Welcome to the Future!
State Rep. Ernest Bailes says the Texas House needs to revisit these eminent domain issues:
The Huntsville Item | State representative staying busy with county fair, interim charges
“State Rep. Larry Phillips, state Sen. Craig Estes and Texas Association of Business CEO Jeff Moseley spoke on issues ranging from property tax reform to imminent (sic) domain concerns.”
“Graham said there is a growing group who claim conservative beliefs but take an anti-business stance. As an example of this Moseley said there were 25 bills against eminent domain use in this latest session. Moseley said eminent domain can be used to help secure infrastructure and public improvements.
Moseley went on to say that many of these representatives do not hold traditional Republican values and instead are closer to libertarian in ideology. These representatives have expressed views against private-public partnerships and other governmental acts.”
Hutchins Herald Democrat | Area lawmakers give update at legislative luncheon
State Legislature: Pennsylvania
The eminent domain limitation bill: No eminent domain when a landlocked property is created with no access from a public road
The key bill text: ” a condemnor may not render the remaining parcel inaccessible to the condemnee by creating a landlocked property with no ingress or egress to or from a public road or highway”
Wisconsin added provisions to the state budget that:
In Tennessee, the Jefferson County Economic Development Oversight Committee, a group of elected officials, recommended spending tens of millions of dollars in taxpayer money to begin development on an industrial megasite.
Word spread that the Jefferson County Economic Development Oversight Committee was talking about using eminent domain to acquire land for the industrial megasite.
Open Records requests followed. A Tennessee appeals court ruled this week that open records laws applied because the Jefferson County Economic Development Oversight Committee:
Cautionary Tale: Talk of eminent domain led to other legal issues.
Citizen Tribune | Appeals Court: Jefferson group subject to open record laws
An attorney colum in the Huntsville Item raises these concerns about the notice procedures for eminent domain in Texas:
The column points to condeming entities bewing pipelines, transmission lines or local governments.
A federal judge in Indiana has ruled that seizing cars with civil forfeiture is an unconstitutional violation of due process and the 5th and 14th amendments to the U.S. Constitution.
The court stressed the hardship of losing one’s car for months without a conviction.
Southern District of Indiana No. 1:16-cv-02980-JMS-DML
Court: Illinois Supreme Court
The Ruling: to be able to receive the power of eminent domain in Illinois, a utility must own real property, and the transmission line companies at issue do not own real property in Illinois.
Is there a way for the project to move forward: Yes, if the comapnies move forward as private companies without the power of eminent domain
KWQC | IL Supreme Court rules against Rock Island Clean Line
San Diego, California City Council is considering a new short term rental ordinance that will:
San Diego Union Tribune | Airbnb debate heats up with new proposal permitting short-term rentals
If a tree overhangs into your neighbor’s property and causes damage, are you liable?
More trees and property rights issues to ponder.