Update: IA Eminent Domain Bill. 75% Land Must Be Acquired Through Negations.

Iowa was proposing that 75% of land for an eminent domain project be obtained with a willing buyer. The bill didn’t survive the legislature, but the author calls the session a success. The Iowa Speaker of the House says the issue will be back next year as vocal property owners are opposing pipelines in Iowa.   The Gazette

 

Information Intelligence May 21, 2015:

Willing buyers are a hot topic in eminent domain. No one wants to be forced into selling their property.  So, who doesn’t…

Private Property Rights. Water. The EPA. Texas takes them all to Court with help from a lot of friends.

27 states and state agencies, as well as 14 agriculture-oriented organizations, have filed lawsuits across teh country to block the EPA water mapping project. 

The EPA is seeking to map water flows, including mapping of low flow waterways on private property.

Louisiana, Mississippi and Texas filed suit in U.S. District Court in Galveston, Texas. Joining the suit in Galveston are: American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders…

Trend: Organized Protesting Eminent Domain Against Private Company

The  Iowa Citizens for Community Improvement joined a coalition called, Bakken Pipeline Resistance Coalition. It sounds like Occupy movement, which recently started promoting anti-eminetn domain causes, like this.

But, Iowa Citizens for Community Improvement is led by a 67 year old, retired former Department of Natural Resources official. 

The whole shebang is encouraging more private negotiations. Iowa posts online negotiated easements, and the company cites 60% of the land being…

Uniquely Austin Response to More Eminent Domain near the Convention Center

There’s a possibility eminent domain could be used for expanding the Convention Center. Perhaps maybe plus a whole slew of ther hedge words, eminent domain may be used for a project that includes a new Westin properties hotel on Ceasar Chavez near/linked to the Convention Center.

Naturally landowners and businesses are  opposed to the use of eminent domain, but then the story gets interesting.

The response from the city on whether eminent domain is very nuances, let’s look:

  • “explore…

Private Property: Regulating Short Term Rentals by Initiative & Referendum.

16,000 signatures have been collected to opposed San Francisco’s short term rental ordinances.

Opposition to the short term ordinances  includes:

  • affordable-housing proponents
  • organized hotel labor

Opposition stems from the San Francisco short term rental ordinance:

  • lacking enforcement teeth
  • exacerbating the city’s affordable-housing shortage.

The initiative would amend the current short term rental ordinance to require:

  • A cap on the number of nights a unit could be rented at 75…

AG Opinion from the Palmetto State: No eminent domain for oil & gas

In a long attorney general opinion, relying on case law from Nevada to Florida, the attorney general of South Carolina has issued an opinion that an oil and gas pipeline in all likelihood does not get the privilege of eminent domain.

The opinion discusses South Carolina Courts, and other courts, striking down eminent domain for private companies. 

Its a trend that has been sweeping the nation from courts to legislatures. Everyone is looking for a public use connected to the land that is…

Private Property Rights: End Forced Annexation. 3 Reasons Why from TPPF.

  • For 100 years Texas has permitted forced annexation
  • Texas should stop this practice and stand for limited government and conservative policy
  • City governments should not be allowed to trample property rights.

TPPF says these 2015 bills would have helped:

  •  HB2221 which died on a point of order
  •  SB 1639 which never made it out of House Committee.

TPPF

 

 

160 Year Old Property Rights at Heart of Lawsuit

Say you own property near a Native American reservation. Say you have to use a county road to reach your property, but the county road runs through tribal lands. Does the soveriegn authority of the tribe override your property rights to an easement that you have enjoyed?

Time will tell. Tribes in New Mexico are cutting off access to county roads that traverse tribal lands. Some non-tribal lands, that are wholly surrounded by tribal lands, may have no access to and from their…