2 Keys Why Farmers Oppose Eminent Domain by a Special District for Power Lines

  • blanket opposition to the use of eminent domain
  • opposition to eminent domain that adds a new layer of power lines as opposed to upgrading existing power lines
    • power lines increase farming costs by  $200 an acre per year
    • power lines increase the dangers of crop dusting

Where is this happening? California

What’s the special district using eminent domain? Sacramento Municipal Utility District

Why does this matter? The issue is the same in Texas for any private entity that needs to crosse farm land and considers eminent domain.

What other industries can be impacted by this opposition to eminent domain by a private entity? Transmission lines, pipelines, high speed rail to start…

Sacramento Bee | Farmers oppose SMUD proposal to add new power lines in Colusa and Sutter counties

 

NBA Stadium Held Out as Eminent Domain Failure. 3 Keys for Stadium Builders to Know.

  • No Return on Investment. the stadium is a financial loser. Losing $9 million in its 3rd year.
  • Stadium Community promises Unfulfilled. the promised housing has yet to be developed
  • Eminent Domain Abuse Abounds. Redevelopment is faltering. A sporting goods store that closed in the stadium construction remains a vacant lot.

Who is saying this? Reason

About which NBA Stadium? Brooklyn’s Barclay’s Center

A documentary about the Brooklyn stadium was shortlisted for an Oscar for best documentary.  The Battle for Brooklyn

Reason | Brooklyn’s Barclays Center is an Eminent Domain-Created Failure

Lege Trend: One State Re-Writing Pipeline & Private Property laws. Pre Condemnation Access on the Chopping Block.

Where is this happening? Virginia

What sparked the change to how private property is treated by a pipeline? a controversial 2004 law that allowed precondemantion access to private property by the pipeline. Its led to landowner lawsuits and protests.

What legislative changes are being pushed? Requiring the pipeline to offer advanced notice and get owner consent to enter land

Roanoke Times | Lawmakers seek to scrap law on pipeline, property rights

3 Take Aways from Eminent Domain Experts Opposing Sweeping Constitutional Changes for Eminent Domain. Be Informed.

  • Private Entities are the Target of Eminent Domain Reform. The concerns about eminent domain are generally not about the government snapping up pieces of property, it is private entities snapping up property using eminent domain as a tool
  • Public Use Needs to be Reformed.Re-defining public use does not require sweeping constitutional reform
  • Look to Justice Thomas Dissent in Kelo for answers. Just like Clarence Thomas says, when the Supreme Court analyzes whether a search warrant can get the police into a home, the court doesn’t look at the issue in a vaccuum.  

Washington Post | Volokh Conspiracy | Kelo and the all-or-nothing approach to constitutional property rights

INTERIM Trend: Civil Asset Forfeiture. 3 Lessons from 1 State's Ban on Asset Forfeiture.

What’s civil asset forfeiture? According to supporters of the ban, people do not have to be convicted or even charged to lose their property when suspected of a civil offense

What state has experience with restricting civil asset forefeiture? New Mexico

What can we learn from New Mexico?

  • Apply reforms to civil, criminal, and municipal offenses
  • Whether police can finance departments through asset forefeiture
  • Wether the government has to bear the burden of proof for civil asset forfeiture

Institute for Justice | After New Mexico Abolished Civil Forfeiture, Cops Continue to Seize Cars without Charging Owners with a Crime

58% oppose Giving Land from Feds to States. 4 Points to Inform BLM versus Texas.

58% of people in the West, home to people like the Bundy Family, and independent minds, oppose giving control over land to States.

The details:

  • It’s the 6th year of the Conservation in the West poll, sponsored by Colorado College

  • 60% oppose selling “significant holdings” of public lands, such as national forests, to reduce the budget deficit.

  • Only Utahians supported giving states control. 47% to 41% support state control over federal land.

  • In Nevada, the epicenter of Bundy family ranches,  52%oppose state control over federal land. 39% support it.

 

Governing | Numbers in News 

Los Angeles Times | Poll Shoes Majority in West Oppose Giving States Control over Federal Lands

Activist Trend: Organizing for Property Rights Gets Boost in Southern State.

Institute for Justice, the group that represented Kelo, is helping North Carolina landowners organize.

What concerns North Caolina Landowners? A small town was looking to redevelop.

Institute for Justice 

Previously on informedintel: Town of 10,000 Tries Redevelopment. Includes Eminent Domain. Lawsuit on Horizon. (November 19, 2015)

A small town redevelopment effort to revitalize vacant industrial property surprised city council members when it was revealed that the Institute for Justice is interested in the issue. 

The Institute for Justice represents land owners who are facing condemnation or forefeiture of their property. 

The Mount Airy News | Eminent domain issue sparks legal threat

Lege Trend: If no Public Benefit to State from Pipeline, Levy a fee to compensate landowners.

Remember the idea of providing royalties to landowners from pipelines or toll roads? New hampshire has a new spin on this concept.

If a pipeline traverses and the product is sold elsewhere, then levey a 12.5% fee on the sale. Where does the 12.5% go? The fee is to be additional compensation for landowners who had property seized for right-of-way for pipeline construction.

Why does this matter in Texas? Bonjour Pecos Pipeline that is moving product from Texas to Mexico. There is a group of unhappy landowners and conservation types that are organized and vocal. This is right up there ally.

Ledge Transcript | Bills aim to thwart pipeline

Lege Trend. Redevelopment Costs 300 times.

Where’s this trend emerging? The Granite State. Home to hopeful Presidential foot traffic. 

Why the penalty for developers? To counter land being taken for economic development, a legisltive propsal in new Hampshire requires  developers to compensate landowners at a rate of 300% of the value of the taken land

Ledger Transcript | Bills Aim at Eminent Domain