Category Archives: process & procedure

Lege TREND. Approving Historical Land Designations Per Property. Not in Batches.

Where: Colorado

What’s happening? State law in Colorado permits  Colorado Preservation, Inc. to bundle properties together to place the properties in the National Registry of Historic Places as a Multiple Property Documentation Form

The bill: HB 19-1078 (2019 | CO) 

What did the state law legisaltion do to impact this federal hisptorical property registry?  

  • Require each landowner’s consent
  • For all lands included within an area described or included within a Multiple Property Documentation…

Legal TREND. The Next Kelo: Build First, Pay Later Takings

What do I need to know: The US Supreme Court is considering a case concerning a Pennsylvania pipeline built by Transcontinental Gas Pipe Line Company (Transco) and landowners Gary and Michelle Erb

Why is this like Kelo? Its another case brought by the Institute for Justice on behalf of a landowner

Forbes | The Supreme Court Should End Pipeline Companies “Build First, Pay Later” Use Of Eminent Domain

Lege TREND. Compensation Calculation Built on Rebuilding. New. Interesting.

Alabama’s HB 38 (2019 | AL) would define compensation for eminent domain purposes as:

“wholly reconstruct the existing property as it exists” at the time it is valued by an assessor.”

AL.COM | Mobile launches a ‘game changer’ with inaugural departure from Downtown airport 

TREND. 3 Reasons Supporting Banning Eminent Domain by Private Entities (Transmission Lines)

Who is saying this? Columbia Missourian Editorial Board & Kansas City Star Editorial Board

What reasons do they give to support the legislation that denies eminent domain to private transmission line entities?

  • companies “should negotiate fair agreements with property owners”
  • comapnies should not use the “threat of condemnation to browbeat property owners into accepting low-cost deals.”
  • eminent domain is for governments and should be used sparingly

MISSOURIAN | EDITORIAL: Lawmakers are right…

Lege TREND. Repurchase. Anatomy of a 1960s land purchase not used for a public use

Where: California

The public purpose: CalTrans construction of the I-710 freeway

The property taken: residences

What is the repurchase price? The 1963 eminent domain acquired price range from the mid-$20,000’s to mid-$30,000’s. 

How under market value is this? roughly $970,000 under market value

Pasadena Star News | Renters of Caltrans-owned homes in South Pasadena get to buy them $970,000 below market

 

3 Reason Eminent Domain Works for the Takers of Texas Land.

The Texas Farm Bureau President states his case by riasing these 3 points:

  • Private Entities. 1271 non-governmental entities have eminent domain authority
  • Transparency. those 1271 do not have the same transparency rules of local governments
  • Unfairness. No fairness when landowners are forced to sell. More good faith. More just compensation.

Houston Chronicle | Opinion | Eminent domain works in Texas — for the takers [Opinion]