Category Archives: private company

Eminent Domain. City Acquires Water Utility. City Alleges Bad Faith.

Which city sought to aquire by eminent domain a water utility? Missoula, Montana

Who does the city allege acted in bad faith? The Carlyle Group

Where did the Courts fall on eminent domain? Montana Courts sided with Missoula to allow eminent domain against the water utility

What bad faith actions does the city allege against the Water Utility & its holding company?

  • fraud
  • negligent misrepresentation
  • deceit
  • breach of fiduciary duty
  • deceptive and unfair acts and practices
  • civil…

4 Ways Southerns Think about Eminent Domain.

National Geographic’s website has a feature piece entitled, Palmetto Pipeline: An Eminent Problem. Here’s what you need to know:

  • Southerners aren’t opposing pipelines for environmental reasons, but for private property reasons.
  • What didn’t sit well with landowners is that the pipeline can take an easement via eminent domain, leaving the property owner to pay taxes on land that it can’t use because the pipeline is on it.
  • In 2016, government officials denied eminent domain because there was…

Job Creation Leads to Eminent Domain Veto

Which governmental entity vetoed an eminent domain project? Outagamie County Executive 

What governmental purpose was the project fulfilling? A new Sheriff’s department facility

What was the reason for the veto? It came to light a private company would operate the facility and create 100 jobs

WeareGreenBay.com | Outagamie County Executive to veto eminent domain plan

Texas Transportation Project Saying No to Eminent Domain. Yes to Profit Sharing with Landowners.

The start up:    Transonic Transportation LLC

The rail project:   A hyperloop connecting Austin & San Antonio

The use of royalties instead of eminent domain: Instead of acquiring land, the model involves giving dividends and profit sharing to landowners

The pro-private proeprty rights angle: Since hyperloop track would be build on pylons, there is no barrier to access to land, unlike when tracks are laid on the ground.

San Antonio Business Journal | Exclusive: Making way for…

High Speed Rail Expert SayS Eminent Domain is a Subsidy

The Expert: Stanford University economics professor Alain Enthoven

The Subsidy angle: Eminent Domain is a subsidy.

A conservative writer points to Enthoven and 2 other “experts” to support the argument that subsidies will be involved in Texas High Speed Rail.

Ft Worth Star Telegram | Crystal Wright | Is rail company lying about building Texas bullet train without subsidies?

Legal Trend: Appeals Court denies Eminent Domain Authority to Pipeline. The 3 Private Property Rights Arguments.

Joining other courts, which appelate court denied immediate eminent domain authority for a pipeline? A Pennsylvania appeals court

What argument is made to deny eminent domain authority to the pipeline? 

  • The pipeline has not obtained approval from the state agency that must approve a certificate of convenience and necessity to trigger eminent domain authority
  • Plus, the pipeline is interstate
    • so it can’t be regulated by the state
    • and, there is no interstate eminent domain…

3 Economic Impacts to City of New London, Post-Kelo.

  • The land taken for the infamous Kelo case, remains largely undeveloped and thus not an increased tax revenue source
  • The job creator, Pfizer, left before its property tax exemption expired, and would have increased its taxes by 400%
  • New London lost 1,500 jobs when Pfizer left

Legal Solutions via Reuters | TODAY IN 2005: SCOTUS DECIDES KELO V. CITY OF NEW LONDON

Lege Trend: Eminent Domain + Redevelopment + Blight = Property with lower than state average income.

Which large western state utilizes redevelopment agencies that have eminent domain authority? California 

When did redevelopment use of eminent domain slow? During the financial downturn

Which use of emient doamin garnered the ire of property rights advocates in California?

  • The use of eminent domain 
  • To transfer private property to another private party
  • The transfer, used by school districts & local governments, was to increase jobs or increase tax revenues

What’s the California…

INTERIM. 4 Ways Eminent Domain is Destroying Texas Landscapes

Let us count the ways that eminent domain is destroying land, irreplaceable landscapes and precious natural resources in Texas:

  • Private companies using land for profit
  • utilities and infrastructure running rampant
  • The proliferation of MUDs
  • MUDs serve private developers 

Wimberley Valley Watershed | How Eminent Domain Abuse is Destroying Texas’ Most Valuable Landscapes