Legal Trend. Constitutionality of Eminent Domain for Pipelines. Denbury Meets Federal Courts. 3 Bits informed:intel to watch.

In a nod to the Denbury case, land owners across the east coast are suing FERC in federal court over whether pipelines have a public use that justifies eminent domain authority.

What to watch:

  • Will the court set a new test for what qualifies for public use by a pipeline?
  • Will this test be set forth by the court to apply to all private entities that have eminent domain authority?
  • How far reaching will the federal court decision be?

Roanoake Times | Landowners ask federal court to intervene before FERC approves pipeline projects

Courthouse News | Pipeline Challengers Call for Eminent-Domain Overhaul

Private Property Rights. 3 Points informed:intel Billboard Fees.

The Texas Supreme Court this week refused to take an appeal on the City of Austin billboard fee.

Lawyers, courts- their words are like teachers in a Peanuts cartoon. What does this mean?

  • The Court of Appeals opinion declaring Austin’s billboard fees unconstitutional stands.
  • Why is the fee unconstitutional?
    • The city can charge taxes up to 50% of what the state imposes.
    • What kind of billboard fee does the state have? None.
    • 1/2 x 0 = 0. Austin can impose a total fee of 0 under this rational.
  • Is the billboard fee actually a fee or is it a tax? An earlier court decided that the fee was indeed a local tax, and here we are. 

Statesman | Texas Supreme Court declines to revive Austin’s billboard fee

Legal Trend. Inverse Condemnation Suits follow Hurricane Harvey. 4 Kinds of Damages Plaintiffs Seek.

What is this post-Harvey lawsuit about? The Harris County Flood Control District’s and City of Houston’s handling of “controlled release” of water from the county’s Addicks and Barker reservoirs on August 28, 2017

Who are the plaintiffs/class of plaintiffs? Residential property owners and commercial property owners

What’s the taking of land that is involved? The flooding led to a taking of properties by flooding.

What damages does the suit seek?

  • Recovery for the repair costs to such properties
  • Diminution in value of the properties
  • Lost income or business income to the properties’ owners
  • Any consequential loss of the flooding.

PR Newswire | Houston-Based Law Firm Files Class Action for Flooding Victims. Potts Law Firm Files Inverse Condemnation Case for All Persons and Businesses Impacted

Rail Agency Denies Permit. Farmers want Eminent Domain Laws Changed in 2 ways.

Rural interests in Illinois are celebrating the Federal Transportation Safety Board’s denial of the Great Lakes Basin Rail.

Rural interests opposed the new stateline rail and say that eminent domain laws in Illinois should be changed in these 2 manners:

  • It should be more rare for eminent domain to be used against farm land
  • If eminent domain should be used against famr land it should be a higher standard.

State eminent domain laws that treat rural land differently…how many states would say yes to that?

Stateline | Stateliners Glad Great Lakes Basin Railroad Proposal Denied

Local Trend. Blight + Redevelopment in 3 Steps.

Large portions of city of Highland, Illinois  is blighted, which translates to the city will create 3 business districts. 

The economic benefit of the 3 business districts will be:

  • to provide a revenue source for funding for the new Public Safety Building
  • to implement a new 1% sales tax in each of the three areas
  • to bolster business by improving, roads, sidewalks, drainage
 

 

Legal Trend. Court Finds Unconstitutional Asset Forfeiture in the Hoosier State

A federal judge in Indiana ruled that asset forefeiture of vehicles without criminal charges violates the constitution because asset forefeiture laws:

  • failed to provide a timely hearing for the property owner to contest the seizure

Forbes | Contributor: Institute for Justice | Federal Judge Rules Indiana Seizing Cars With Civil Forfeiture Is Unconstitutional

City + Developer = Collusion on Eminent Domain. Court Discovery Leads to What Not To Do File.

Emails, notes, and text messages document collusion between a city and a developer according to attorneys for home owners.

The emails, notes, and text messages reveal that city inspectors were sent in to enforce city code, and in lieu of issuing fines, home owners were given the choice of selling their land to a developer.

The emails, notes and text messages go on to reveal that boarded up homes will drive down prices. The city can use eminent domain to acquire the homes and then the developer can step in and develop the area.

While this sounds like a movie or a good reminder of what not to do, attorneys for the Institute for Justice say they never expected to find the smoking gun.

WHAS11.com | New documents reveal collusion between city and private developer, attorneys say

Trending Private Property Rights Issue. Confederate Flags and Monuments on Private Land in the Deep South.

In Jasper Alabama, the mayor and police chief are checking on available options when a black man asked city council if there is anything they can do.

The solutions: The Mayor is going to talk to the homeowner and the police chief is going to check to see if the federal government can do anything.

Issues that got thrown around in the mix- it looks bad (blight?), citizens don’t like the flag, and what about property enjoyment of neighbors?

This is legislation waiting to be written. Flag burning laws version 2.0.

Daily Mountain Eagle | City officials grapple with Confederate flags on private land

Oklahoma Town Uses Blight Finding to Trigger Economic Development Tools.

A blight study determined portions of “downtown” Muskogee, OKlahoma are blighted. The sstudy was requested by the city as a means to trigger economic development tools for redevelopment.

The local paper supports th fidning of blight in downtown.

Muskogee Phoenix | EDITORIALLY SPEAKING: ‘Blight’ study critical to downtown

Constitutional Showdown. Court to decide whether eminent domain or freedom of religion trumps

A group of nuns in Pennsylvania own land that the Atlantic Sunrise Pipeline would like to occupy.

The nuns have taken the unusual step of suing the federal government claiming that the interstate natural gas pipeline violates their rights under the Religious Freedom Restoration Act.

Its a show down between the 5th Amendment (private property rights home) and the 1st amendment (protection of freedom of religious exercise).

 

Judge Awards Atlantic Sunrise Pipeline Builder Rights to Seize Last 5 Holdout Properties, Including Nun’s Land