+1 State . Lege TREND. Trespassing on Critical Infrastructure like Pipelines. 3 Points from the Bill.

Louisiana Legislature is considering HB 727 (2018) that will:

  • pipelines and the equipment and structures
  • penalize trespassers with up to 5 years in jail
  • creates a new crime of critical damage to critical infrastructure
    • with up to 15 years jail time
    • a convicted person can also be charged the cost of prosecution

The Advocate | Environmentalists see proposed Louisiana law to protect pipelines and penalize protesters as overreach

Legal TREND. Can a foreign entity have the power of eminent domain?

A fedceral appeals court will rule whether the power of eminent domain for a pipeline in Ohio. 

What do I need to know?

  • Nexus is a partnership that is partly foreign owned
  • While awaiting a court ruling, a local govenrment in the project’s path, approved a settlement on city lands, but the city legal counsel says the agreement is not elegibile for approval on a ballot
  • The city’s agreement does not impact the landowner lawsuit over the question of eminent domain authority

Akron Beacon Journal…

Activist TREND. Texas Conservative Online Eminent Domain Polling. 58% say No. No. No. More say Never for Private Entities.

online polling for eminent domain purports:

  • 58% oppose eminent domain use
  • 42% are yes and likely yes, but only if….

What qualifiers are offered for yes to eminent domain?

  • never for private projects
  • only for national emergencies
  • only if compensation is drastically above fair market place
  • fair compensation & a benefit for the community

isidewith | Eminent Domain Poll Results for Greg Abbott Voters 

Local Government TREND. +1 County Moves to Block High Speed Rail Eminent Domain

The County: Madison County Texas

The high speed rail project: Texas Central Partners’ Dallas to Houston High Speed Rail

What action did Madison County take to block any high speed rail eminent domain use in Texas?

  • county intends to maintain the roads for the use intended, and no other use

Madisonville Meteor | County takes stand on railway

5 Big Property Rights & Eminent Domain Cases in Texas. Foreshadowing 2019.

An economic development and private property rights tie?

During discussion of a Navarro County, TX resolution designed to protect private property rights, the Economic Development director asked this question:

  • whether an economic impact study on the communities to be affected by the railway?

The response: No, such an economic impact study had not been undertaken. 

A clarification: An economic impact study, which was released in October 2015, that showed every county touched by the project — rural and urban could receive significant, long-term tax…

3 Points from Resolution 102-2018 of the Navarro County TX Commissioners Court Protecting Private Property Rights.

Resolution 102-2018 of the Navarro County Commissioners Court seeks to protect private property rights from a high speed rail project by:

  • not to closing, nor relocating, any roads for Texas Central Railroad
  • no railway company has the authority to close roads, and “TCR is not a railway company”
  • the county will “decline to close ANY road for route for any railway or non-railway company.”

Mass Transit| TX: Commissioners Deny TCR Access — No County Roads Will Close

Lege Trend. Increase Compensation for Eminent Domain. Except for Cities.

Wisconsin AB 770 will “fundamentally re-write” eminent domain compensation to landowners. Here’s how:

  • including in compensation “reasonable project costs” like relocating & restarting  your business
  • raise the maximum compensation amounts offered to both tenants  (up tp $80K) and property owners (Up to 100K)
  • retain the maximum compensation caps only for citiesm towns and villages but not for private entities or state agencies

Opponents say:

  • great cost to state government, utilities & other…

Campaign TREND. 4 Republican candidates TXHD 14. 4 Different Opinions on Property Rights.

Davis:  Eminent Domain should not used by private entities

Laningham:   No eminent domain for the bullet train, which is not a public benefit

Raney:  taking someone’s property should be a respectful negotiation that satisfies the landowner

Texeira: follow the law and properly compensate landowners, otherwise landwoners should get a good lawyer

 

Bryan Eagle | Rep. John Raney faces three GOP challengers for District 14 House seat; One Democrat running