Anatomy of a pro-eminent domain campaign. Inside the Mind of a Pipeline Campaign in the East. 3 Messaging Takeaways.

The pipeline location:  Virginia

The pipeline campaign background on messaging tactics on eminent domain:

  • eminent domain is “the fight to come”
  • politicians have  “no electoral reward for political courage.”
  • must work harder after the election of President Trump as the opposition is more aggressive

What was the pipeline response when the campaign materials were inadvertently placed on its website:

  •  it is how it must conduct business at a time when everything is politicized
  • The “historically non-political processes [are] now political,”

What tactics should pipelines employ to combat eminent domain opponents:

  • use social media. Engineers and lawyers are good, but hire a “hipster” to help your social media
  • use industry grassroots. To grow supporter numbers reach for industry grass roots supporters
  • be vigilent. “The opponents are not kind of pulling up their stakes.”

The Virginian Pilot | Virginia’s most powerful company runs “campaign to elect a pipeline”

 

 

Lege Trend. Appraisals. Access to Appraise + Eminent Domain. Lessons from the Land of Cheeseheads

Wisconsin Governor Scott Walker signed Assembly Bill 480 that does the following:

  • bars assessors from increasing the assessment of a property solely because the owner refused to let them inside
  • gives owners who did not let assessors into their properties the ability to challenge their assessments

Wisconsin Assembly Bill 480  (2017)

Milwaukee Journal Sentinel | Wisconsin Gov. Scott Walker signs bill to expand property rights

Lege Trend. No Eminent Domain for Private Gain in a Lake Effect Snow State. Airports, Trains, Hospitals, oh my!

Illinois House Bill 4150  accomplishes two goals:

  • limits the use of eminent domain to only public uses
  • explicitly removes railroads from public use

 

If a private entity is involved in the project the following 6 steps must occur:

  •  the condemning authority must prove by a preponderance of 
    the evidence     that:

    • (i) the acquisition of the property is necessary for a public purpose;
    • (ii) the acquired property will be owned by the condemning authority or another governmental entity; and
    • (iii) the acquired property will be controlled by a private party that operates a business or facility related to the condemning authority’s operation of a:
      • university
      •  medical district or hospital
      • exposition or convention center
      • mass transportation facility, or airport, including
      • but not limited to:
        •  a medical clinic
        •  research and development center
        • food or commercial concession facility
        • social service facility, maintenance or storage facility, cargo facility,
          rental car facility, bus facility, taxi facility, flight kitchen, fixed based operation, parking facility, refueling facility, water supply facility, and railroad tracks and
          stations.​

          The Vedette | Rep. Parkhurst Files Legislation to Strengthen Private Property Rights

Legal Trend. What you need to know about Texas Cities Suing Over Right of Way Fee Caps

Why are cities suing?  The cap on the amount cities may collect per network node violates the state constitution & is only a fraction of what cities have been getting from private companies

Does a right of way, like a network node right of way,  have to be compensated? Yes. 

What do supporters of the law say?  “helps consumers and small businesses by improving the quality of the networks where they live, work and play.”

What do non-city opponents of the law say? The cap cuts out private property owners that might otherwise should be compensated.

What 2019 legislative issue does this invoke? Removal of the cap

Huntsville Item | Cities sue over cellular right-of-way fee caps 

PA Bill to Fund Blight Clean Up. 1 New Fee. 3 Reporting Requirements for Local Government.

PA Act 152 (2016) allows local governmental entities to implement a fee on the recording of deeds and mortgages in certain counties. 

The fee will be dedicated to the local governmental entity’s county demolition funds.

The fee cap: $15

Requirements on local governmental entities that create a demolition fund:

  • Annual report to the Department of Community and Economic Development detailing:
    • ​how the revenue will be spent
    • how many properties will likely be demolished
    • any other information that would be relevant to the demolition program

York Dispatch | County considering $15 deed recording fee to fund demolition of blighted properties

Transmission Company Denied Eminent Domain. How did it build its lines?

Background: In New Hampshire the Legislature specifically denied eminent domain authority to the Northern Pass transmission line.

The Northern Pass Line was built by: obtaining lease with a sister company operating an existing transmission corridor that slices north-to-south throughNew Hampshire

InDepth New Hampshire | A Northern Pass Ratepayer Victory

Lege Trend. Requiring Cities to Include Private Property Rights in Their Development Plans. Read the Bill.

First comes statewide tree ordinances and then come broad private property rights requirements in local governmental entity development plans.

Florida’s HB 207 (2017) would require:

  • require the protection of private property rights in local government comprehensive development plans
  • require a 4 point analysis for local government action:
    •  “Consideration of the impact to private property rights of all proposed development orders, plan amendments, ordinances, and other proposed government decisions.
    • Encouragement of economic development.
    • Use of alternative and innovative solutions to provide equal or better protection than the comprehensive plan.
    • Consideration of the degree of harm created by noncompliance with provisions of the comprehensive plan.” 
  • require approval of the local plans by the state land planning agency

 The Ledger | New state regulations would affect local development