private property rights – Page 41 – InfoHive

Eminent Domain Compromise. Public Need Permit with Citizen Appeal.

The Georgia Legislature passed House Bill 413 which sets for an eminent domain compromise for privately owned pipelines that:

requires a 2 step permit process
- Permit #1 is environmental and for the length of the entire pipeline
- Permit #2 is from the Georgia DOT that grants a public need permit to authorize eminent domain
the permits can be appealed by citizens when the permits are granted

Savannah Morning News | Georgia lawmakers pass compromise pipeline bill

Why did Nevada Join Property Owners in a US Supreme Court Eminent Domain Case?

Let’s get the big issue disposed with first- did Texas file a brief supporting property owners? No. Negatory. Not happening.

So what interest does Nevada have? The case is very important to states federal lands where the feds often try to restrict the use of state-owned lands that abut federal land

Why does the federal control of land in Texas sound fmailiar? Yes, because Texas had that issue along the red river.

Elko Daily Free Press | Commentary: Why Nevada joined a Wisconsin property…

Lege Trend. Legislatures declaring certain projects are not public use.

Maine Public Utilities Commission’s staff is urging a statewide ruling that underground storing og liquified natural gas is not in the public interest.

The impact of these types of actions: No eminent domain authority.

Maine Public Radio | Proposals to Store Natural Gas Criticized

2 Ways Austin's tree Ordinance violates Private Property Rights. +1 Solution

TPPF lays out 2 ways by which Austin’s heritage tree ordinance violates private property rights:

Tree ordinances are effectively seizing private proeprty without compensation
Control over natural resources dates back to the origin of private property rights

The legislative solution: explicit statutory authority “that landowners own all the trees and timber on their land while also prohibiting a governmental entity from creating these kinds of regulations”

Statesman | Commentary: Austin tree…

County has to be Granted Quick Take Authority By the State for Each Project. Name the State…

…Illinois

For a county to build a connector road project, the county has to receive authority for a quick take eminent domain from the state.

Once quick take eminent domain authority is granted, the county has 1 year to exercise eminent domain.

Herald & Review | Macon County awaits state action on eminent domain authority

Eminent Domain and the Texas Border Wall. 3 Key Points.

The President’s budget proposal includes $4.1 billion for land acquisition & 20 new DOJ attorneys
DHS offered $1200 for 1.2 acres from a land owner
The notice land woners received was entitled “Declaration of Taking.”

Houston Chronicle | Report: Texans on Mexico border receive letters threatening eminent domain for Trump’s wall

Texas Observer | Texans Receive First Notices of Land Condemnation for Trump’s Border Wall

Dallas Morning News | White House defends use of eminent domain for…

TREND. Texas Landowner Bill of Rights Replicated Where the Football Fields are Blue

State: Idaho

The landowner bill of rights, HB 301, has these goals:

protect private property rights
& at the same time support the new oil and gas industry in Idaho

Idaho House Bill 301 (2017)

Idaho Press Tribune | Modernize oil and gas laws and protect landowner rights

Legal Trend: Are all Waterways Open to the Public? No, not up north.

The Court: South Dakota Supreme Court

What issue was the court trying to address: Whether all water was accessible to the public if it could be reached without trespassing on private land?

What did the Court say?

The legislature has considered this issue 3 times since 2004 and hasn’t passed any bill on the topic
Forbids Game Fish &Parks from facilitating access to the public on waters and ice over private property
Game Fish &Parks, the state agency, doesn’t have the legal authority to…