Lege Trend: Require Private Entities to Buy All Property. No Easements.

Where is this trend emerging? New Hampshire. The Granite State. Home to Presidential hopeful foot traffic.

What is this anti-easement idea all about? If a pipeline seeks an easement, the land owner can  require that the entire piece of land be purchased. 

What’s the rational behind this ideaof requiring all the land be bought and not just a right of way? Landowners believe that pipelines negatively impact the value of their property. If the landowners no longer want to live on the property because of the pipeline, then this bill gives landowners the ability to relocate.

Is there a pro-pipeline argument here? yes, nothing prevents a pipeline from selling to a developer & recouping its costs.

Ledger Transcript | Bills aim to thwart pipeline

Comptroller Touts Eminent Domain Database. 5 Points to Know Now. Fine Likely to Increase.

  • Comptroller sympathizes with land owners
    • ​“With 94 percent of Texas lands held privately, our citizens naturally feel a deep connection with the land they own. I’m one of them, farming land that’s been in my family since the mid-19th century.”
  • Minimal use of eminent domain passes muster with the Comptroller.
  • Most flagrant eminent domain abuse. The Bureau of Land Management’s seizure of farm lands on the border with Oklahoma. 
  • Transparency key to eminent domain.
  • The $2,000 fine for not registering eminent domain power is too low. 
    • “The database is a good start, but it’s only a start. Right now, the law only calls for up to a $2,000 civil penalty against entities that don’t provide us with their information — which is not likely to intimidate entities willing to abuse their power.

      If you’re interested in this issue, I urge you to contact your state and local leaders and let them know where you stand. Our right to own and use private property as we see fit is the most basic freedom our nation provides — and it’s up to us to make sure we keep it.”

San Antonio Express News | Comptroller Hegar | State database will identify eminent domain authorities

2015 Media Top 10: Eminent Domain in the Palmetto State

Eminent domain tops the headlines for 2015 in South Carolina.

What’s the eminent domain issue in South Carolina? A pipeline that caused private proeprty right activist snd environmental activists to join forces.

What’s the legislative and regulatory impact? The issue with the pipeline is whether a public benefit occurs in South Carolina. The pipeline has hit hiccups with the regulatory agency and the legislature. 

The Augusta Chronicler | Top 10: Palmetto Pipeline creates stir in 2015

Eminent domain, heroin top capital city stories for 2015

The Barre Montpelier Times Argus headline that needs to introduction for putting eminent domain and heroin in the same sentence: Eminent domain, heroin top capital city stories for 2015.

But, seriously, what’s the eminent domain issue?  A bike path that displaced a business and caused all residents at a public meeting to speak against the use of eminent domain.

Lege Trend: Eastern State Seeks to Up Relocation Costs for Farmers, Businesses, Residential & Renters.

What state, that’s NOT California, is looking to increase relocation costs? Pennsylvania

What are the current relocation cost rates in PA?  

  • For businesses the cap is $12, 000.
  • For private home owners the damage cap for relocation costs is $27,000.
  • For tenants, the damage cap is $6,300

What damage cap rates for relocation costs in PA considering?

  • $25,000 for businesses
  • $31,000 for residential owners
  • $7,200 for tenants

Fox Rothschild | PA considering Increasing Condemnee Relocation Amounts

Protestors Stop an Eminent Domain Public Meeting for a Pipeline

Where is this happening? Vermont

Why does this matter in Texas? Because 2015 saw emient domain protestors stop public meetings for transportation projects in Texas

Who is the opposition to eminent domain in VT? 98% of a VT Gas project has agreed-to sales for land, but 3 landowners have not come to an agreement with VT Gas.

What does the opposition want from the pipelines? Landowners and their supporters are calling on a shorter pipeline project & are concerned baout pipeline safety

VT Digger | PROTESTERS DELAY EMINENT DOMAIN HEARINGS FOR VERMONT GAS PIPELINE

 

Trend: Right and Left Talking Same Eminent DomainReforms in Iowa Elections. 3 Targets.

The usual suspects- Ted Cruz, Rand Paul, Rubio talk eminent domain reform on the campaign trail. Now Bernie Sanders has joined the fray by saying :

“Iowans shouldn’t have their land forcibly taken through eminent domain for use in the proposed Bakken oil pipeline.”

“”The idea of using the power of eminent domain to increase private profits does not make a lot of sense to me,” he said.”

Sounds just like the right’s – no private gain from eminent domain- mantra.

Des Moines Register | Sanders talks guns and oil in southeast Iowa

 

Trend: Eminent Domain Reform. Private Entities Using Eminent Domain in Crosshairs.

South Carolina’s 2016 legislative session and eminent domain reform is on the list.

What group is targeting eminent domain by private entities? The Republican Caucus for the South Carolina House.

What reforms do South Carolina Republicans want?

  • tighten public use so that land “will never be diverted to private control”

Bluffton Today | What to expect in the next session

How a $244K property payment by a Sewer District became a $12M property owner award + $4M in attorney fees.

What’s this eminent domain case about? New York’s Rockland County Sewer District No. 1 needs to build a new wastewater treatment facility & sought to acquire 21 acres.

What did the court decide? The property is worth $8,100,000 plus $4,762,187 interest, a total of $12,877,061. PLUS, the court awarded $$3,375,000  in legal and appraisal fees.

What did the sewer district estimate the cost of the project to be?  $72 Million. After this court case, the project estiamte is $181 Million. 
 

LoHud Journal News | Ramapo sewer project cost jumps $12.7M

Digital Journal | $3,375,000 Recovered for Attorneys Fee in Condemnation Case