Trump & Eminent Domain. 3 Highlights from Michelle Malkin Column.

A 2011 Michelle Malkin column ties Donalad Trump to eminent domain abuses. The highlights:

  • “Too many mega-developers like Trump have achieved success by using and abusing the government’s ability to commandeer private property for purported “public use.”‘
  • “Trump has shown reckless disregard for fundamental private property rights. In the 1990s, he waged a notorious war on elderly homeowner Vera Coking, who owned a little home in Atlantic City that stood in the way of Trump’s manifest land…

State Agriculture Department Arms Farmers to Defend Against Eminent Domain from Pipelines & Transmission Lines.

New Jersey has the State Farmland Preservation Project. Farms that are active in the project are armed with information including:

  • that there is no eminent domain authority for electric utility and intrastate natural gas pipeline projects.
    • A “utility company cannot cross a preserved farm. “
  • public use projects that do qualify for eminent domain authority have to follow very specific compensation guidelines and that the project can approve or deny negotiations with a landowner.

NJ…

Regulators Block Eminent Domain for Transmission Line

The trend that keeps on growing: regulators denying eminent domain authority for private entities.

In this case, Missouri regulators denied eminent domain authority for an electricity transmission line that would run through Missouri but would supply electricity to the benefit of Kansas. 

From St. Louis Post-Dispatch:

“The Missouri Public Service Commission’s 3-2 vote to deny the Grain Belt Express project’s route stalls the entire line, which already won approval from Kansas and…

How many condemnations does it take to build high speed rail?

California is actively building high speed rail. This week the State Public Works Board approved its 246th condemantion resolution since 2013. Fresno Bee

Not only is aquiring land time consuming, but California’s experience is also teaching us that high speed rail is a lengthy process. To move high speed rail along more quickly, the California legislature added a budget rider that will:

    …

Kelo 10 years Later

How did eminent domain use for economic development purposes fare, even with the US Supreme Court’s blessing in Kelo? There were no winners. 

  • The land on which Suzette Kelo’s house stood is undeveloped.
  • The company, Pfzier, which received tax incentives and abatements in the economic devleopment plan, closed its operations in New London in 2010.

Institute for Justice

Cattlemen Sieze Trend: Public Use Standard has run amuck

Other states have reigned in eminent domain authority by denying eminent domain when there is no public use. Their actions have been via court action, legislation, and regulatory denial of permitting. 

The classic example has become a pipeline or transmission line that does not provide service or use to any part of the state through which it passes. 

Joining the legislative trend to reign in eminent domain standard of public use. President of the Cattle Raisers writes,”In m…

Regulatory Trend: Show Me State Poised to Say No to Eminent Domain for Transmission Line

A transmission line that was denied eminent domain in Arkansas, faces a second denial for the use of eminent domain because the transmission company cannot show need.

From the regulators:

” A Missouri Public Service Commission staff report found that while CLEP demonstrated abilities to …