Category Archives: Uncategorized

Where: Moab Utah What is Moab doing? Adopted a new land-use code that blocks construction of new hotels, condos and houses intended for short-term rental Is the prohibition permanent? The intent is to study and find appropriate zoning restrictions for hotels, condos and houses intended for short term rentals The Salt Lake Tribune | Moab […]

Where: D.C. What resolution protecting private property? Sen. Steve Daines (R-Mont.) resolution condemning socialism How does private property rights fit into this? Socialism will “eliminate the private property rights of all people of the United States.” Why does this matter? Every legislature will have a Republican filing the same or similar resolution calling on the protection of […]

Where: North Dakota What is pore space? The hollow underground space in rock formations Who sued? Northwest Landowners Association Why did they sue? The only property rights protections for pore space in statute were contractual and that made the taking of pore space, without a contract for compensation, a taking without just compensation The proposed […]

WHO: Economist Leah Brooks and law professor Zachary Liscow WHAT: Looking at the cost of construction from 1960 to 1980 find land costs are minimal HOW does this impact eminent domain reform? eminent domain reform does not increase construction costs, even when accounting for inflation the proportion of construction costs that relate to land acquisition has […]

Where: Oklahoma What’s happening? Oklahoma separately values the property owned by companies that have eminent domain authority How does it work? impacts “public service” companies (companies that have the privilege of using eminent domain) property assessments are conducted annually by the Oklahoma’s State Board of Equalization  there’s an opportunity for companies to protest, all the way […]

Where: Pennsylvania Why does state law determine compensation in a federal eminent domain? Natural Gas Act according to the 3rd Circuit What compensation does this open? consequential damages Reuters | 3rd Circuit adds consequential damages to Kinder Morgan’s tab for pipeline expansion

Where: Parker County, TX What is happening? landowners in the path of a pipeline are receiving no notice of entry onto land and are removing trees How does this differ from other examples? Some landowners say they had existing contracts with the pipeline company that required notice and the preservation of certain trees Beyond compensation […]

Where: Dallas What: a carwash on Martin Luther King Jr. Boulevard in South Dallas What action did the city take? city’s zoning board of adjustment determined the property was a nuisance which caused the business to cease operations Why does this matter: 2019 eminent domain bill concerned compensation and if this local government action is […]

Where: North Carolina What’s the bill look like? HB 645 (2019 |NC) How will HB 645 change property laws related to billboards? allow more billboards allow existing billboards to be moved up to 250 feet allow more digital billboards allow for tree trimming for the preservation of billboard sightline if eminent domain is used to […]

Where is this happening? north St. Louis County Missouri What is happening? A blighted building cannot be sized by eminent domain Why can’t eminent domain be used? the county issues the blight citations the property is technically in a municipality eminent domain is limited in the scenario to only transportation projects KMOV 4 | North […]