2006 Eminent Domain Reform. Halts Blight Revitalization. 3 Key Pieces of Information. Read the 2017 Legislative Fix.

  • In 2006, Georiga passed eminent domain reform by way of House Bill 1313
  • The problems with HB 1313 from 2006
    • eminent domain used on blighted properties causes a block on a city re-selling the property for 20 years
    • cities can no loner acquire multiple parcels for redevelopment purposes
  • The 2017 legislative fix
    • allow for the creation of an “urban development authority”
    • the urban development authority would be allowed to:
      • eradicate blight and spur economic development
      •  provide low-interest loans for home repair; and 
      • providing financial backing for a grocery store in “food deserts

Savannah Morning News |Savannah struggles to sell blighted homes

Peach State Bill Sets Up 2 Step Process for Private Entities & Eminent Domain.

Georgia’s Senate Bill 191  sets up this 2 step process for a pipeline to obtain eminent domain:

  • receive a “certificate of need” from the Georgia Environmental Finance Authority; AND
  • approval by Georgia’s environmental agency 

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

Show Me State. Show Me Property Rights. 3 Points informed: intel

  • demand responsible routing of utilities along property lines, boundary lines or section lines
  • require minimized land damage
  • Limits the amount of PSI exerted on soil

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.

Missouri HB 640 (2017)

Southeast Missourian | Mo. Agricultural bills

2017. It's like 2005. Another Big US Supreme Court Case on Eminent Domain.

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, AND WYOMING  are siding with the property owners.

 

SCOTUSBlog | Murr v. Wisconsin

Reason | Supreme Court Will Examine Whether a Wisconsin Family Needs Government Permission to Sell Their Land

1st Amendment Protections in Eminent Domain. Case Study on Religion Owned Land.

Where: West Virginia

The eminent domain project: A gas pipeline

The religion owned land: Hare Krishna community

The 1st amendment argument: “infringement on its freedom of religion rights and “seeks to take a non-metaphorical bulldozer through the Vrindaban Parties’ property, and in turn, through their most sincerely held holy sites.”

The property to be taken:  50-foot-wide right of way about 3,000 feet long

The Offer: $7,000

Stay Tuned.

Power Source | Gas pipeline raises freedom of religion issue in W.Va.

Private Property Rights: Advocating for Tiny House Laws. 3 Key Pieces of Intel.

State: Oregon

The Advocates want:

  • Crack down on “bootleg” construction. (Do images of lumber jack beards and moonshone pop into your head too?)
  • Protection for non-sited tiny homes
  • Construction Codes 
    • House Bill 2737
    • special construction codes for homes that are smaller than 250 sq.ft.
    • allow narrow ladders or stairways for lofts
    • allow narrow ladders or stairways for lofts
    • exemptions from required electrical service and water supply

The policy issues that cities want to solve with tiny houses:

  • ease tight rental markets
  • address growing problems with homelessness

Salem Statesman Journal | Advocates want Legislature  to pave way for tiny houses

 

4 Bits Intel. West Coast State Bill. Change Attorney Fees Calculation.

State:  California

The current way attorney fees are awarded in eminent domain: Since 1975, attorney fees can be awarded in California for eminent domain if:

  • final offer of compensation was unreasonable
  • the final demand of the property owner was reasonable

Assembly Bill 408 wants to change the standard for attorney fees in eminent domain to: 

  • Attorney fees must be awarded if condemnor’s offer is lower than 90% than the court’s value determination
  • Attorney fees may be awarded if condemnor’s offer is between 90-100% of the court’s value determination

What opponents to AB 408 are saying: this will disincetivize landowners from settling, encourage more litigation and thereby drive up costs for public projects

Nossaman LLP | California to Consider Significant Change to Eminent Domain Law Regarding a Condemnee’s Right to Recover Litigation Expenses

Private Property Rights: Eminent Domain by 1000 Property Fines. 3 Steps to Nouveau Eminent Domain.

Which city is subject to an Institute for Justice lawsuit for fining its way to eminent domain? Charlestown, Indiana

What’s the alleged nouveau eminent domain use? Fining property owners out of their homes for minor infractions, like a torn screen. Its a bludgeoning by the housing code.

What happened after 1000s in fines accrued? The city made offers to land owners that the fines would be waived if the property owner sold their property to a developer for $10,000.

Institute for Justice | Lawsuit Challenges Mayor’s Mission to Bulldoze Low-income Neighborhood for Private Development

State Law Prohibits Eminent Domain for Private Gain. How do Pipes and Lines get built?

The State: Pennsylvania

The eminent domain prohibition: no eminent domain for private enterprise, even if there is a public use

The pipeline project: An interstate liquid natural gas pipeline is subject to federal law that allows for eminent domain even when state law prohibits it

Penn Live | Second Sunoco pipeline possible in Cumberland County, landowner continues fight