Welcome to the Future!
State Rep. Ernest Bailes says the Texas House needs to revisit these eminent domain issues:
The Huntsville Item | State representative staying busy with county fair, interim charges
Court: Illinois Supreme Court
The Ruling: to be able to receive the power of eminent domain in Illinois, a utility must own real property, and the transmission line companies at issue do not own real property in Illinois.
Is there a way for the project to move forward: Yes, if the comapnies move forward as private companies without the power of eminent domain
Governor Scott Walker of Wisconsin vetoed eminent domain restrictions that:
Governor Walk let stand eminent domain restrictions that:
Add another federal lawsuit to the list of whether pipelines consistite a public use that triggers eminent domain for private entities.
The new lawsuit is in U.S. District Court for the Western District of Virginia.
4 States have expereinced different reactions ont he same topic- pipelines & eminent domain:
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In a nod to the Denbury case, land owners across the east coast are suing FERC in federal court over whether pipelines have a public use that justifies eminent domain authority.
What to watch:
Utah is working on legislation to make clear that charter schools can exercise eminent domain. Here’s what the bill author wants to accomplish:
The Wilson Times (Wilson, N.C.) likens eminent domain by a private corporation to trying to buy heirloom tomatoes at a grocer by tossing some coins on the floor.
The Wilson Times sets out these 3 reasons opposing eminenbt domain by private companies:
State: Tennessee
The eminent domain prohibition: no eminent domain for industrial parks. The Tennessee statute set forth examples of projects that constitute public use, the bill deleted industrial parks from the list.
The legislation: Tennessee’s Senate Bill 1184
The Standard Banner | New law prohibits eminent domain for industrial parks
Knoxville News Sentinel | Eminent domain reform protects farmers
The alleged crimes: “fraud by getting inside information from the Texas Department of Transportation to buy cheap land alongside Interstate 35E and then flip it to the state at inflated prices”
How was the land value increased? land underdevelopment was considered to be a higher value
The “profit” generated by these sales to TXDOT? $12.6Million
The agency: Texas General Land Office
The land: Rollover Pass on the Boliver Penninsula
The entity using eminent domain: Galveston County
Where are the courts? County Court-at-Law Judge ruled in favor of the use of eminent domain. The next phase will be detemrineing value.