Category Archives: private property rights

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…

Legal Trend. Pre-condemnation Access. Landowners Need Opportunity to Negotiate via the flowering dogwood state. What you need to know:

Background: Atlantic Coast Pipeline contractors seek access to property to begin tree-cutting, Landowners are asking a court to prevent the tree cutting.

What court? US District Court Judge Terence Boyle, a George HW Bush appointee, in the Eastern District of North Carolina

The court sides with the landowners and said: 

  • landowners should have a reasonable opportunity to negotiate
  • the pipeline can use eminent domain

What pre-requisities on eminent domain use are detailed by the court to…

Private Property Rights. Attorney General Opinion Raises 1st Amendment Issues with Trespass Bill in the Syringa Flower State.

State: Idaho

Trespass Revision Bill that streamlines criminal, civil and parks & wildlife trespass statutes: HB 658 (2018) 

The Attorney General Opinion: Inquiry on HB 658 | Attorney General Lawrence Wasden & March 2018 Inquiry on HB 658 | Attorney General Lawrence Wasden

The 1st Amendment Issues Raised by the Idaho Attorney General: Whether the bill passes muster with the 9th Circuit’s overturning of Idaho’s Agricultural Gag law

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

Move over trees and landscaping, welcome state law preemption of fencing ordinances. Read the bill.

State: Wyoming

The bill: WY SF 107 (2018)

How would state law preempt local fence regulations?

  • prohibit any county or town from passing a fence ordinance that violates current WY code

What’s an example of a blocked ordinance under this bill? If an ordinance required wildlife friendly fences, which is an issue in Teton County

Jackson Hole News Guide | Proposed change to fence law is dead

 

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

Anatomy of a Compensation Award. From $11,000 to $1.1 Million.

State: Ohio

Eminent Domain Use to take: 0.338 acres of land for an overpass and bridge by the Ohio Turnpike and Infrastructure Commission

The Ohio Turnpike and Infrastructure Commission sues and the initial eminent domain award: $11,865, the last settlement offer

The landowners appealed the initial eminent domain award to a jury that awarded: $1.1 Million in damagfes reflecting the land owner’s appraiser’s appraisal

Cleveland Scene | Jury Awards Lorain Family $1 Million in Damages in Ohio…

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…