Lege Trend: Public Use Moves to Public Necessity for Private Companies.

No eminent domain for private gain has been echoing around the country. What happened this week:

The Legislature raising public use standard: South Carolina

The Problem that sparked the legislation: A controversial pipeline that upset property owners but the company behind it said eminent domain would be used for about 1% of the project.

The Legislation :“A private pipeline company would have to show the line is a public necessity — meaning it’s vital to the welfare of the people of this state and that’s only after considering any environmental harm that the pipeline might cause,” 

The Post & Courrier | S.C. lawmakers consider ways to regulate proposed oil pipeline that would run through the state

No Eminent Domain Use unless Employer Stays| UPDATE to City to Use Eminent Domain to Retain an Employer

On Friday, Ocotber 23, 2015 St. Louis aldermen voted to approve eminent domain to retain a geospatial “spy agency” in St. Louis. 

  • In a vote of 19-5, they voted to use eminent domain against 19 properties
  • The city won’t use eminent domain unless it is chose for the $1.6 Billion development for the “spy agency”

St.Louis Post-Dispatch | Eminent domain gets the OK so St. Louis can try to keep spy agency

What city is trying to retain an employer by using eminent domain?

St. Louis may lose the company that does super secret geo-spatial work for the US Military.

What impact will the acquisition of property have on property owners?

If St. Louis chooses to use eminent domain, it could foreseeably impact a developer & 19 other property owners. 

What is the economic impact of the business to St. Louis?

3,000 jobs & 2.4 million in tax revenue

KPLR 11: St. Louis city may use eminent domain to secure land for National Geo-Spatial Intelligence Agency

St. Louis Public Radio: Eminent domain for city’s NGA site could include McKee

40+ Anti-Eminent Domain Petitions. 4 most popular eminent domain topics.

Move-On.org, home to online petitions, has 44 eminent domain petitions, the overwhelming majority oppose development.

The most popular anti-eminent domain sentiments:

  • No eminent domain for private gain (AKA no eminent domain for private companies)
  • Stop Pipelines
  • Stop Electricity Lines
  • Stop eminent domain for underwatr mortgages 

Private Property Rights | Asset Forfeiture | State Auditor| Dallas County

  • “significant weaknesses in its processes for the expenditure of state asset forfeiture funds”
  • 10% of expenditures did not comply with state requirements for use of asset forfeiture property
  • 18% of asset forefeiture expenditures did not have adequate documents
  • Dallas County District Attorney Office should clarify its budgeting process to reflect permitted uses of asset forefeiture property
  • During the SAO investigation the State Auditor received a “complaint regarding potential fraud relating to revenue deposits at the District Attorney’s Office.”
    • The SAO is investigation.

State Auditor | An Audit Report on the Expenditure of State Asset Forfeiture Funds at the Dallas County District Attorney’s Office

TPPF Applauds San Antonio Postponed Vote on Annexation.

TPPF remains opposed to annexation & supports annexation reform.

TPPF | TPPF Statement on Delaying San Antonio’s Vote on Annexation

Previously on Information Intelligence on September 10, 2015:

4 Reasons TPPF Supports Annexation Reform

Pointing to a new forced annexation of 87 square miles and 52,000 Texans in San Antonio, the Texas Public Policy Foundation proposes passage of annexation reform.

TPPF backed  SB 1639 and HB 2221 from the 2015 Texas Legislature. These were good reforms for these 4 reasons:

  • “growing government spending is not a reasonable justification for trampling on someone’s private property rights”
  • Reform needs to include cities providing “a written contract for services shown in at least two public hearings”
  • Reforms must include a required tapproval by a majority of residents
  • Local governments should not “impose their taxes, debts and big-government structures on an unwilling populace”

TPPF

 

New Hampshire. Pipeline. Eminent Domain Protests.

What’s happening in new Hampshire? The key early voting Presidential state is expereiencing protests against a pipeline.

What’s the Republican govenror saying? The Governor has not taken a position.

What are Republicans saying? Opposed to the taking of private land.

Are there othere issues that contribute to the protests? Yes, environmentalists are concerned about conservation land that the pipeline will traverse.

Union Leader | Pipeline opponents give governor an earful at Executive Council meeting 

 

2 National Eminent Domain Trends Arrive in Texas. Texas Farmers First to the Punch.

Farmers in West Texas aren’t pleased with pipelines that are being built to bring product to and from Mexico. The farmers focus on 2 national trends:

  • No Eminent Domain for Private Gain Mantra Arrives in Texas. “Eminent domain – I always thought was meant to be for the good of the people, for the benefit of the people. In this case, the only thing it’s for is the greed of the company.”

 

  • Big legal trend requiring that the public use or benefit accrue in the state permitting eminent domain. “Nobody here is benefiting from that,” he said. “That gas line is going directly into Mexico, to provide Mexico with natural gas for their power plants.”

AP via Washington Times | Some farmers in West Texas raise concerns about pipeline

West Texas Farmers 3 Concerns About Pipelines

  • Pipeline machinery are a nuisance to tranquil enjoyment and to cotton crops
  • Pipelines threaten lawsuits from the outset
  • Farmers fear retailiation by the pipelines

Farmers talking about a proposed west Texas pipeline that will bring products to Mexico.

AP via Washington Times | Some farmers in West Texas raise concerns about pipeline

Campaign: I am Only for Eminent Domain When it is used to Create Jobs.

In a Fox News Interview with Chris Wallace, Donald Trump clarified his position on eminent domain by saying:

  • “I’m only for eminent domainwhen it is used to create jobs.”
  • “…eminent domain is something you need.”
  • ” I think that would have been a good eminent domain because you would have provided thousands of jobs. And this is a woman who couldn’t have cared less about her house. All she wanted was money.”
  • On Keystone Pipeline he says:
    • “That’s a big economic development. But remember this: all of these people that we’re talking about, they’re friends of mine. They all love the Keystone Pipeline, right?
      The Keystone Pipeline is all eminent domain. They’re building that pipeline without eminent domain, you wouldn’t be able to build.”

Real Clear Politics | Trump: I’m Only For Eminent Domain When It’s Used To Create Jobs

Private Property. Drones & Data Storage. A Legislative Trend.

Drones collect data. Data everywhere. Private data. Public Data.

Legislatures and local governments are focused on …How long that data is stored, under what conditions, and under what disclosure requirements is legislative fodder.

Are these private drones or public drones? Data release and data storage could apply to either. Here are 3 of the legislative questions:

  • Are there penalties for a person’s private drone that collects data of someone’s private property?
  • How long can law enforcement keep drone data?
  • Can they release drone data if the data is superfilous to a criminal investigation?

Georgia is starting to tackle these issues with a focus on how much would it cost for law enforcement to keep or maintain non-investigative drone footage.

WABE Atlanta