Category Archives: private company

Eminent Case Du Jour for Private Property Rights Think Tanks

The eminent domain case that will be repeated in legislative sessions:

  • GM shuts down factor built on land taken by eminent domain in 1981
  • 4000 people were displaced during the process

Reason | GM Will Shut Down Factory Built on Land Seized in Controversial 1981 Poletown Taking 

+1 Local Government. No Eminent Domain for Private Gain. From the North.

Columbia County, Wisconsin Baord of Supervisors voted to support he following statewide eminent domain reform:

  • prohibit private companies from using eminent domain to take property
  • public good should not include economic growth
  • ensure that landowners can negotiate for a fair price.

Are other Wisconsin counties doing the same thing? Yes, at least 6

Portage Daily Register | Columbia County Board favors eminent domain reform

Sawyer County Record | Rusk County passes resolution calling for…

Update of Final Version. Anatomy of a Bill that Sped up a Pipeline & Transmission Line Tunnel

As signed by Michigan’s Governor, SB 1197 (2018 | MI) will:

  • Include a plan for recruiting, training, and using Michigan workers for the tunnel project;
  • Allow for multiple utilities to use the tunnel;
  • Provide that the tunnel is built to last and will contain potential oil spills in the Straits of Mackinac;
  • Limit liability for the state, the authority, and members of the authority;
  • Require that all necessary government approvals be obtained for the tunnel;
  • Prohibit the use of eminent domain…

Local TREND. Anatomy of an Economic Development Plan with Eminent Domain. Who. Where. What.

Who: Amazon Headquarters 2

Where: New York

What: New York City officials and New York State officials pitch to lure Amazon included the use of eminent domain for prime real estate

What specific eminent domain offers were made?

  • “Subject to public approvals, ESD is empowered to acquire, encumber and dispose of any real property interest, including through eminent domain,”
  • ““ESD can also override local zoning, offer tax subsidies while holding title to a property, and provide lower-cost…

Lege TREND: Private Entities Get Regulatory Approval Before Using Eminent Domain?

This is the question at the heart of a lawsuit in Louisiana.

What does state law look like for eminent domain? To use eminent domain, an entity must receive permission from a regulatory agency.

Is this the middle ground between no eminent domain for private entities and no checks on the use of eminent domain by private entities?

Louisiana Record | Eminent domain laws at heart of suit challenging Bayou Bridge Pipeline, law professor says 

Anatomy of a Bill that Sped up Water Project Development & Prohibited Eminent Domain

Florida’s SB10 (2017 |FL) did 2 things:

  • prohibited the use of eminent domain &
  • “mandated the construction of a reservoir south of Lake Okeechobee”
    • “to reduce discharges to the St. Lucie and Caloosahatchee estuaries in an effort to quash the harmful blue-green algal blooms that have wreaked havoc on Florida waters in recent years”

This week, the results are clear, the reservoir is on target a pace faster than anticipated and no eminent domain is being used.

Florida Politics | U.S. Sugar…

3 Reasons to Reign in Eminent Domain. Editorial from the Black-eyed Susan Flower State

The Baltimore Sun Editorial, Transource fight continues [Editorial], raises these 3 issues with eminent domain:

  • Balance economic interests in eminent domain by comparing whether there are “sufficient economic benefits to justify the..cost and the disruption to the communities”
  • Legislation should re-direct to non-eminent domain alternatives. Maryland is considering requiring that power projects look to existing infrastructure first. 
  • Public Necessity.   need a better balance between property…

Legal TREND. Private Companies. Does Using Eminent Domain Subject you to State Open Records Laws?

Louisianna Courts are tackling whether a pipeline, that utilized eminent domain, subejcts its to open records laws.

The lower court said, no open records laws do not apply.

Next up: Appellate Courts. 

How is this moving through the courts? Via The Center for Constitutional Rights

What information is The Center for Constitutional Rights looking for?

  • company communications about federal, state and local politicians
  • documents concerning opposition to the pipeline
  • records related to LSU…

Legal TREND. Litigating Texas Kelo Fix. 2 Potential Fixes Heading to a Legislature near you.

In KMS RETAIL ROWLETT v. the City of Rowlett, the Texas Supreme Court this fall heard arguments over whether a road easement in a commercial development project violated the Texas Legislture’s legislative repsonse to Kelo v. City of New London.

The trial court and appellate court agreed that the roadway easement falls into  a transportation exception on the prohibtion against eminent domain for economic development purposes in Texas Government Code Sec. 2206.001

What legislative fixes could…

Refreshing our Recollection | READ THE BILL | Cities Build Quickly with Expedited Eminent Domain Process

 

 

 

California Legislature passed AB 987 (2018 | CA) that streamlines building a new stadium for the Clippers & construction by the Oakland A’s by:​

  • requiring litigation to be resolved within 270 days of the filing of the certified record of proceedings

NBC Sports | Pro Basketball Talk | State legislature helps Clippers take next step toward new home arena 

San Francisco Chronicle | Legislature passes bill to help Oakland A’s streamline construction of a Howard Terminal stadium