Anatomy of a Business Response to a City Eminent Domain For Easy Access to a Entertainment District

The City: Oklahoma City, OK

The Entertainment Distict: Bricktown

The city’s goal with the property acquisition: make it easier for people to get into Bricktown

The land the city needs to get to this goal of easy access: A U-Haul Parking Lot

Is UHaul agreeable:  Yes to the project. No to the city offered compensation.

What was the business response: An open letter to the City that makes these points:

  •  The city is asking us to rebuild and eat $4 Million in the cost of new permits and…

Legal TREND. State Supreme Court. Restrictive Covenants Can Trigger Takings.

Kansas Supreme Court ruled in late July 2017 that a violation of a restrictive covenant by an entity with the power of eminent domain is a taking requiring compensation requiring just compensation.

Thats a lot of legal words, what does it mean? In this Kansas case it means that Kansas DOT acquired land that was restricted to single family homes via restricted covenant. When KSDOT builds a bridge or roadway on that land it creates a compensable damage to the subdivision that created the…

LEGAL TREND. Flipping Right of Way Property. Eminent Domain Compensation. What you Need to Know from Dallas.

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

Dallas Morning News | Second Dallas investor to admit to scheme using inside TxDOT info to flip highway land for profit

Business Trend. Hydrogen Superhighway Avoids Eminent Domain

How does this project seek to avoid eminent domain? The hydrogen superhighway proposed in Michigan will elevate the superhighway, limiting the need for access roads.

What will the superhighway carry?

  •  vehicles for public transit
  •  individual automobiles
  • standard ISO freight containers
  • an embedded hydrogen distribution pipeline system

Government Security News | Michigan company sees ‘Hydrogen Super Highway’ as the future of rail transportation

Eminent Domain. TXDOT. Right of way. Fraud. Forget flipping houses, flip right of way land. 3 pieces informed intel:

What is flipping right of way?  2 investors have been investigated by the FBI for buying right of way near I-35East, and arguing that land delveopment deals increased the land’s value when the land was sold to TXDOT.

What happened to the 2 investors? 

  • 1 entered a guilty plea to one count of conspiracy to commit mail fraud
  • 1 is awaiting trial

The amount garnered from the land transactions?  2 investors received $12.9 million above their purchase price

Dallas Morning News | Dallas man admits…

County has to be Granted Quick Take Authority By the State for Each Project. Name the State…

…Illinois

For a county to build a connector road project, the county has to receive authority for a quick take eminent domain from the state.

Once quick take eminent domain authority is granted, the county has 1 year to exercise eminent domain.

Herald & Review | Macon County awaits state action on eminent domain authority

INTERIM. Legal Trend. Improvement District Sues TXDOT. Win Increases Value by $3 million. 3 Key Points.

Why did the East Montgomery County Improvement District sue TXDOT? The board thought it was important to show a jury the loss of value in the land:

  • lost a great deal of functionality as a large event community center
  • Condemned property  included a parking lot that affects functionality
  • The State’s proposed remediation parking plan was inadequate to serve the district’s needs or that of the community
  • Condemned Property prohibits expansion of the districts education wing

What was…

Private Property Rights. License Plate Readers. Lesson from the Attorney General

How would a county in Texas be able to capture license plate information for the purpose of enforcing minimum libaility insurance statutes?

  • Pass a Bill
  • Give Counties specific authority to use certain equipment
  • Give counties specific purpose to use the equipment
  • Specify what the enforcement mechanism will be

How did we learn this step by step guide to county license plate reader use?  Because of Attorney General Opinion KP-0076 that answers  whether Bowie County can engage a private…

Private Property Rights meets Land Speculation. Indictments in North Texas. 4 Key Informed Intel.

What law enforcement agency was investigating land deals in North Texas? U.S. Department of Justice

What transportation project is involved? I-35 E expansion in Denton County

What crimes are alleged to be involved in these land deals?  conspiracy to commit mail fraud

What makes people believe real estate development was land speculation?

  • accused of deceiving the Texas Department of Transportation by
  • buying frontage land low
  • asserting that the land was under development
  • and…

2 States Republican led Legislative and Regulatory Actions Kill Pipeline.

Which pipeline was scrapped citing legislative reasons? The Palmetto Pipeline set to run through South Carolina, Georgia and Florida

What caught the attention of the legislators and regulators? Whether a pipeline that traverses a state, without providing product to that state, can give the state a public benefit.

What was the action by the states on a legislative and regulatory level? Permits were denied & legislators paused the use of eminent domain by private entities so that the…