Welcome to the Future!
Georgia’s Senate Bill 191 sets up this 2 step process for a pipeline to obtain eminent domain:
A late amendment prohbited pipelines in coastal areas, the Georgia Coastal Zone Management Program, to “protect the drinking water.”
Atlanta Journal Constitution | Georgia Senate approves new pipeline limits
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.
The Case: Murr v. Wisconsin
The oral arguments: March 20, 2017
The eminent domain issue: Property owners wanted to sell some land. The city and state said No, the property doesn’t meet requirements for stand alone sale because of waterway regulations.
How’s the case is shaping up? CALIFORNIA, HAWAII, ILLINOIS, MAINE, MASSACHUSETTS, MINNESOTA, OREGON, VERMONT, AND WASHINGTON are siding with Wisconsin. While NEVADA, ALASKA, ARIZONA, ARKANSAS, KANSAS, OKLAHOMA, SOUTH CAROLINA, WEST VIRGINIA,…
North Carolina Legislature is considering HB 10 which would extend the authority of eminent domain by allowing it to connect customers. The bill’s language:
“Connection of Customers. – For the public use, private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this section shall possess the power of eminent domain and may acquire by purchase, gift, or condemnation any property for the connection of any customer or customers.”
At the…
The City: Claremont, California
The eminent domain acquisition: The local water utility which the city thinks is charging residents too much
The legal drama: 21 day trial. The Court, in a tentative decision the City didn’t offer facts to back up its right to eminent domain. Final decision anyday.
Lexology | O’Melveny & Meyers | City of Claremont’s Water System Acquisition Attempt Rejected
Eminent Domain by the numbers:
Who is pushing more private property rights in groundwater? Senator Perry
The impetus to strengthen these private proeprty rights? Some bad actors in the water district world
Lubbock Avalanche Journal | Sen. Perry gives overview of upcoming session at HPWD’s meeting
What legal case is involved? South LaFourche Levee District v. Chad M. Jarreau
Tell me what happened?
The State: Tennessee
The County Resolutions: Urge the State Legislature to prohibit eminent domain to benefit private projects
Is this bigger than banning eminent domain for private entities? yes, it calls for a prohibition on government use of eminent domain to benefit a private entity
Jefferson County TN Standard Bearer | Carmichael re-elected as chairman
How does a landowner whose land is in the path of a proposed water pipeline cause a legal quagmire? Create a special district- a Conservation District.
How do 2 special districts resolve eminent domain over another’s land? The courts are deciding whether the land can be taken.
What have the courts said about dueling eminent domain authority of special districts?The TX Supreme Court ruled in favor of the Conservation District lands on a procedural issue, and now the issue of eminent…