Oklahoma’s HB 2264 ( OK | 2019) would require that a wind producer secure 80% of land with successful, good faith negotiations.
Lege Trend. Texas Eminent Domain Bills. 5 Points from the Authors
Senate Bill 421 (TX | 2019) and House Bill 991 (TX | 2019) authored by Senator Kolkhorst and Representative Burns would, according to the authors:
- penalize companies for intentionally low-balling landowners during negotiation
- put landowners “on an even footing,
- more transparent, fair and accountable eminent domain process.”
- costs won’t climb because eminent domain cases will become less heated, so companies will be able to acquire land more quickly and spend less on legal fees.
- the greatest concern now is around this crisis of pipelines and power lines” in Texas
Statesman | Bills seek more protection for texas landowners in eminent domain cases
Texas Institute for Property Rights. New messaging.
“eminent domain destroys pro-life values—the right to property”
Texas Institute for Property RIghts | Eminent Domain versus Innovation Policy Brief
Lege Trend. From the East. Compensating for Appraisal Costs +More
Virigina Senate passed SB 2403 (VA | 2019) that would allow for an award of just compensation plus costs in eminent domain proceedings.
What is the bill author saying?
- “The pipeline companies should not get preferential treatment under our condemnation laws,”
- “level the playing playing field”
- This helps ” the landowner, the small business, or the farmer if a pipeline comes across their land.”
Virginia Mercury | Bill meant to level the playing field for pipeline takings passes Senate
Legal TREND. A new Kelo? Introduce yourself, Knick…
Knick v. Township of Scott, Penn. argued before the US Supremes this week is eminent domain and tort reform all in one.
The question is- do property owners have to exhaust all state courts for remedies before they being a case in federal court.
If the answer by the Supremes is No, then say adieu to Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City. This is the case you hear about in evry legislative debate about eminent domain.
Why would Williamson County be overruled? Because no other consitutional rights require remedy exhaustion in state courts. + a love property rights is en vogue
Above the Law | This Takings Case Has Nothing To Do With The Wall, But Still
+1 Eminent Domain Reform Bill in Texas.
State Representative Justin Holland will file an eminent domain reform bill.
Blue Ribbon News | Rep. Justin Holland Announces Bill Portfolio for 86th Legislative Session
Bill Ends Annexation of Agricultural Land
Forced annexation of agricultural land would end under House Bill 25 (ID | 2019)
This bill will:
- Prohibit annexation of 5 acres
- Unless the owner gives written permission
- Clarifies that it applies “regardless of whether it is surrounded or bounded on all sides by lands within a city.”
Post Register | New bill would stop ‘forced’ ag land annexations
2019 Texas Legislature Eminent Domain Playing Field. Who is Where & What are all these Associations?
The 2 umbrella assocaitions in the bruhaha:
- Texans for Property Rights “dedicated to protecting property rights”
- Texas Farm Bureau
- Texas Assoc. of Realtors
- Texas Wildlife Association
- Texas & Southwestern Cattle Raisers Assoc.
- TWITTER (October 2016)
- Coalition for Critical Infrastructure ” help maintain Texas’ positive business climate and quality of life by addressing our growing need for roads and highways; oil, natural gas and water pipelines; electric transmission and distribution lines; drainage and flood control; and other important infrastructure projects”
- TX Assoc of Manufacturers
- TX Assoc. of Business
- TX Chemical Council
- TX Royalty Council
- TIPRO
- TXOGA
- Texas Pipeline Assoc. ACEC
- PPRA
- AGC
- Central Harris Co. Regional Water Authority
- TML
- TX Assoc. of COunties
- AECT
- TX Civil Justice League
- TX Railroad Assoc.
- Twitter (January 2019)
KUT | New Push For Eminent Domain Reform Expected At Texas Legislature
Lege TREND. Interim Report. TX Legislature Recommends No EMINENT DOMAIN POWER.
The recommended bill draft language for municipal management districts expressly includes a provision for no eminent domain power for municipal management districts.
See page 41 House Committee on Special Purpose Districts Interim Committee Report
Lege TREND. Quick Takes. Eminent Domain Just Compensation ACT.
Justin Amash (R-MI) filed the Eminent Domain Just Compensation ACT to prevent federal taking of land before final fair market value has been finalized.
So what would this impact?
- potentially the amount of compensation for fair value determinations
- when the land can be taken by the government
- currently the land can be taken before a final determination of compensation
- this bill requires a final determinationof compensation before the government can take possession (and presumably use) of the land.
CATO Institute | New Bill Would Stop Eminent Domain Abuse Along the Border