Legal TREND. Are Private Entities Using Eminent Domain Subject to Open Records?

A Louisiana Court ruled that  Public Records Laws Not Applicable To Private Pipeline Company.

Arguments for Open Records: If the entity performs a governmental role, like taking property, it should be subject to open records

The Court’s response— there is no basis for applying open records requirements in this matter.

Red River Radio | Judge Rules Public Records Laws Not Applicable To Private Pipeline Company

Blight Bill from the Home of the Red Carnation. Faster Clean Up in 4 Steps.

Ohio Legislature is considering HB 482 to expedite blight remediation.

HB 482 will:

  • Cut in 1/2 the amount of time a property owner has to remediate blight from 60 days to 30 days
  • Cuts in 1/2 the amount of time to hold a hearing on the property from 28 days to 14 days
  • Cuts in 1/2 the amount of time a property owner has to remediate blight if there is an injunction from 30 days to 14 days.
  • The evidentiary standard to show blight: preponderance of the evidence

Previous version included…

Lege Trend. 3 limits for eminent domain by a private company in this piece of legislation

Nebraska’s LB 1017  (2018) would require:

  • pipelines to prove by preponderance of the evidence that the pipeline is a public use & that just compensation was paid
  • include in the calculation of just compensation the economic benefit to the private company
  • Construction limitations including:
    • $100 Million performance bonds
    • A filed decommissioning plan for piepline removal at the end of the pipeline’s use

Lincoln Journal Star | Bob Krist bill would tighten requirements for pipeline…

No Eminent Domain for Public Safety, Energy and Public Security in the Northeast. Read the Bill.

State: Massachusetts

The legislation: The Comprehensive Adaptation Management Plan which coordinates the planning of projects state authorities led by the governor’s secretaries of Energy and Environmental Affairs, and Public Safety and Security.

The acquisition of property: Only from willing sellers

Cape Cod Times | Author of legislation clarifies its intent

Massachusetts S 472 (2018)

Lege Trend. 4 Property Value Requirements in this Eminent Domain Bill. Read the Bill.

Utah is considering HB62 which looks to re-define property valuation for eminent domain by requiring the value include:

  • any impact from the public project for which the property was taken
  • anything a prudent purchaser would consider in determining the market value of the property after the taking
  • access to the property that exists after the taking
  • and the value shall not include in the property value will be the property tax assessment 

Libertas Utah | HB 62: Helping Ensure Just Compensation…

This Texas State Representative Describes Eminent Domain as driven by…

Cecil Bell believes eminent domain reform is a “constituent-driven dialogue”

His concern about eminent domain: ” got to do a better job as a state in trying to figure out how to balance between the intended very limited use of eminent domain and processes like that and where we find it being used today”

Let’s diagram State Representative Bell’s eminent domain concern:

  • The big bad: how eminent domain is being used today is not balanced & the eminent domain scales are tipped against…

The $1 trigger for attorney fees. Eminent domain in the Field of Dreams.

In Iowa if a landowner challenges the value of a property taken by eminent domain, the land owner can have his or her attorney fees covered if he or she shows in court that their property was undervalued by at least  $1.

Bristol Herald Courier | Sioux City, property owner battle over price for trail land

Lege Proposal: Penalize Coercive Eminent Domain Acts. Prohibitions With Teeth.

Ohio lawyers are proposing an enforcement mechanism for bad eminent domain actors.

Why does OH need enforcement for coercive eminent domain? The law has no enforcement mechanism for the prohibition against coercive acts.

What’s the propsed enforcement for bad actors? 

  • Clear cause of action that clearly provide landowners with a private cause of action against condemnors who use coercive tactics or conduct in land acquisitions
  • Monetary penalties
  • Attorney Fees Bad actors should be liable for…

Local Trend. Code Enforcement Fines as Passive Aggressive Takings.

The city:  Charlestown Indiana

The code enforcement fines: Code enforcement violations began in the summer of 2016, after city council adopted fines that cannot be waived

The alleged goal of city leaders: revitalization

The court’s response to the code fines: 

  • the fines run counter to the city code that allows for fixing violations and the waiver of fines
  • city violated equal protection laws by choosing not to impose fines on the LLC

 

Indiana Lawyer | Special judge halts ‘irrational’…

Lege Trend. Appraisals. Access to Appraise + Eminent Domain. Lessons from the Land of Cheeseheads

Wisconsin Governor Scott Walker signed Assembly Bill 480 that does the following:

  • bars assessors from increasing the assessment of a property solely because the owner refused to let them inside
  • gives owners who did not let assessors into their properties the ability to challenge their assessments

Wisconsin Assembly Bill 480  (2017)

Milwaukee Journal Sentinel | Wisconsin Gov. Scott Walker signs bill to expand property rights