- Land: Wildlife Preserve land at the Border
- Eminent Domain Use: Border Wall
- ABC 10 | Texas wildlife refuge could become fierce battleground over Trump’s proposed border wall
- Land: Landowners around the Lost Pines Groundwater Conservation District
- Property Rights Issue: Whether landwoners with no well in an aquifer can protest a permit
- Statesman | Groundwater district appeals judge’s ruling for Bastrop landowners
- Property: Deer and deer breeder licenses
- Property Rights Issue: What…
Category Archives: public use or benefit
Lege Trend. Increase Compensation for Eminent Domain. Except for Cities.
Wisconsin AB 770 will “fundamentally re-write” eminent domain compensation to landowners. Here’s how:
- including in compensation “reasonable project costs” like relocating & restarting your business
- raise the maximum compensation amounts offered to both tenants (up tp $80K) and property owners (Up to 100K)
- retain the maximum compensation caps only for citiesm towns and villages but not for private entities or state agencies
Opponents say:
- great cost to state government, utilities & other…
UPDATE. 3 Legislative Fixes to Lege Trend. New Eminent Domain for Animal Poop Pipelines. The bill does what?!
South Dakota Legislature is considering HB 1184 (2018) that will move cow manure through new pipelines.
3 Legislative fixes to secure private proeprty rights have been suggested:
- Provide for compensation to a landowner for the use of private property based on a royalty system
- Require a legislative finding that “a private landowner’s property rights may be infringed in order to preserve the general public welfare (not private welfare.)”
- Require the eminent domain process make a “finding that…
Campaign TREND. 4 Republican candidates TXHD 14. 4 Different Opinions on Property Rights.
Davis: Eminent Domain should not used by private entities
Laningham: No eminent domain for the bullet train, which is not a public benefit
Raney: taking someone’s property should be a respectful negotiation that satisfies the landowner
Texeira: follow the law and properly compensate landowners, otherwise landwoners should get a good lawyer
3 Reasons an Editorial Opposes Eminent Domain for Affordable Housing
The North Jersey editorial board opposed the taking of private property by a for-profit developer to build between 22 and 29 low- to moderate-income apartments in a mixed use retail and market rate housing development.
The opposition:
- Affordable housing is not a public use for eminent domain
- Its iffy if the properties taken are blighted
- handing private property, seized by emient domain, to a private developer doesn’t fly
North Jersey | Editorial: In Emerson, eminent domain or land grab?
Lege Trend. New Eminent Domain for Animal Poop Pipelines. The bill does what?!
South Dakota’s House transportation Committee moved out HB 1184 (2018) that will move cow manure through new pipelines.
What’s the opposition to cow manure pipelines?
- opposition rooted in the new grant of eminent domain authority
- its expanding eminent domain to something that isn’t an utility & doens’t serve a public use
How would these poop pipelines work?
- pipelines of animal manure from one farmer
- would run through neighbors’ road ditches
- to bring fertilizer to farmed fields
What do…
Legal TREND. Port Uses Eminent Domain to Buy Competing Port. The Courts Say Ports…
The Port had the power to use eminent domain on a 4:3 vote.
- This issue will be re-litigated during a re-hearing.
- The re-hearing will focus on whether if the condemning entity turns the property over to a private company to operate, is the eminent domain use justified?
As for compensation, the Port that was acquired didn’t receive just compensation.
The case: St. Bernard Port, Harbor v. Violet Dock Port, Inc.
Owners Counsel | Louisiana Supreme Court Decides St. Bernard Port, Harbor v.…
Legal Trend. Private Companies with Eminent Domain. Prepare yourself for the 2 new activist arguments.
If a private entity takes on a state function like eminent domain then…Activists in Lousiana, who are suing over the Bayou Bridge, want the energy companies that use eminent domain to be subject to the same rules the state is subject to, like open records laws.
Is a pipeline a public use? According to the activists/landowners a hospital is a public good, while a pipeline is described as:
- “We’re not talking about something that’s for the public good. The only people that are going to get…
Lege Trend. 3 limits for eminent domain by a private company in this piece of legislation
Nebraska’s LB 1017 (2018) would require:
- pipelines to prove by preponderance of the evidence that the pipeline is a public use & that just compensation was paid
- include in the calculation of just compensation the economic benefit to the private company
- Construction limitations including:
- $100 Million performance bonds
- A filed decommissioning plan for piepline removal at the end of the pipeline’s use
Lincoln Journal Star | Bob Krist bill would tighten requirements for pipeline…
Property Rights Trend. Are developer fees a taking?
Property developers in Los Angeles California are charged a fee that subsidizes affordable housing.
How did this end up in court? Developers argued that the fees are tantamount to a taking of private property “for public use without just compensation.”
What happened in court? The U.S. Supreme Court on Monday, October 30, 2017, refused an appeal that upheld the affordable housing fee.
California State Courts found that the developer fees are: a reasonable regulation of development.