Informed Intel. TPPF. 7 Property Rights Recommendations. 2017.

TPPF’s “Legislators Guide to the Issues 2017-2018” offers these property rights recommendations:

  • Shift the burden of proof to the condemning entity thereby away from the property owner
  • Reduce deference to government decisions in property rights matters
  • Restore constitutional right to own and use property
  • Texas Real Proeprty Presenrvation Act should be applied to municipalities
  • Eliminate a threshold taking amount in the Texas Real Proeprty Presenrvation Act
  • Condemining entities should be able to issue waivers that run with the land in lieu of compensation
  • Roll back land use restrictions

 

Eminent Domain + Abandoned Properties = Resell for Local Government Revenue

Where is this happening? Atlantic City, NJ

What is Atlantic City doing with abandoned property? taking over abandonded property using eminent domain

Is the city keeping the property it takes by eminent domain or reselling it? Reselling it to developers

How does this fit with blight laws? It is “spot blight eminent domain” thereby instead of taking multiple parcels of land, it is specific abandonded parcels of land

Press of Atlantic City | Atlantic City to hold meeting on abandoned properties

Editorial Proposes No Eminent Domain for Exported Goods

In a laundry list of pipeline reforms, a newspaper recommends prohibiting eminent domain when the public good is in whole or part exported. 

The targets: Private companies with eminent domain authority like transmission lines & pipelines

The Recorder | Greenfield Massachustees | Lets Fix Pipeline Review Steps

NFIB makes 3 points on compensating business losses

  • It doesn’t matter if the condemning entity only wanted the land and not the business
  • A legal obligation exists to pay “full and perfect equivalent” of what is taken
  • This legal obligation includes when a business is taken

What legal case is involved? South LaFourche Levee District v. Chad M. Jarreau

Tell me what happened? 

  • A Levee District found land to be susceptible to storm surges and flooding
  • The district imposed easement restrictions 
  • The easement restrictions prohibit the existing evacuation business from operating

NFIB | Landowners Should Be Compensated for Loss of Business in Eminent Domain Cases

U.S. Supreme Court to take up Eminent Domain Compensation this Term.

The case: Murr v. Wisconsin

The Compensation issue: Can compensation under eminent domain be impacted by a regulation. In the case, a regulation leads to the devaluation of contiguous property because it is owned by the same land owner.

9 States have taken the side of the property owner:  Nevada, Alaska, Arizona, Arkansas, Kansas, Oklahoma, South Carolina, West Virginia, and Wyoming

9 Other states have taken the side of Wisconsin: California, Hawaii, Illinois, Massachusettes, Maine, Minnesota, Oregon, Vermont, Washington

Pacific Legal Foundation | Murr v. Wisconsin 

Washington Post | Volokh Conspiracy | Thoughts on the California amicus brief in Murr v. Wisconsin – an important takings case currently before the Supreme Court

Rural Land Use. Solar Farms. 4 Legal and Legislative issues.

  • Solar Leases vs. Mineral Rights. A lease could put a landwoner in conflict with mineral rights
  • Agricultural Tax Exemption Goes Bye Bye.  Solar farms do not qualify.
  • No Agriculture. Solar panels don’t allow for the same agricultural use of land that oil and gas and wind turbines allow.
  • No settled solar law. Oil and gas has 90 years of law and case law to settle disputes. Soalr is a new issue.

Texas Observer | A New Solar Rush Creates Legal Minefield for Landowners

The Federalists Are Coming after Pipeline Eminent Domain. Some say yes Constitutional. Some say, Not Constitutional.

  • Highlights the eminent domain prohibitions that passed in Georgia and South Carolina
  • Focuses on the unusual alliance of property rights advocates & environmentalists
  • Ilya Somin stresses that some pipeline use of eminent domain does meet constitutional muster.

Washington Post | Volokh Conspiracy | Federalist Society teleforum on pipeline takings

TREND. No eminent domain for private gain. State Supreme Court Strikes Eminent Domain for Private Companies

Which state: Pennsylvania

What did the PA Supreme Court say about eminent domain? That private companies that have eminent domain power that is excercised to support their private business is an unconstitutional of taking private land for a private purpose.

What were the specifics on the companies involved with eminent domain? Natural gas companies that stored natural gas on private land. 

Washington County Observer Reporter | Portions of Act 13 gas drilling law struck down as unconstitutional

What you Need to Know. Eminent Domain Battlegrounds. The post-Kelo reformer coalition.

Which states are eminent domain battlegrounds? Georgia & South Carolina

Which issues are resonating?  prohibition on eminent domain exercised by or in support of private companies

Are there new, post-Kelo coalitions? Yes, property rights advocates + environmentalists

The primary eminent domain target? Pipelines

The answer for pipelines? Condemning in federal court, under federal laws that do not provide as great protection for landowners and may preempt state law

National Law Review | Georgia And South Carolina Are The Newest Battle Grounds For States’ Eminent Domain Authority