
The private utility: PG&E facilities in Ripon, Escalon, and Manteca
The purpose for condemning the private entity: Saving the residents of the irrigation district at least 15%
Current status: In July the irrigation district filed eminent domain proceedings
The potential attorney fees: Looking for a guide to the Missoula, MT eminent domain acquisition of a water utility, attorney fees could be more than…
North Dakota in 2015 passed a bill prohibiting quick take of property for eminent domain. it was vetoed. An interim study was convened. Where are they now?
Yes, it was. State Representative Hitchens in a pipeline supporter & author of the 1 year ban on eminent domain.
Why? What pushed him over the edge? A private property rights supporter, a veteran, a retired law enforcement officer, a wildife supporter, and it had been 23 years since Georgia grnated private companies the power of eminent domain.
The 23 year time span since authorization was the tipping point? Partly, Yes. Technologies have changed on pipeline safety.
What landowner…
Background: Georgia legislatively haled eminent domain by private companies while it assessed how pervasive private eminent domain use is.
The official name of the commission: Joint State Commission on Petroleum Pipelines
What types of individuals were appointed by the Georgia Governor to the Eminent Domain Commission?
Which County wants to require county permits before construction on high speed rail may begin? Grimes County, Texas
Is the proposal supported by state lawmakers? Yes. Support has been indicated by Sen. Schwertner, Rep. Schubert, Sen. Birdwell, Rep. Ashby & Sen. Kolkhorst
What would trigger a permit? Any construction crossing a county right of way
What would the application include? A requirement that the entity has state or federal authority to use eminent domain
Are other counties…