Category Archives: public use or benefit

Kelo Fix loophole. Cities Using Eminent Domain to Boost Revenues? WHERE. WHAT. HOW.

WHERE: Illinois

WHAT: Condemning swaths of property as “blighted” to redevelop the property as higher tax revenue. 

HOW is this happening when Illinois also prohibited eminent domain for economic development purposes? The blight designation in Illinois allows other neighboring, non-blighted properties to also be taken.

KPVI | Some Illinois cities eye eminent domain to boost revenue

Legal TREND. The US Supreme Court & Pipelines

The US Supreme Court may consider the Mountain Valley case.

What’s Mountian Valley about? Landowners are claiming the natural gas pipelines used eminent domain unconstitutionally because land is taken in states in which there is no benefit realized.

How did the landowners fare at the 4th Court of Appeals? landowners lost but because the court’s didn’t have jurisdiction not on the constititional issue.

 Washington Post | Landowners ask Supreme Court to hear Mountain Valley case

Eminent Domain = Crony Capitalism Economic Development. 3 examples

 

  • increased economic activity from eminent domain projects are not always realized
    • for example, the land taken in Kelo v. New London remains vacant
  • In Wisconsin eminent domain is being used for a FoxConn economic development project
    • After the use of eminent domain, the same taxpayers will subsize FoxConn salaries 17 cents on the dollar
  • the border wall showcases that not all landwoners are receiving adequate compensation amind allegations tha tonly wealthy landwoners are being…

Campaign TREND. Anatomy of a Eminent Domain and Pipelines in a Congressional Open Seat. Who.Where. What.

Who: Lewis (D) and Cline (R)

Where: Virginia’s open Congressional District 6 being vacated by a (R).

What eminent domain views?

  • The D opposes both eminent domain and raises concerns about pipeline safety
  • The R supports Pipelines but wants federal legislation that:
    • limits the use of eminent domain to projects that “would be necessary for the government to provide an essential service.”
    • offers more publiuc input in the pipeline permitting process

WSLS | News 10| What you need to know…

Campaign TREND. Buzzwords supporting eminent domain reform.

A West Virigina Congressional race features opposition to eminent domain for a pipeline with messaging that

  • shows conservatives and liberals agree in their opposition
  • the public sees no benefit when their land is taken for a pipeline
  • the public sees no benefit when, gasp!, the gas moves overseas

When is eminent domain permissible to the candidates?

  • “clear and strong public benefit”
  • no revolving door from oila nd gas agency oversight to oil and gas industry work

WVTF | 9th Congressional…

Lege TREND. Eminent Domain Compensation legislation for 2019.

Ashby reiterates his support for his 2017 eminent domain compensation bill, HB 3687 (2017 | TX) that would:

  • strengthens bona fide offer
  • additional dislcosures of appraisal reports
  • additional detail disclosures for easements
  • hold harmless clause for the land owners
  • nongovernmental entities have to escrow or bond the trial court award for a landowner before appeal
  • an attorney fees trigger mechanism for nongovernmental entities
  • shifts property taxes to the condeming entity 

Lufkin Daily…

3 Problems with Eminent Domain in Texas. Hello 2019 Legislative Session.

Texas and Southwestern Cattle Raisers Association’s Opinion: Texas landowners subsidize pipelines and powerlines says this happens in 3 ways:

  • profits often outweigh the rights of landowners with some pipelines & transmission lines
    • agents may pocket any money budgeted that isn’t paid to land owners
    • disincentivizes fair offers to landowners
  • Intimidation. The team of lawyers of pipelines and transmission line companies
  • adequate offers are essential so landowners are treated like partners…

3 Reasons to "Revolt over Eminent Domain"

The American Conservative’s “Why the Public Must Revolt Over Eminent Domain” calls for a public revolt because:

  • Too much falls into Public Use. The Supreme Court in Kelo allows for a broad use of eminnt domain due to the broad interpretation of “public use”
  • Eminent Domain Abuse. State courts, federal circuit courts, and the U.S. Supreme Court have all failed to protect people from eminent domain abuse
  • Cronyism. Only the public can stand up to “cronyist land grabs”

What triggered this? Boise…

ACTIVIST TREND. Private Property Eminent Domain Reform. 2019. Texas. 3 Legislative Reforms.

  • Shift burden of proof from land owner to condemnor
  • Reduce court deference to local governments and state agencies in proceedings
  • Restore a constitutional right to USE  property

TPPF Legislator’s Guide to the Issues 2019

8 Property Rights Points from Rural Land Owners. Pipelines from Permian Basin to the Texas Gulf.

A lawyer representing rural landowners writes:

  • Private for-profit companies are given the government’s power to take private property under assumptions that this is good, common good
  • Are we rubber stamping common good projects for public use/benefit?
  • Why are we taking land before the process is approved by the courts?
  • We need to look at the costs and benefits of eminent domain
  • What happens to old pipelines and how does this get factored into the costs and benefits?
  • Landowners are in an…