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Virigina Senate passed SB 2403 (VA | 2019) that would allow for an award of just compensation plus costs in eminent domain proceedings.
What is the bill author saying?
Virginia Mercury | Bill meant to level the playing field for pipeline takings passes Senate
Knick v. Township of Scott, Penn. argued before the US Supremes this week is eminent domain and tort reform all in one.
The question is- do property owners have to exhaust all state courts for remedies before they being a case in federal court.
If the answer by the Supremes is No, then say adieu to Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City. This is the case you hear about in evry legislative debate about eminent domain.
Why would Williamson County be…
Justin Amash (R-MI) filed the Eminent Domain Just Compensation ACT to prevent federal taking of land before final fair market value has been finalized.
So what would this impact?
Columbia County, Wisconsin Baord of Supervisors voted to support he following statewide eminent domain reform:
Are other Wisconsin counties doing the same thing? Yes, at least 6
Portage Daily Register | Columbia County Board favors eminent domain reform
Sawyer County Record | Rusk County passes resolution calling for…
Louisianna Courts are tackling whether a pipeline, that utilized eminent domain, subejcts its to open records laws.
The lower court said, no open records laws do not apply.
Next up: Appellate Courts.
How is this moving through the courts? Via The Center for Constitutional Rights
What information is The Center for Constitutional Rights looking for?
In KMS RETAIL ROWLETT v. the City of Rowlett, the Texas Supreme Court this fall heard arguments over whether a road easement in a commercial development project violated the Texas Legislture’s legislative repsonse to Kelo v. City of New London.
The trial court and appellate court agreed that the roadway easement falls into a transportation exception on the prohibtion against eminent domain for economic development purposes in Texas Government Code Sec. 2206.001
What legislative fixes could…
Michigan Legislature is considering HB4070 (2017-2018 | MI) which addresses land owner compensation in 3 ways:
California Legislature passed SB 1465 (2018 | CA) would require contractors:
Daily Californian | Bills to increase balcony safety pass California State Legislature
WHERE: Illinois
WHAT: Condemning swaths of property as “blighted” to redevelop the property as higher tax revenue.
HOW is this happening when Illinois also prohibited eminent domain for economic development purposes? The blight designation in Illinois allows other neighboring, non-blighted properties to also be taken.
KPVI | Some Illinois cities eye eminent domain to boost revenue
The US Supreme Court may consider the Mountain Valley case.
What’s Mountian Valley about? Landowners are claiming the natural gas pipelines used eminent domain unconstitutionally because land is taken in states in which there is no benefit realized.
How did the landowners fare at the 4th Court of Appeals? landowners lost but because the court’s didn’t have jurisdiction not on the constititional issue.
Washington Post | Landowners ask Supreme Court to hear Mountain Valley case