Category Archives: public use or benefit

3 Points. Eminent Domain. Legislative Priority.

What entity lists eminent domain as a legislative priority? Empower Texas

What 3 points do they point to as requiring eminent domain reform:

  • Private gain from eminent domain– whether it be private entities using eminent domain authority or local officials benefitting developers
  • Public Use should be roads, water lines or electricity, & not high speed rail developlment
  • Amoritization is just as bad as eminent domain.
    • ​What is amoritization? Changing zoning rules to deprive property…

Why the chant to use eminent domain against Trump Tower? What you Need to Know:

  • NYC is footing the bill. Securing the 58 story building is estimated at $35 million from now until 1/20/2017
  • Donald Trump loves eminent domain. 
  • NY has expansive eminent domain laws.
  • There are safety reasons to use eminent domain.  The security at Trump Tower for hinder traffic, impeding commerce & draining tax payer dollars.

Washington Post | New York should seize Trump Tower

City Uses Eminent Domain Against Private Company. Electric Poles. 3 Bits Informed Intel.

The city: Hastings, Nebraksa

The target property to acquire: Utility poles owned by Windstream

The public purpose: Acquiring a secure the means of distributing electricity to the citizens of Hastings without relying on a 3rd party for repair

Hastings Tribune | Council approves eminent domain for utility pole ownership

Legal Trend. No Eminent Domain for Private Companies. 3 Statements from a Judge.

The project denied eminent domain: An oil pipeline through rural Ohio

What were the judge’s objections?

  • The company pointed to a $237.3 Million economic boon and the court said economic development is not a reason for eminent domain
  • The pipeline provides no direct benefit or service to Ohioans.
  • The common carrier statute that applies to pipelines like this is an unconstitutional infringement on the property rights of Ohioans

Legal Trends in the Rust Belt meet Legislative Trends in the…

Legal Trend. No Pre-condemnation Access. +1 State Supreme Court

Requiring that land owners allow precondemnation access to their land for pipelines is going out of fashion.

The latest court to side against pipelines in eminent domain: The West Virigina State Supreme Court

What did the West Virigina Supreme Court have to say? 

  • unconvinced the pipeline serves a public benefit
  • if there is no public benefit, there is no eminent domain and there is no access to land without land owner consent.

Why did the court decide there was no public benefit in the…

Private Property Rights. New Fronts. State Supreme Court denies eminent domain for private gain.

Background:  In September the Pennsylvania Supreme Court denied eminent domain authoeity for underground gas storage as unconstitutional under both the state and federal constitution.

What did private property activists learn from the Supreme Court ruling?

  • Economic gain by the condemnor can be a trigger for courts

State Impact Pennsylvania | A new front emerges in the battle against eminent domain

TREND. Swing States Unite for Property Rights. Private Entities Be Wary.

Which 2 swing states are propping up property rights? PA in Robinson Township v. Commonwealth & OH in Kinder Morgan utopia v. PDB Farms 

How are these states at the forefront of property rights trend? Courts in each of the state’s have denied private businesses from using eminent domain when no public benefit exists

What’s the kicker on public benefit? Both of the projects denied eminent domain authority were moving goods over a common carrier to Canada with no facilities in the…

Legal Trend. Ohio Follows Pennsylvania–a phrase not just for Presidential Elections.

An Ohio Court has stopped the power of eminent domain for a pipeline in Ohio based on this rational:

  • The pipeline is benefiting 1 manufacturer, not a common good
  • The pipeline benefit is in Canada and not in Ohio

Sandusky Register | Ruling could help farmers battling pipelines

+1 Denial of Eminent Domain. No Public Use in Exports.

Where: Ohio

Who or what denied eminent domain authority? A state judge

What project was denied eminent domain authority? A pipeline that would move natural gas froma  shale region in Ohio to a facility in Canada

Why wasn’t public use of benefit met? Because the benefit from the poeject was found to be the end point of the pipeline in Canada. The jobs created in Ohio were not persuasive to the court.

The Toledo Blade | Wood County judge nixes pipeline builder’s eminent domain plans

Informed Intel. TPPF. 7 Property Rights Recommendations. 2017.

TPPF’s “Legislators Guide to the Issues 2017-2018” offers these property rights recommendations:

  • Shift the burden of proof to the condemning entity thereby away from the property owner
  • Reduce deference to government decisions in property rights matters
  • Restore constitutional right to own and use property
  • Texas Real Proeprty Presenrvation Act should be applied to municipalities
  • Eliminate a threshold taking amount in the Texas Real Proeprty Presenrvation Act
  • Condemining entities should…