Category Archives: public use or benefit

Editorial Proposes No Eminent Domain for Exported Goods

In a laundry list of pipeline reforms, a newspaper recommends prohibiting eminent domain when the public good is in whole or part exported. 

The targets: Private companies with eminent domain authority like transmission lines & pipelines

The Recorder | Greenfield Massachustees | Lets Fix Pipeline Review Steps

The Federalists Are Coming after Pipeline Eminent Domain. Some say yes Constitutional. Some say, Not Constitutional.

  • Highlights the eminent domain prohibitions that passed in Georgia and South Carolina
  • Focuses on the unusual alliance of property rights advocates & environmentalists
  • Ilya Somin stresses that some pipeline use of eminent domain does meet constitutional muster.

Washington Post | Volokh Conspiracy | Federalist Society teleforum on pipeline takings

TREND. No eminent domain for private gain. State Supreme Court Strikes Eminent Domain for Private Companies

Which state: Pennsylvania

What did the PA Supreme Court say about eminent domain? That private companies that have eminent domain power that is excercised to support their private business is an unconstitutional of taking private land for a private purpose.

What were the specifics on the companies involved with eminent domain? Natural gas companies that stored natural gas on private land. 

Washington County Observer Reporter | Portions of Act 13 gas drilling law struck down as…

Eminent Domain to Stop a Land Owner from Selling on the Open Market? oui. si. yes.

I’m confused, what’s happening? Palo Alto California wants to use eminent domain to keep a mobile home park as a mobile home park

What does this do to the property owner? Prevents the owner from selling the land to a developer for other purposes

The public pupose asserted: Maintaining low income housing

Fox News | ‘Flatly unconstitutional’: Mobile park owners fight gov’t bid to block redevelopment

Eminent Domain for Space Port? Probably Not, Peaches. Here is Why:

Where: Georgia

Why does the sapce port need eminent domain? Because of the frequency of launches, land surrounding the area may need to be condemned for safety purposes.

What state law impediment exists? In 2006, Georgia amended its eminent domain laws to require a public purpose, and it’s believed space travel does not meet that standard.

WABE Atlantat’s NPR | Safety, Legal Issues Could Ground Georgia Spaceport Plans

3 Points from Eminent Domain Activists vs. High Speed Rail

Activists opposed to Texas Central Rail proposed high speed rail between Dallas and Houston make the following points:

  • Obsolete technology in high speed rail
  • No public benefit from high speed rail
  • Private Property rights are held in high regard in Texas

Houston Chronicle | Protester of proposed Houston-Dallas high-speed rail line shouts “remember Pearl Harbor”

3 Reasons County Commissioner Is Displeased with High Speed Rail.

  • Folks representing high speed rail are entering land without permission
  • Strong arm tactics by folks representing high speed rail
  • The use of eminent domain by private companies like Texas Central Rail

KTRH | Is Eminent Domain Becoming the Norm in Texas?

Your Tomball News | Grimes County Commissioners vote to require high-speed rail officials to provide proof of eminent domain authority

Legal Trend. Clear Public Necessity.

The Court: New Jersey Supreme Court

The eminent domain: Taking a personal residence by the  Casino Reinvestment Development Authority

The Court Ruling: There is no public use, and no legislative authorization, because the special district didn’t have a clear plan

Washington Post | Court strikes down taking that is “a manifest abuse of the eminent domain power”

4 Ways Southerns Think about Eminent Domain.

National Geographic’s website has a feature piece entitled, Palmetto Pipeline: An Eminent Problem. Here’s what you need to know:

  • Southerners aren’t opposing pipelines for environmental reasons, but for private property reasons.
  • What didn’t sit well with landowners is that the pipeline can take an easement via eminent domain, leaving the property owner to pay taxes on land that it can’t use because the pipeline is on it.
  • In 2016, government officials denied eminent domain because there was…