Lege Trend. Republican Resolution. No Eminent Domain for Private Gain. 3 Bits of Intel Unifying 3 Opponents.

State: Illinois

The project sparking the no eminent domain for private gain refrain: Great Lakes Rail

The Resolution, HR 437 (2017), hits on these 3 points:

  • private company using eminent domain
  • up tp $90 million permanent loss of agricultural revenue
  • endangers local wildlife

Illinois Valley News Tribune | Rep. Long bill opposes Great Lakes Rail, eminent domain 

Lege Trend: Does Eminent Domain for Private Entities Meet Constitutional Standards? This Red State Wants to Know.

State: Nebraska

The legislative study:  • Does granting eminent domain authority to for-profit entities meet the constitutional requirement of a public use?

The legislation: Nebraksa State Senator Justin Wayne LR243 (2017) 

York News Time | Resolution would stipulate hearings on eminent domain issues

LEGAL TREND. TX Judge Enjoins Pre-condemnation Access Surveys

The legal fight: Texas Central Rail and Grimes County

The court:  506th District Court in Texas

The judge’s words: The defendants (Texas Central Partners) and their agents are permanently enjoined from performing surveys or other studies which damage, alter or impair county maintained rights of way,”

What Grimes County says it does: prevents Texas Central Rail from exercising precondemantion surveys  & Texas Central Rail does not have eminent domain authority

What Texas Central Rail says it…

What's ALEC saying about eminent domain and high speed rail?

ALEC on eminent domain for high speed rail:

“Of course, a great many public use transportation infrastructure projects ultimately need to use eminent domain to be able to reach completion. Specifically, railroads, including those in Texas, have long had to resort to eminent domain to provide a bene t to the public as have highways and other public infrastructure. And the truth is that trying to build a railroad (or highway) without some sort of eminent domain is nearly impossible. “

“Like the…

Lege Trend. Eminent Domain Limits by Industry. Rail Industry edition.

State: Indiana

The eminent domain legislation: 

  • heightens the public use standard
  • puts into state law a federal appraisal standard
  • limits the amount of land that can be taken, tying all the land to the public use

Northwest Indiana Times | Rail eminent domain changes win legislative approval

Indiana House Bill 1260 (2017)

1 Pending Texas Central Rail Landowner Lawsuit. 3 Things to Know.

  • A lawsuit from 78 year old property owner and a countersuit by Texas High Speed Rail had a hearing this week
  • What put them into court was whether the rail could have pre-condemantion access to the property to survey it
  • What kept them in court, when Texas Central Rail, had dropped other similar lawsuits, was that this lawsuit wanted Texas Central Rail to admit that it did not have eminent domain authority

No ruling yet from the Court. 

KBTX | Leon County landowner meets high speed rail…

What all was said after the TX Senate Eminent Domain Bill Package?

  • “Many [Senators] still consider the privately financed plan a boondoggle”

Austin Business Journal | Bills targeting Texas high-speed rail spark debate in Senate Transportation Committee

  • The bill prohibiting eminent domain for high speed rail has been sent to Local and Consent. 

Austin American Statesman | Bills stalling or stopping bullet train pass Texas Senate committee

  • Focused on the land owners experience. Including this quote from a member of the Board of Directors  of the  Texas and…

Show Me State. Show Me Property Rights. 3 Points informed: intel

  • demand responsible routing of utilities along property lines, boundary lines or section lines
  • require minimized land damage
  • Limits the amount of PSI exerted on soil

What supporters say: “protects our property rights from those who would steal our land for their own profit.”

How does the bill apply? It applies to all condeming entities BUT only to agricultural land.

Missouri HB 640 (2017)

Southeast Missourian | Mo. Agricultural bills

Eminent Domain by Private Entities is Crony Capitalism.

Tyler Morning Telegraph editorial opposing Texas Centrail Rail raises these 3 points:

  • This isn’t a rural-urban issue. This is a property rights issue.
  • You can’t say this is a private enterprise, promoting free market when you use eminent domain, because eminent domain is the opposite of free market.
  • This is crony capitalism with the government  “thumb on the scale”

Tyler Morning Telegraph | Editorial: Texas bullet train an example of crony capitalism