Welcome to the Future!
If an entity wants to acquire land, and may or may not have the power of eminent domain, how does the entity acquire land?
By offering above market value for land. At least, that’s what Texas Central Rail is offering to avoid eminent domain.
Community Impact | Rural residents, high-speed rail proponents clash at community forum
Which 2 swing states are propping up property rights? PA in Robinson Township v. Commonwealth & OH in Kinder Morgan utopia v. PDB Farms
How are these states at the forefront of property rights trend? Courts in each of the state’s have denied private businesses from using eminent domain when no public benefit exists
What’s the kicker on public benefit? Both of the projects denied eminent domain authority were moving goods over a common carrier to Canada with no facilities in the…
Who is pushing more private property rights in groundwater? Senator Perry
The impetus to strengthen these private proeprty rights? Some bad actors in the water district world
Lubbock Avalanche Journal | Sen. Perry gives overview of upcoming session at HPWD’s meeting
Where: Ohio
Who or what denied eminent domain authority? A state judge
What project was denied eminent domain authority? A pipeline that would move natural gas froma shale region in Ohio to a facility in Canada
Why wasn’t public use of benefit met? Because the benefit from the poeject was found to be the end point of the pipeline in Canada. The jobs created in Ohio were not persuasive to the court.
The Toledo Blade | Wood County judge nixes pipeline builder’s eminent domain plans
TPPF’s “Legislators Guide to the Issues 2017-2018” offers these property rights recommendations:
In a laundry list of pipeline reforms, a newspaper recommends prohibiting eminent domain when the public good is in whole or part exported.
The targets: Private companies with eminent domain authority like transmission lines & pipelines
The Recorder | Greenfield Massachustees | Lets Fix Pipeline Review Steps
Texas Observer | A New Solar Rush Creates Legal Minefield for Landowners
Victoria Advocate | State District 13 candidates weigh in on jobs
Which state: Pennsylvania
What did the PA Supreme Court say about eminent domain? That private companies that have eminent domain power that is excercised to support their private business is an unconstitutional of taking private land for a private purpose.
What were the specifics on the companies involved with eminent domain? Natural gas companies that stored natural gas on private land.
Washington County Observer Reporter | Portions of Act 13 gas drilling law struck down as…
Which states are eminent domain battlegrounds? Georgia & South Carolina
Which issues are resonating? prohibition on eminent domain exercised by or in support of private companies
Are there new, post-Kelo coalitions? Yes, property rights advocates + environmentalists
The primary eminent domain target? Pipelines
The answer for pipelines? Condemning in federal court, under federal laws that do not provide as great protection for landowners and may preempt state law