Category Archives: process & procedure

Lege Trend. No Eminent Domain for Private Gain in a Lake Effect Snow State. Airports, Trains, Hospitals, oh my!

Illinois House Bill 4150  accomplishes two goals:

  • limits the use of eminent domain to only public uses
  • explicitly removes railroads from public use

 

If a private entity is involved in the project the following 6 steps must occur:

  •  the condemning authority must prove by a preponderance of 
    the evidence     that:

    • (i) the acquisition of the property is necessary for a public purpose;
    • (ii) the acquired property will be owned by the condemning authority or another governmental entity; …

Legal Trend. Is the Landowner Bill of Rights Optional?

What’s happening? Marietta Georgia argued before the Georgia Supreme Court that the 2006 Landowner Bill of Rights was optional.

What was the landowner’s argument? That the city had to follow the landowner bill of rights and provide a detailed appraisal prior to condemnation proceedings.

What did the Georgia Supreme Court say? 

  • Yes, the landowner has to be given a detailed appraisal before condemnation
  • If the landowner bill of rights were optional, the entire act would be impaired
    • Trans…

City Buys Land. City Using Eminent Domain for Billboard on Same Land. Billboard relocation laws? Yes, see the proposal.

The City: Sandy Springs, GA

How does this work in Georgia, where there is a separate eminent domain for the billboard? Georgia’s laws allow for billboard relocatation somewhere within 250 feet in lieu of an eminent domain reimbursement, if the city has a billboard relocation ordinance. 

What has the city offered?  A city ordinance that allows for billboard relocation if:

  • eminent domain is used or there is a threat of eminent domain
  • relocation within 250 feet, with up to 3 alternative…

TX Lege. Eminent Domain Reform Required via Rep. Ernest Bailes

State Rep. Ernest Bailes says the Texas House needs to revisit these eminent domain issues:

  • Bailes’ interim charge request for Land and Resource Management COmmittee: “examine the process by which private property is purchased or taken by entities with the power of eminent domain.”

Houston Chronicle | State Representative Ernest Bailes | House needs to reexamine eminent domain power

The Huntsville Item | State representative staying busy with county fair, interim charges

3 Critiques of Texas Eminent Domain Notice Procedure from East Texas. Pipelines, Transmission Lines, & Cities Included.

An attorney colum in the Huntsville Item raises these concerns about the notice procedures for eminent domain in Texas:

  • The party pursuing eminent domain could have their lawsuit filed
  • A pre-selected  a group of hand picked special commissioners, whose duty it is to determine a value for the property
  • And the property owner could have no idea that eminent domain is progressing.

The column points to condeming entities bewing pipelines, transmission lines or local governments.

Huntsville Item…

Legislature's 1 year Ban on Eminent Domain replaced with Stricter Eminent Domain Laws

In 2016, Georgia, the state and not the country, placed a 1 year moratorium on pipeline use of eminent domain. 

The restrictions that replaced the moratorium include:

  • requires greater disclosures from pipelines including evidence of financial responsibility
  • all parties can appeal administrative decisions, previously only companies could appeal

Georgia’s Community Holdings Inc | New pipeline rules limit eminent domain

2 Restrictions on Quick Take Eminent Domain from the Midwest

In Illinois, for a county to use quick take eminent domain, it requires:

  • Legislation
    • Pass both chambers of the Legislature
    • Be signed by the Governor
    • Be approved by the County Board 
  • The Quick Take eminent domain authority has a clock
    • It must be exercised within 1 year

Illinois Senate Bill 567 (2017)

Herald Review | Macon County eminent domain authority awaits Rauner OK

Eminent Domain in Texas By the Numbers.

  • About 50% of states allow landowner owners to recover attorney fees in successful eminent domain challenges
  • 85% of land owners accept the final offer
    • Texas Civil Justice Leage found that 50% of landowners would go to court if they could be awarded attorney fees on a successful result
    • Florida which permits attorney fees awards has not experienced any of the negative results
  • 77% of land owners who take their eminent domain case to court receive 20% or more than the final offer

Houston…