Lege TREND. Extending ban on eminent domain for unregulated & deregulated private companies

In 2018, South Carolina legislators extended the ban on the use of eminent domain by private pipeline companies.

The ban continues until November 20,2020 while a panel makes recommendations whether whether unregulated utilities should have any of the eminent domain powers that regulated utilities have.

3 Points. Institute for Justice Against Pipelines and Eminent Domain. +1 Solution

Institute for Justice lays out these 3 points arguing eminent domain absue by pipelines:

  • “FERC presides over a system that strips property owners of their rights without courts”
  • FERC dawdles and property owners have access to courts blocked
  • Pipelines can unfairly start cutting down trees even before state permits are granted, with an example from NY of 500 trees cut down on a family farm for a project that was never permitted

the Solution: real judicial review, in a court, before proepty is…

Local TREND. Property Rights. Noise and Light Ordinances. Wind Turbines. 6 Requirements.

An editorial in DeKalb County Illinois is calling for local restrictions on a new wind farm that would address:

  • light pollution
  • minimize the disruption of blinking red lights
  • minimal or eliminated shadow flicker from the blades blocking sunlight
  • consistent setback requirements

What should be required of the wind energy companies:

  • pay the cost to improve roads
  • guarantee property values

Who should be protected by the ordinance(s) according to the DeKalb editorial:

  • land owners 
  • rural…

Campaign TREND. Regulatory TREND. High Speed Rail + Amtrak = Eminent Domain?

Background: 

  • 2016 Surface Transportation Board did not authorize eminent domain for Texas Central Rail proposed high speed rail between Dallas and Houston
  • A 2018 partnership with Amtrak triggered a request for reconsideration of the 2016 eminent domain issue

Campaign TREND.

  • HD 8 primary run-off candidate Cody Harris says the following about eminent domain use and high speed rail:
    • “dishonest and deceitful scheme by Texas Central”
    • “attack on rural property rights”
    • ” transparent assault on…

Legal TREND. City + Private Entity + Agreement = Unlawful Eminent Domain in the Mistletoe State

Where: Muskogee Oklahoma

What propety was taken for what type of project? To expand the parking lot of a VA Call Center, the City took a residential property

What did the residential landowners tell the court? that the taking was to “serve a private purpose deprived them of a property interest without due process in violation of state and federal constitutions”

What did the city say was the reason for the parking lot? Safety and transportation 

The appellate court: An agreement between the…

Campaign TREND. Privatizing Land That Had Been Taken by Eminent Domain for Public Utilities.

The Campaign: Congressional Candidates for 2nd Congressional District in Tennessee

The Eminent Domain Issue: When the Tennessee Valley Authority was created, land was taken by eminent domain. Legislative proposals seek to privatize the Tennessee Valley Authority. 

The Candidate Responses to Privatization and Eminent Domain

  • 4 candidates of both parties oppose privatization
  • 1 Republican candidate specifically noted the use of eminent domain as a reason to oppose privatization

The Daily Times…

Private Property Rights. Navigable Waters. Defeat of a Bill for Public Access to Navigable Waters. Read the Bill for Fishermen.

State: Louisiana

The legislation to open navigable waters to anglers: HB 391 (LA | 2018)  to ” restore anglers’ rights to access public waters”

The opposition to opening navigable waters to anglers:

  • wealthy private land owners
  • energy companies

Supporters of opening navigable waters to anglers:

  • Louisiana B.A.S.S. Nation
  • Louisiana Sportsmen’s Coalition

The Louisiana House vote: 37-59

KALB| Powerful Opposition’ kills public access reform in Louisiana

3 Ways Eminent Domain Could Re-Shape the Nation's 4th Largest City

The 3 pending eminent domain issues that could reshape land use in Houston, Texas:

  • Hurricane Harvey.  The city’s of eminent domain to re-purchase flood plain areas
  • High Speed Rail. Whether Central Texas Rail will be authorized to use eminent domain to obtian lands for its rail and stations.
  • Roads. Always, roads. More people = new roads and expanded roads.

Eminent Domain TREND. Sunsetting eminent domain for private gain. +1 Bill Signed by a Governor.

South Carolina Governor signed S1101 (2018) that extends the ban on eminent domain for private or publicly traded pipeline companies.

The ban on eminent domain was set to expire and has been extended to November 30, 2020.

Berkeley Independent | Lawmakers continue work on electric power reform

Campaign TREND. Republican Governor Candidate in the Cherokee Rose State. Test for Eminent Domain

State: Georgia

The Republican Candidate for Governor: Hunter Hill, a former State Senator 

His proposed test for granting eminent domain authority to a private entity:   a net benefit to the taxpayers before eminent domain can be given to private entities

WABE | Meet Republican Gubernatorial Candidate Hunter Hill