3 Reasons an Editorial Opposes Eminent Domain for Affordable Housing

The North Jersey editorial board opposed the taking of private property by a for-profit developer to build between 22 and 29 low- to moderate-income apartments in a mixed use retail and market rate housing development.

The opposition:

  • Affordable housing is not a public use for eminent domain
  • Its iffy if the properties taken are blighted
  • handing private property, seized by emient domain, to a private developer doesn’t fly

North Jersey | Editorial: In Emerson, eminent domain or land grab?  

Eminent Domain Protests at the Super Bowl. Stadium Sponsor is the Target. Seriously. Who. What. Where.

Who: Opponents to the Dakota Access Pipeline from Iowa + Indigenous Iowans and others from across the Midwest

Why: to protest the four-state pipeline eminent domain

Where: Protesting eminent domain at the Super Bowl in Minneapolis at the US Bank Stadium.  U.S. Bank has a banking relationship with the pipeline company

Des Moines Register  | Iowa environmentalists heading to Super Bowl to protest Dakota Access pipeline

Legal TREND. Are Private Entities Using Eminent Domain Subject to Open Records?

A Louisiana Court ruled that  Public Records Laws Not Applicable To Private Pipeline Company.

Arguments for Open Records: If the entity performs a governmental role, like taking property, it should be subject to open records

The Court’s response— there is no basis for applying open records requirements in this matter.

Red River Radio | Judge Rules Public Records Laws Not Applicable To Private Pipeline Company

Legal TREND. Port Uses Eminent Domain to Buy Competing Port. The Courts Say Ports…

The Port had the power to use eminent domain on a 4:3 vote.

  • This issue will be re-litigated during a re-hearing.
  • The re-hearing will focus on whether if the condemning entity turns the property over to a private company to operate, is the eminent domain use justified?

As for compensation, the Port that was acquired didn’t receive just compensation.

The case:  St. Bernard Port, Harbor v. Violet Dock Port, Inc.

Owners Counsel | Louisiana Supreme Court Decides St. Bernard Port, Harbor v.…

Legal Trend. Private Companies with Eminent Domain. Prepare yourself for the 2 new activist arguments.

If a private entity takes on a state function like eminent domain then…Activists in Lousiana, who are suing over the Bayou Bridge, want the energy companies that use eminent domain to be subject to the same rules the state is subject to, like open records laws.

Is a pipeline a public use? According to the activists/landowners a hospital is a public good, while a pipeline is described as:

  • “We’re not talking about something that’s for the public good. The only people that are going to get…

Lege Trend. 3 limits for eminent domain by a private company in this piece of legislation

Nebraska’s LB 1017  (2018) would require:

  • pipelines to prove by preponderance of the evidence that the pipeline is a public use & that just compensation was paid
  • include in the calculation of just compensation the economic benefit to the private company
  • Construction limitations including:
    • $100 Million performance bonds
    • A filed decommissioning plan for piepline removal at the end of the pipeline’s use

Lincoln Journal Star | Bob Krist bill would tighten requirements for pipeline…

Local Trend. +1 Town Opposing Eminent Domain Use for Pipelines.

Add Monadnock, NH to the lsit of towns opposing eminent domain for pipelines in its area.

How did Monadnock get started on the no eminent domain resolution bandwagon? 2 years ago the town officially voted to oppose a natural gas pipeline

What action is it taking in 2018?  a petition warrant article that opposes pipelines and specifically opposes the use of eminent domain for pipelines

Monadnock, NH Ledger Transcript | Town may ban pipeline forever 

This Texas State Representative Describes Eminent Domain as driven by…

Cecil Bell believes eminent domain reform is a “constituent-driven dialogue”

His concern about eminent domain: ” got to do a better job as a state in trying to figure out how to balance between the intended very limited use of eminent domain and processes like that and where we find it being used today”

Let’s diagram State Representative Bell’s eminent domain concern:

  • The big bad: how eminent domain is being used today is not balanced & the eminent domain scales are tipped against…

TREND. Elected Official Opposes Project Using Eminent Domain by Private Entity. Who. What. Where.

The elected official: U.S. Sen. Jeff Merkley (D-WA)

The project: Pacific Connector Gas Pipeline

What are the facts aroudn the pipeline?

  • a private foreign company may use eminent domain
  • to take American citizens’ private properties
  • to export Canadian gas to Asia

Oregon Live | Op-Ed by Landowners | Blocking eminent domain for private gain: Guest opinion

Anatomy of a pro-eminent domain campaign. Inside the Mind of a Pipeline Campaign in the East. 3 Messaging Takeaways.

The pipeline location:  Virginia

The pipeline campaign background on messaging tactics on eminent domain:

  • eminent domain is “the fight to come”
  • politicians have  “no electoral reward for political courage.”
  • must work harder after the election of President Trump as the opposition is more aggressive

What was the pipeline response when the campaign materials were inadvertently placed on its website:

  •  it is how it must conduct business at a time when everything is politicized
  • The…