Welcome to the Future!
Memphis had been pushing forward with eminent domain for a project $37.8 million Raleigh Springs Mall redevelopment plan.
But, there’s a hitch. A council member who voted against funding the redevelopment plan with eminent domain was elected mayor.
The Commercial Appeal | Political shift could impact city’s Raleigh mall plan
The Blaze | Donald Trump Defends Eminent Domain — Here’s Why He Claims the Power Is ‘Needed’
What isssue was the Ohio Court reviewing? In Ohio, like many states, once an eminent domain petition is filed by the condeming entity, that entity gets the property. It’s called a “quick take.”
Did condeming entities win or landowners? land owners
What did the court say? Cities can’t quick take property for things that aren’t roads. So, no quick take for sidewalks.
What’s interesgting about the OH eminent domain laws? Ohio limits quick take eminent domain to “making or reparing roads.” The court said if it meant road related purposes, those purposes would have been enumerated.
Does this mean no eminent domain for non-roads in Ohio? Definitely not. It means no quick take of property for purposes other than roads, and that for all other purposes, eminent domain can occur, but immediate possession cannot.
Is this issue percolating in Texas? Yes, landowners involved in the Pecos Pipeline have sued concerning pre-condemantion access. Other state courts have also reigned in pre-condemnation access in the last 2 years.
The Texas Wildlife Association via the Hill Country Alliance raises the issue of private companies and eminent domain.
3 Points are stressed:
Hill Country Alliance : Eminent Domain – Changing the Landscape
Lands of Texas Magazine : Eminent Domain – Changing the Landscape
After a 3 month legal battle, the Houston church, represented by the Liberty Institute, announced that the Houston Housing Authority will not seek eminent domain action against the church’s land.
This leaves unanswered in Texas, which constitutional right trumps- freedom of religion or freedom from of having one’s property taken by the government. As loyal subscribers know, courts in other states have said religion trumps and have denied eminent domain.
Breitbart: BREAKING: HOUSTON ABANDONS EMINENT DOMAIN AGAINST BLACK CHURCH
A unanimous jury in Tarrant County found Texas owed Speedway Grapevine I LLC more than 16 times what it was compensated in an eminent domain proceeding.
Speedway Grapewine I LLC won a $4.5 Million judgment in an eminent domain suit.
Home sharing. Homeaway. AirBnB helps the local economy. According to an economic study by AirBnB, direct guest spending from guests accounts for $124 million in the last year.
Austin ordinance was approved by committee in September 2015. The proposal requires full city council vetting.
Austin Business Journal | Airbnb fights back over Austin’s short-term rental rules
Why the draw to land rights? Recently a land rights group won the Hilton Humanitarian Prize of $2 million in unrestricted funding, which set the trend in motion
Why land rights?
Inside Philanthropy | Land Rights in Poor Countries Is a Hot Cause for More Funders. Here’s Why
Yes, CATO estimates more than 1,000,000 homes have been taken since 2005 Kelo.
How did they get to 1,000,000+ homes if there is no national data base? CATO used the Census Bureau’s American Housing Survey.
CATO says the homes taken fall heavily on minority home owners.
What bill wants to limit eminent domain power in power line cases? Congressmen Boozman & Womack each filed the Assuring Private Property Rights Over Vast Access to Land, or APPROVAL, Act, which would rewrite Section 1222 of the 2005 Energy Policy Act
What is it they want to limit? Federal government eminent domain authority in power line construction.
Why do they want to limit federal eminent domain power? They want to shift leverage to the states in interstate power line construction.
Why is this imporant to 2 guys from Arkansas? There is a regional power line that Arkansas and Missouri have sought to block at the state level because neither state would receive power from the lines. The lines would simply traverse AR and MO. The feds may usurp the state’s power to block the line.
Why is this important to Texas? Mexico de-regulation will lead to power lines built in Texas that bring power to Mexico, and that raises the question whether there is a public use in Texas exactly like the Congressmen from Arkansas are addressing.
Southwest Times Record | Boozman, Womack Speak In Support Of Bill To Limit Eminent Domain