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No eminent domain for private gain has been echoing around the country. What happened this week:
The Legislature raising public use standard: South Carolina
The Problem that sparked the legislation: A controversial pipeline that upset property owners but the company behind it said eminent domain would be used for about 1% of the project.
The Legislation :“A private pipeline company would have to show the line is a public necessity — meaning it’s vital to the welfare of the people…
On Friday, Ocotber 23, 2015 St. Louis aldermen voted to approve eminent domain to retain a geospatial “spy agency” in St. Louis.
St.Louis Post-Dispatch | Eminent domain gets the OK so St. Louis can try to keep spy agency
What city is trying to retain an employer by using eminent domain?
St. Louis may lose…
Farmers in West Texas aren’t pleased with pipelines that are being built to bring product to and from Mexico. The farmers focus on 2 national trends:
Farmers talking about a proposed west Texas pipeline that will bring products to Mexico.
AP via Washington Times | Some farmers in West Texas raise concerns about pipeline
The Winning argument of the Pipeline: The pipeline is intrastate and not regulated by FERC. See, look here, Pennsylvanians get a public use/benefit.
What’s the deal? Pennsylvania courts have been wrangling with whether a Sunoco pipeline qualifies for eminent domain.
Why does Intrastate or Interstate matter? Eminent domain usually requires a public use or benefit. An interstate pipeline that doesn’t provide supplies to a state may not offer a public use or benefit, and thus has no…
What project wanted eminent domain authority? A transmission line for the Grain Belt Express which was set to run through Kansas, Missouri, Illinois & Indiana.
How was eminent domain authority denied?
A new documentary details the plight of landowners that oppose the Bluegrass Pipeline. Top 5 complaints from landowners:
What was the end result?
Houston churches that were facing eminent domain to make way for a new Housing Authority development, have sued to stop the eminent domain based on the Religious Freedom Restoration Act (RFRA).
RFRA is usually only a hot topic when conservative activists want to strengthen it to stop the social issues they oppose.
But, the use of RFRA by the churches to stop eminent domain adds an added lawyer of constitutional protection. Now the local governmental entity will have to prove:
11 states are bandying about 36 pieces of legislation to gain state control over federal land management.
Supporters say the state should control land within its boundaries. Opponents, like the Center for Western Priorities issue reports entitled, “Going to Extremes: The Anti-Government Extremism Behind the Growing Movement to Seize America’s Public Lands.”
Polls say 52% support federal control over the public lands. But in these large western states, like Nevada where 85% of the…