Southern State. County Resolution. No Eminent Domain for Private Gain.

The State: Tennessee

The County Resolutions: Urge the State Legislature to prohibit eminent domain to benefit private projects

Is this bigger than banning eminent domain for private entities? yes, it calls for a prohibition on government use of eminent domain to benefit a private entity

Jefferson County TN Standard Bearer | Carmichael re-elected as chairman

Eminent Domain to Stop a Land Owner from Selling on the Open Market? oui. si. yes.

I’m confused, what’s happening? Palo Alto California wants to use eminent domain to keep a mobile home park as a mobile home park

What does this do to the property owner? Prevents the owner from selling the land to a developer for other purposes

The public pupose asserted: Maintaining low income housing

Fox News | ‘Flatly unconstitutional’: Mobile park owners fight gov’t bid to block redevelopment

New Eminent Domain Delicacy in the West. Estimated to Gobble Up 78% of Private Land.

Where: California

What is this new delectable eminent domain tool? community revitalization and investment authorities (CRIA) that allow local governments to redevelop land with eminent domain

The estimated threat of eminent domain: 78% of private property could be threatened by eminent domain.

Eminent Domain isn’t the only concern of property rights activists: If property is included in a CRIA the local governments can fund new bond incremental financing 

In 2011, CRIAs received…

Eminent Domain for Space Port? Probably Not, Peaches. Here is Why:

Where: Georgia

Why does the sapce port need eminent domain? Because of the frequency of launches, land surrounding the area may need to be condemned for safety purposes.

What state law impediment exists? In 2006, Georgia amended its eminent domain laws to require a public purpose, and it’s believed space travel does not meet that standard.

WABE Atlantat’s NPR | Safety, Legal Issues Could Ground Georgia Spaceport Plans

6 High Profile Texans Oppose Trans Pecos Pipeline

These high profile Texans signed an ad that ran in the Dallas Morning News opposing the Trans Pecos Pipeline:

  • Peter Coyote
  • Tommy Lee Jones
  • musicians:  Ray Wylie Hubbard, Randy Jackson, Sara Hickman and Gurf Morlix

Who organized the ad? Big Bend Conservation Alliance

Other celebs involved in anti-pipeline/anti-eminent domain issues: Leonardo DiCaprio, Tommy Lee Jones, Jason Mamoa, Exra Miller, Ray Fisher, Pharrell Williams, Susan Sarandon, and Shailene Woodley

Indian Country Today…

Meet Texas New Eminent Domain Crusader.

How does a landowner whose land is in the path of a proposed water pipeline cause a legal quagmire? Create a special district- a Conservation District.

How do 2 special districts resolve eminent domain over another’s land? The courts are deciding whether the land can be taken.

What have the courts said about dueling eminent domain authority of special districts?The TX Supreme Court ruled in favor of the Conservation District lands on a procedural issue, and now the issue of eminent…

Sharing Economy. Local Government Bans Short Term Rental Ads. Lawsuit Ensues.

The city: Santa Monica, CA

The short term rental regulations: 

  • No advertising
  • Requires internet providers to provide information about those posting short term rentals for rent
  • Home owners must be home during the rent
  • Home owners must have a business license to operate as a short term rental

the lawsuit: HomeAway & AirBnB sued in federal court asserting 1st Amendment free speech violations, violations of the Communications Decency Act & the 4th Amendment 

Law360 | HomeAway,…

Update. Epic Eminent Domain Showdown. The Pros. The Cons. The Arrests.

The Number of Arrests: 38+

The Native American arguments against using eminent domain for the pipeline:

  • harm to a Native American cutural site
  • harm to the tribe’s water supply

The number of courts involved:

  • The tribes sued in D.C. federal court for an injunction to stop the pipeline
    • the court is epxected to rule Sept. 9th
  • The pipeline sued in federal court in Iowa to stop the protestors
    • the court denied this request

Wall Street Journal | Pipeline Protests Bring Dozens of Arrests…

Quick Take Property. Special District Abuse. 3 Lessons from a Plains State.

North Dakota in 2015 passed a bill prohibiting quick take of property for eminent domain. it was vetoed. An interim study was convened. Where are they now?

  • North Dakota has been experiencing abuse of quick take eminent domain by special districts building flood control projects and drainage projects
  • Recent court cases have said that water districts aren’t following proper eminent domain process
  • The Committee is set to recommend 3 solutions.

Bismark Tribune | The battle between private…

How 1 Legislature Addressed. Redevelopment. Blight. Eminent Domain. Read the Legislation.

The State: Utah

The Legislation:  Senate Bill 151 from 2016 General Session

What Senate Bill 151 requires in a development and tax incentive deal:

  • If a taxing entity involved in an incentive deal wants to make a finding of blight, it must:
  • Form a committee with the other taxing entities
  • All the taxing entities must agree to verify the blight finding & agree to eminent domain.

Salt Lake Tribune | Op-ed: Data center is a sound investment in Utah’s future