Category Archives: public use or benefit

Lege TREND. Texas State Representative Eminent Domain Supports 3 Changes. Hello to you Pipelines & Transmission Lines

Texas State Representative Brad Buckley at his first townhall since the Leiglature convened made these points about eminent domain:

  • Stop companies from acquiring land with inadequate compensation
  • Disclose exactly what will be built
  • Disclose exactly what will be buried (Bonjour pipelines and transmission lines)

Kileen Daily Herald | Buckley holds first town hall since election to District 54 seat

Lege TREND. Constitutional Amendment Reigning in Eminent Domain + Adding Natural Gas + Utility Connections

North Carolina House Bill 3 (NC | 2019)  does 3 things:

  • removes public benefit from the Constitution and requires public use for eminent domain
  • clarifies that natural gas distribution facilities have eminent domain authority
  • clarifies that connecting customers to utilities is a pulic use

 

2019 Texas Legislature Eminent Domain Playing Field. Who is Where & What are all these Associations?

The 2 umbrella assocaitions in the bruhaha:

  • Texans for Property Rights “dedicated to protecting property rights”
    • Texas Farm Bureau
    • Texas Assoc. of Realtors
    • Texas Wildlife Association
    • Texas & Southwestern Cattle Raisers Assoc.
    • TWITTER  (October 2016)
  • Coalition for Critical Infrastructure ” help maintain Texas’ positive business climate and quality of life by addressing our growing need for roads and highways; oil, natural gas and water pipelines; electric transmission and…

Lege TREND. Quick Takes. Eminent Domain Just Compensation ACT.

Justin Amash (R-MI) filed the Eminent Domain Just Compensation ACT to prevent federal taking of land before final fair market value has been finalized.

So what would this impact?

  • potentially the amount of compensation for fair value determinations
  • when the land can be taken by the government
    • currently the land can be taken before a final determination of compensation
    • this bill requires a final determinationof compensation before the government can take possession (and presumably use) of…

Eminent Domain. Church Land. Texas Court Case. Pre-condemnation Access.

The land at issue: On the border with Mexico is owned by the Catholic Church

Where are we in the process? The Bishop denied access to the land for surveying.

The court case: federal district court in McAllen. The church is currently receiving legal assistance from Georgetown University Law School.

The issue: Does the church’s religious convictions trump any taking for a public purpose.

KVEO | Major Law School Helps Church Caufht in Border Wall’s Path

Eminent Case Du Jour for Private Property Rights Think Tanks

The eminent domain case that will be repeated in legislative sessions:

  • GM shuts down factor built on land taken by eminent domain in 1981
  • 4000 people were displaced during the process

Reason | GM Will Shut Down Factory Built on Land Seized in Controversial 1981 Poletown Taking 

+1 Local Government. No Eminent Domain for Private Gain. From the North.

Columbia County, Wisconsin Baord of Supervisors voted to support he following statewide eminent domain reform:

  • prohibit private companies from using eminent domain to take property
  • public good should not include economic growth
  • ensure that landowners can negotiate for a fair price.

Are other Wisconsin counties doing the same thing? Yes, at least 6

Portage Daily Register | Columbia County Board favors eminent domain reform

Sawyer County Record | Rusk County passes resolution calling for…

Lege TREND. Legislative Plan to Preempting Tree Ordinances. An exception + the Opposition

Michiugan will consider SB 1188 (2018 | MI) that will preempt local ordinances barring tree removal by:

  • prohibit local governments from adopting or enforcing ordinances or charters “prohibiting or restricting the removal of trees or other vegetation.”

What exception did the author accept?

  • allow local governments to willingly enter into contracts with private landowners to allow local control of storm water mitigating vegetation

What are cities saying in repsonse?

  • vegetation and tree…

3 Reasons to Reign in Eminent Domain. Editorial from the Black-eyed Susan Flower State

The Baltimore Sun Editorial, Transource fight continues [Editorial], raises these 3 issues with eminent domain:

  • Balance economic interests in eminent domain by comparing whether there are “sufficient economic benefits to justify the..cost and the disruption to the communities”
  • Legislation should re-direct to non-eminent domain alternatives. Maryland is considering requiring that power projects look to existing infrastructure first. 
  • Public Necessity.   need a better balance between property…

Legal TREND. Litigating Texas Kelo Fix. 2 Potential Fixes Heading to a Legislature near you.

In KMS RETAIL ROWLETT v. the City of Rowlett, the Texas Supreme Court this fall heard arguments over whether a road easement in a commercial development project violated the Texas Legislture’s legislative repsonse to Kelo v. City of New London.

The trial court and appellate court agreed that the roadway easement falls into  a transportation exception on the prohibtion against eminent domain for economic development purposes in Texas Government Code Sec. 2206.001

What legislative fixes could…