Eminent Domain Compensation. How Does a Private taking By a Pipeline Differ from Wind or Solar Energy?

A taking of private land by a private company for a pipeline results in no compensation from royalties, unlike a taking of property for solar or wind energy

CWB Radio | Clark County Board of Supervisors Approves Resolution Asking Wisconsin to Review Eminent Domain Laws

Lege TREND. Deny funding for using eminent domain in certain ways. Carrot and Stick? Stick and Stick?

The House passed a bipartisan HR 189 (115th Congress)  that denies federal funds if a state or political subdivision uses eminent domain for economic development purposes. 

Congessman Goodlatte | Goodlatte Applauds House Passage of Legislation to Limit the Abuse of Eminent Domain

Lege TREND. Governor Protects Open Space from Eminent Domain.

Pennsylvania Governor signed  HB 2468 (2018 | PA) protects open space by making it harder to condemn land that is subject to a Conservation Easement.

How does this work?

  • Land subject to a conservation easement cannot be condemned unless:
  • An court says that eminent domain can be used
  • A court can only say that eminent domain can be used if:
    • necessary for the health and safety of a community
    • no other reasonable and prudent alternative

Patch | Stoneleigh Response Eminent Domain Bill Signed…

Lege TREND. How an eminent domain prohibition bill carved out utilities.

What use of eminent domain caused the legislation:    A school disrict in Pennsylvania needed to expand and made an attempt to use eminent domain for open space land

What was the legislative response?  Pennsylvnaia Legislature responded by enacting, and the Governo r signing, HB 2468 (PA | 2018) 

What does HB 2468 (PA | 2018)  prohibits eminent domain for open space unless:

  • a court grants permission because there is no other reasonable and prudent alternative
  • its a utility exercizing…

Lege TREND. Protecting Open Spaces by Prohibiting Eminent Domain.

Pennsylvania HB 2468 (2018 | PA) protects open space by making it harder to condemn land that is subject to a Conservation Easement.

How does this work?

  • Land subject to a conservation easement cannot be condemned unless:
  • An court says that eminent domain can be used
  • A court can only say that eminent domain can be used if:
    • necessary for the health and safety of a community
    • no other reasonable and prudent alternative

Lege TREND. Writing Law to Make Open Space Eminent Domain HARDER. Protect the Parks. Protect the Greenspace. Protect the Skunks.

State: Pennsylvania 

Legislation: HB 2468 (2018 | PA)

How does HB 2468 (2018 | PA) make it harder to use eminent domain on open space?

  • requires any government agency to obtain Orphans’ Court approval
  • PRIOR TO using eminent domain to take permanently preserved land
  • CONVINCE the court that  there are no alternatives for the project

Author’s Press Release on HB 2568 (2018 | PA) 

Main Line Times | Kampf proposes law to make use of eminent domain on open space land more difficult

Local TREND. Eminent Domain for an Animal Shelter

Sevier County, Tennessee, is considering eminent domain to take possession of a county animal shelter that is without an operating contractor.

Where did the idea of eminent domain for an animal shelter come from? the Sevier County Budget Committee

How was eminent domain received by the commissioners? “I am always very reluctant to use the power of condemnation unless absolutely necessary. Therefore, I continue to believe the best solution for our citizens and the animal welfare is for the…

Campaign TREND. Republican Governor Candidate in the Cherokee Rose State. Test for Eminent Domain

State: Georgia

The Republican Candidate for Governor: Hunter Hill, a former State Senator 

His proposed test for granting eminent domain authority to a private entity:   a net benefit to the taxpayers before eminent domain can be given to private entities

WABE | Meet Republican Gubernatorial Candidate Hunter Hill

Activist TREND. Texas Conservative Online Eminent Domain Polling. 58% say No. No. No. More say Never for Private Entities.

online polling for eminent domain purports:

  • 58% oppose eminent domain use
  • 42% are yes and likely yes, but only if….

What qualifiers are offered for yes to eminent domain?

  • never for private projects
  • only for national emergencies
  • only if compensation is drastically above fair market place
  • fair compensation & a benefit for the community

isidewith | Eminent Domain Poll Results for Greg Abbott Voters 

Local Government TREND. +1 County Moves to Block High Speed Rail Eminent Domain

The County: Madison County Texas

The high speed rail project: Texas Central Partners’ Dallas to Houston High Speed Rail

What action did Madison County take to block any high speed rail eminent domain use in Texas?

  • county intends to maintain the roads for the use intended, and no other use

Madisonville Meteor | County takes stand on railway