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The Iowa Citizens for Community Improvement joined a coalition called, Bakken Pipeline Resistance Coalition. It sounds like Occupy movement, which recently started promoting anti-eminetn domain causes, like this.
But, Iowa Citizens for Community Improvement is led by a 67 year old, retired former Department of Natural Resources official.
The whole shebang is encouraging more private negotiations. Iowa posts online negotiated easements, and the company cites 60% of the land being…
There’s a possibility eminent domain could be used for expanding the Convention Center. Perhaps maybe plus a whole slew of ther hedge words, eminent domain may be used for a project that includes a new Westin properties hotel on Ceasar Chavez near/linked to the Convention Center.
Naturally landowners and businesses are opposed to the use of eminent domain, but then the story gets interesting.
The response from the city on whether eminent domain is very nuances, let’s look:
In a long attorney general opinion, relying on case law from Nevada to Florida, the attorney general of South Carolina has issued an opinion that an oil and gas pipeline in all likelihood does not get the privilege of eminent domain.
The opinion discusses South Carolina Courts, and other courts, striking down eminent domain for private companies.
Its a trend that has been sweeping the nation from courts to legislatures. Everyone is looking for a public use connected to the land that is…
The trend that keeps on growing: regulators denying eminent domain authority for private entities.
In this case, Missouri regulators denied eminent domain authority for an electricity transmission line that would run through Missouri but would supply electricity to the benefit of Kansas.
From St. Louis Post-Dispatch:
“The Missouri Public Service Commission’s 3-2 vote to deny the Grain Belt Express project’s route stalls the entire line, which already won approval from Kansas and…
The ongoing Montana eminent domain fight for Missoula to take its private water utility by eminent domain has reach a new milestone. The global equity interest holder of the water utility has filed an appeal. Missoulian
The same happended recently inTexas. The year, 2014. The case, Zachry v. Port of Houston. A global equity interest, named Zurich, stepped in to offer an opinion that sided with Zachry. Will government contracts and eminent domain end up in court more often because of…
Way back when SB 18 passed in 2009, it required governmental & private entities with eminent domain authority to report to the Comptroller. They did, and more than 6,000 said, yes, we have the power to take private property.
This year that number will grow by at least the 150 or so special purpose districts that were created and granted eminent domain authority.
Water is a precious resource. Missoula Montana has recieved court approval to sieze a private water company by eminent domain.
The private water company now has 30 days to provide Missoula with an appraisal of its valuation.
The legal fees to get to this point: $3 million.
Posted incompensation, legal trend, private company, private property rights, water
A Miami-Dad jury awarded a land owner $855,000 in a partial taking suit. The local governmental entity initially offered $45,000 for the land it needed to build an emergency access bridge. This story has it all- united landowners upset by pre-condemnation access by a private company exercising eminent domain for a project that won’t produce a direct public use in some states the pipeline crosses. As an added bonus, the Georgia Governor is openly opposed. Another Southern rebellion is afoot according to the Los Angles Times . Landowners in the South are joining forces to s… Other states have reigned in eminent domain authority by denying eminent domain when there is no public use. Their actions have been via court action, legislation, and regulatory denial of permitting. The classic example has become a pipeline or transmission line that does not provide service or use to any part of the state through which it passes. Joining the legislative trend to reign in eminent domain standard of public use. President of the Cattle Raisers writes,”In m…Jury Awards $810,000 more than Initial Offer for Partial Taking
Landowners Form Pipeline Rebellion; Get Assist From Landowner Owning 3 Newspapers.
Cattlemen Sieze Trend: Public Use Standard has run amuck