Constitutional Showdown. Court to decide whether eminent domain or freedom of religion trumps

A group of nuns in Pennsylvania own land that the Atlantic Sunrise Pipeline would like to occupy.

The nuns have taken the unusual step of suing the federal government claiming that the interstate natural gas pipeline violates their rights under the Religious Freedom Restoration Act.

Its a show down between the 5th Amendment (private property rights home) and the 1st amendment (protection of freedom of religious exercise).

 

Judge Awards Atlantic Sunrise Pipeline Builder Rights to Seize Last…

TREND. Eminent Domain Moves to PopCulture.

2017- the year eminent domain went pop culture. Book reviewing Kelo, a film called Litle Pink House making the film festival circuit, and a play in Nebraska about eminent domain and a pipeline. 

Small town hokey play? No. It was a finalist in 2016’s prestigious Eugene O’Neill National Playwriting Competition

Omaha World Herald | Omahan’s play about pipeline battle will have its world premiere at Omaha Community Playhouse

Legal Trend. More Input on Grants of Eminent Domain Authority. Bigger Voice for Local Governments.

Missouri’s Western District Court of Appeals held that all counties along the Grain Belt Express, wind transmission line, must approve the project.

Appeal of this ruling has been declined by the state supreme court.

Missouri’s Public Service Commission relied on this ruling  to deny approval until all counties sign off on the plan & it is said to impact other transmission lines and Pipelines.

St. Louis Post Dispatch | Despite giving vocal support, state regulators again deny Grain Belt…

Local Gov. TREND. Wisconsin County took what action to stop eminent domain?

The Wisconsin County: Wood County, WI

What did Wood County Board of Supervisors do? Pass a resolution calling on the Legislature to prohibit  a specific energy company from having the power of eminent domain

The Activists behind it: 80 Feet is Enough, who argue that the existing 80 feet of pipeline easement is enough, more land shouldn’t be taken

The Legislative goal: to give property owners the value of their land back

Wisconsin Public Radio | Wood County Passes Resolution To Keep Oil…

Local Trend. Private Property Rights. Short Term Rentals- you betchya!

St. Paul, Minnesota is moving forward with new short term rental rules that would:

  • limit the number of short term rental units in a home or apartment building to 1/2 or 4
  • Cap on number of renters at 4 unrelated (AKA the party cap)
  • City taxes must be collected
  • The caps have some wiggle room for large buildings that have limited use permits and owner occuppied & present short term rentals

What sparked the short term rental rules? The 2018 Super Bowl is being hosted by the Twin Cities.

Twin…

Editorial. 3 Reasons Eminent Domain for Pipelines is Unfair & UnAmerican

Lancaster County Pennsylvania is experiencing an uptick in eminent domain actions due to the Atlantic Sunrise gas pipeline. 

The Lancaster News Press Editorial board editorial opposed to eminent domain for pipelines makes 3 points:

  • The legal taking for corporate benefit is deeply unfair
  • The eminent domain process is stacked against landowners
  • Better yet, private companies using eminent domain isn’t only deeply unfair, it is UnAmerican.

Lancaster News Press | The use of eminent domain, while…

4 Sovereign Nations Opposing Eminent Domain with a boost from the 10th Circuit. Mexican De-regualtion in the mix.

4 Native American tribes signed an agreement opposing eminent domain–the ability to buy your land.

While Native American soveriegnty is murky, it got a boost this week via a ruling from the 10th Circuit.

Where this will be most interesting will be when eminent domain is sought over lands held by or held in trust by native american tribes. That’s anthing from the Keystonr XL protests to the Native American lands between the Permian Basin and the Mexico border.

Esquire | People Shouldn’t Buy…

Private Property Local Government Trend. Paying Property Owners to Go Green. Procurement Opportunity.

NYC Department of Environmental Protection has recommended a plan to pay private proeprty owners to go green. 

How would this work?

  • “ Restructuring water rates to shift costs to properties that generate relatively large amounts of runoff, and away from those that generate a relatively little.”
  • Contractw ith a 3rd party administrator for a Green Grant Program that would provide financial incentives to property owners that go green.

NRDC | Paying Private Property Owners in NYC to “Go Green”