Republican HD 8 Candidate Cody Harris on eminent domain:
- opposes eminent domain for high speed rail
- more transparency in property rights issues
Palestine Herald Press | State rep candidates differ on immigration, border policy
Category Archives: process & procedure
Lege TREND. Supporters for Attorney Fees in Eminent Domain Say:
Florida can award attorney fees for eminent domain cases. The justification? “It is the government’s “dis-incentive” for these types of lawsuits.”
Campaign TREND. Anatomy of a Eminent Domain and Pipelines in a Congressional Open Seat. Who.Where. What.
Who: Lewis (D) and Cline (R)
Where: Virginia’s open Congressional District 6 being vacated by a (R).
What eminent domain views?
- The D opposes both eminent domain and raises concerns about pipeline safety
- The R supports Pipelines but wants federal legislation that:
- limits the use of eminent domain to projects that “would be necessary for the government to provide an essential service.”
- offers more publiuc input in the pipeline permitting process
Lege TREND. Eminent Domain Compensation legislation for 2019.
Ashby reiterates his support for his 2017 eminent domain compensation bill, HB 3687 (2017 | TX) that would:
- strengthens bona fide offer
- additional dislcosures of appraisal reports
- additional detail disclosures for easements
- hold harmless clause for the land owners
- nongovernmental entities have to escrow or bond the trial court award for a landowner before appeal
- an attorney fees trigger mechanism for nongovernmental entities
- shifts property taxes to the condeming entity
Local TREND. Property Rights. Public Access to land with Grave Sites.
Local government: In 2012, Scott Township, in eastern Pennsylvania, required land owners to provide public access to grave sites, if the township determined there may be a gravesite
How precondemnation access came into play: Officials toured the property, identified some loose stones that may mark a gravesite, and required public access.
What happens under this ordinance if property owners do not grant access to grave sites? Fines.
Why does this matter? The US Supreme Court hears the case of…
ACTIVIST TREND. Regulatory Takings Reform. 2019. Texas. 4 Legislative Reforms.
- Zoning should be a regulatory taking
- Compensation should be triggered by any regulation that reduces propety value by 25%
- Works in tandem with restoring a property right in property use
- The Texas Real Private Property Rights Preservation Act should be amended to apply to municipalities
- Condeming entities should be able to issue “waivers” that run with the property in lieu of financial compensation
Texas Public Policy Foundation Legislator’s Guide to the Issues 2019
ACTIVIST TREND. Private Property Eminent Domain Reform. 2019. Texas. 3 Legislative Reforms.
- Shift burden of proof from land owner to condemnor
- Reduce court deference to local governments and state agencies in proceedings
- Restore a constitutional right to USE property
Legal Trend. Pre-condemnation Taking. Pipelines. 2 Reasons Libertarians Side with Land Owners. WHO. WHAT. WHERE. IMPACT.
WHO: The libertarian Niskanen Center
WHAT: Libertarians, supporting landowners over a FERC permitted pipeline in a dispute over pre-condemnation access, offer these 2 reasons for siding with Landowners over economics:
- DUE PROCESS FOR LANDOWNERS “No court has ever held that property owners can be forced to wait indefinitely for the constitutionally-required hearing on the taking of their land, and this Court should not be the first,”
- FERCs approval process violates landowners’ constitutional…
Lege TREND. Compensation. 3 Ways 1 Bill Benefits Land Owners.
Michigan Legislature is considering HB4070 (2017-2018 | MI) which addresses land owner compensation in 3 ways:
- Attorney Fees and Costs when a court determines a taking occurred
- State Attorney General creates a list of governmental actions that results in a taking occurring
- Can apply to rules, permits, applications and other governmental actions
8 Property Rights Points from Rural Land Owners. Pipelines from Permian Basin to the Texas Gulf.
A lawyer representing rural landowners writes:
- Private for-profit companies are given the government’s power to take private property under assumptions that this is good, common good
- Are we rubber stamping common good projects for public use/benefit?
- Why are we taking land before the process is approved by the courts?
- We need to look at the costs and benefits of eminent domain
- What happens to old pipelines and how does this get factored into the costs and benefits?
- Landowners are in an…