Legal Trend: Court Limits Pre-condemnation Access for Buckeyes. 5 Points to Know Now & How it Could Happen in Texas.

What isssue was the Ohio Court reviewing? In Ohio, like many states, once an eminent domain petition is filed by the condeming entity, that entity gets the property. It’s called a “quick take.”

Did condeming entities win or landowners? land owners

What did the court say? Cities can’t quick take property for things that aren’t roads. So, no quick take for sidewalks. 

What’s interesgting about the OH eminent domain laws? Ohio limits quick take eminent domain to “making or reparing…

Trend: Texas Groups Opposed to Eminent Domain by Private Entities. 3 Point Message with 3 Targets

The Texas Wildlife Association via the Hill Country Alliance raises the issue of private companies and eminent domain.

3 Points are stressed:

  • That eminent domain is traditionally only exercised by government officials
  • That eminent domain must have public accountability (elected officials only?)
  • That Texas grants too many entities eminent domain authority. Specifically:
    • gas or electric corporations
    • groundwater conservation districts
    • common carrier pipelines.

Hill Country Alliance…

UPDATE: Houston Church Saved from Eminent Domain.

After a 3 month legal battle, the Houston church, represented by the Liberty Institute, announced that the Houston Housing Authority will not seek eminent domain action against the church’s land.

This leaves unanswered in Texas, which constitutional right trumps- freedom of religion or freedom from of having one’s property taken by the government. As loyal subscribers know, courts in other states have said religion trumps and have denied eminent domain.

Liberty Institute: Houston Housing…

Private Property Rights. Sharing Economy. Local Ordinance Hoopla.

Home sharing. Homeaway. AirBnB helps the local economy. According to an economic study by AirBnB, direct guest spending from guests accounts for $124 million  in the last year.

Austin ordinance was approved by committee in September 2015. The proposal requires full city council vetting.

Austin Business Journal | Airbnb fights back over Austin’s short-term rental rules

AirBnB Austin Economic Report

Land Rights Draws Droves of Philanthropists . 2 Reasons Why.

Why the draw to land rights? Recently a land rights group won the Hilton Humanitarian Prize of $2 million in unrestricted funding, which set the trend in motion

Why land rights? 

  • “land rights is access to education, food security, gender rights, human rights and then some, all rolled into one issue.”
  • Not owning land is the greatest indicator of poverty

Inside Philanthropy | Land Rights in Poor Countries Is a Hot Cause for More Funders. Here’s Why

 

 

How many homes taken Since Kelo? 20,000 per state. Disparate Impact to Minorities.

Yes, CATO estimates more than 1,000,000 homes have been taken since 2005 Kelo.

How did they get to 1,000,000+ homes if there is no national data base? CATO used the Census Bureau’s American Housing Survey.

CATO says the homes taken fall heavily on minority home owners.

  • 29% African American
  • 32% poor
  • Poor African Americans are 2 TIMES as likely to be displaced by eminent domain

CATO Institute | A Million Homes Taken Since Kelo

Lege Trend: Public Use Moves to Public Necessity for Private Companies.

No eminent domain for private gain has been echoing around the country. What happened this week:

The Legislature raising public use standard: South Carolina

The Problem that sparked the legislation: A controversial pipeline that upset property owners but the company behind it said eminent domain would be used for about 1% of the project.

The Legislation :“A private pipeline company would have to show the line is a public necessity — meaning it’s vital to the welfare of the people…

No Eminent Domain Use unless Employer Stays| UPDATE to City to Use Eminent Domain to Retain an Employer

On Friday, Ocotber 23, 2015 St. Louis aldermen voted to approve eminent domain to retain a geospatial “spy agency” in St. Louis. 

  • In a vote of 19-5, they voted to use eminent domain against 19 properties
  • The city won’t use eminent domain unless it is chose for the $1.6 Billion development for the “spy agency”

St.Louis Post-Dispatch | Eminent domain gets the OK so St. Louis can try to keep spy agency

What city is trying to retain an employer by using eminent domain?

St. Louis may lose…

New Hampshire. Pipeline. Eminent Domain Protests.

What’s happening in new Hampshire? The key early voting Presidential state is expereiencing protests against a pipeline.

What’s the Republican govenror saying? The Governor has not taken a position.

What are Republicans saying? Opposed to the taking of private land.

Are there othere issues that contribute to the protests? Yes, environmentalists are concerned about conservation land that the pipeline will traverse.

Union Leader | Pipeline opponents give governor an earful at…