Category Archives: process & procedure

Local TREND. Stop Eminent Domain by Changing Property Designation.

Omaha is changing the designation of property to landmark status in an effort to slow or prevent eminent domain proceedings.

How does this designation change the eminent domain process?

  • The Omaha Landmarks Heritage Preservation Commission gives the designation
  • This designation then kicks the property to require approval from the Planning Commission and City Council before action can taken against the property.

WOWT | Landmark status recommended for historic building at the center of eminent…

Local TREND. Local Land Banks to Remedy Blight. WHO.WHAT. WHERE.

WHERE | Georgia

WHO | Gainesville City Council

WHAT | Gainesville-Hall County Land Bank under the 2012 Georgia Land Bank Act

What will the Land Bank do?  

  • rehabilitate vacant or blighted properties by acquire
  • manage and sell properties that may be sitting empty due to foreclosure, tax delinquency, code violations or title complications
  • will not make a profit from sale of the properties

Will the Land Bank have the power of eminent domain?  NO

Gainesville Times | How Hall and Gainesville…

Lege TREND. Extending ban on eminent domain for unregulated & deregulated private companies

In 2018, South Carolina legislators extended the ban on the use of eminent domain by private pipeline companies.

The ban continues until November 20,2020 while a panel makes recommendations whether whether unregulated utilities should have any of the eminent domain powers that regulated utilities have.

Eminent Domain + Duty to Maintain Transmission Lines + Wildfires = Rate Increase?

The California Public Utility Commission denied a rate increase for San Diego Gas & Electric Co.’s request to bill ratepayers for a 2007 fire.

How much did San Diego want to pass on to customers?  $379 million in costs

Why was the rate increase denied? A court found SDG&E didn’t properly trim trees near transmission lines

What’s the bargain in California when eminent domain is granted? In exchange for the power of eminnt domain, CA utilities are responsible for paying damages if their…

3 Points. Institute for Justice Against Pipelines and Eminent Domain. +1 Solution

Institute for Justice lays out these 3 points arguing eminent domain absue by pipelines:

  • “FERC presides over a system that strips property owners of their rights without courts”
  • FERC dawdles and property owners have access to courts blocked
  • Pipelines can unfairly start cutting down trees even before state permits are granted, with an example from NY of 500 trees cut down on a family farm for a project that was never permitted

the Solution: real judicial review, in a court, before proepty is…

Lege TREND. Governor Protects Open Space from Eminent Domain.

Pennsylvania Governor signed  HB 2468 (2018 | PA) protects open space by making it harder to condemn land that is subject to a Conservation Easement.

How does this work?

  • Land subject to a conservation easement cannot be condemned unless:
  • An court says that eminent domain can be used
  • A court can only say that eminent domain can be used if:
    • necessary for the health and safety of a community
    • no other reasonable and prudent alternative

Patch | Stoneleigh Response Eminent Domain Bill Signed…

Lege TREND. Protecting Open Spaces by Prohibiting Eminent Domain.

Pennsylvania HB 2468 (2018 | PA) protects open space by making it harder to condemn land that is subject to a Conservation Easement.

How does this work?

  • Land subject to a conservation easement cannot be condemned unless:
  • An court says that eminent domain can be used
  • A court can only say that eminent domain can be used if:
    • necessary for the health and safety of a community
    • no other reasonable and prudent alternative

Natural Resources. Private Condemnation. How to Condemn Minerals & Water

Why do mountain states allow for private condemnation for natural resources? to encourage natural resource development

How is the private condemnation used in arid regions?

  • condemnation was used to allow water to be carried distances over land held by others to irrigate potentially fertile farmland
  • condemnation prevents a single landowner who controls access to a water source or mineral deposit could block development or hold the resources hostage by demanding a significant payout for…

Lege TREND. Writing Law to Make Open Space Eminent Domain HARDER. Protect the Parks. Protect the Greenspace. Protect the Skunks.

State: Pennsylvania 

Legislation: HB 2468 (2018 | PA)

How does HB 2468 (2018 | PA) make it harder to use eminent domain on open space?

  • requires any government agency to obtain Orphans’ Court approval
  • PRIOR TO using eminent domain to take permanently preserved land
  • CONVINCE the court that  there are no alternatives for the project

Author’s Press Release on HB 2568 (2018 | PA) 

Main Line Times | Kampf proposes law to make use of eminent domain on open space land more difficult