Quick Take Property. Special District Abuse. 3 Lessons from a Plains State.

North Dakota in 2015 passed a bill prohibiting quick take of property for eminent domain. it was vetoed. An interim study was convened. Where are they now?

  • North Dakota has been experiencing abuse of quick take eminent domain by special districts building flood control projects and drainage projects
  • Recent court cases have said that water districts aren’t following proper eminent domain process
  • The Committee is set to recommend 3 solutions.

Bismark Tribune | The battle between private property and public benefit

How 1 Legislature Addressed. Redevelopment. Blight. Eminent Domain. Read the Legislation.

The State: Utah

The Legislation:  Senate Bill 151 from 2016 General Session

What Senate Bill 151 requires in a development and tax incentive deal:

  • If a taxing entity involved in an incentive deal wants to make a finding of blight, it must:
  • Form a committee with the other taxing entities
  • All the taxing entities must agree to verify the blight finding & agree to eminent domain.

Salt Lake Tribune | Op-ed: Data center is a sound investment in Utah’s future

Was Peach State's Eminent Domain Ban Authored by a Supporter of Pipelines?

Yes, it was. State Representative Hitchens in a pipeline supporter & author of the 1 year ban on eminent domain.

Why? What pushed him over the edge? A private property rights supporter, a veteran, a retired law enforcement officer, a wildife supporter, and it had been 23 years since Georgia grnated private companies the power of eminent domain.

The 23 year time span since authorization was the tipping point? Partly, Yes. Technologies have changed on pipeline safety. 

What landowner stories impacted the legislator? A land owner whose family had owned the same land since its original grant in 1753 from the King of England.

Does this Republican have an opinion on taking private property for a private enterprise, like a pipeline? Yes, he is against it, but he understands the need for government use of eminent domain. 

Southeast Energy News | Q&A: Eminent domain and the Georgia pipeline debate

 

Take a Peak. Finalized Pipeline Commission. Rules on Eminent Domain.

Background: Georgia legislatively haled eminent domain by private companies while it assessed how pervasive private eminent domain use is.
 

The official name of the commission:  Joint State Commission on Petroleum Pipelines

What types of individuals were appointed by the Georgia Governor to the Eminent Domain Commission?

  • Savannah-based local petroleum provider 
  • An environmental nonprofit executive
  • President of Stuckey Timberland, Inc.
  • Mayor of Odum
  • President of Nipper Construction Company, Inc.
  • vice president of the land department for Georgia Power
  • 3 State Representatives
  • 3 State Senators
  • State Environmental Protection division director
  • State commissioner of Community Affairs

Savannah Now | Gov. Deal finalizes pipeline study commission

 

Campaign to Fight City Blight Designations. New Private Property Rights Model.

Where is this happening: Ogden, UT

What is the new private property rights group:  Ogden Alliance Against Eminent Domain Abuse working with the Institute of Justice

The city action that sparked the group’s formation: The city seeks to declare a 9 block residential area as blighted

Institute for Justice | Ogden Residents Unite to Fight City’s Bogus Blight Designation

Eminent Domain Delays Cost Time and Money. Case Study Rail.

California is building a state funded high speed rail system.

Is the project behind schedule? Yes. The 1st segment moved its completion date from March 31, 2018, to August 2019. 

What is causing the delay? Acquiring land which means Eminent Domain Delays.

How many land parcels are required for the Valley portion of the high speed rail first leg?1,590 parcels of property. 841 parcels were secured as of last week.

For 1 segment, the Fresno-Madera segment, what are the current cost overrages? $50 million

Fresno Bee | Time is money – $50 million – for high-speed rail delays in Fresno area