Are ride share regulations a taking of cab property?

3 ride share drivers have partnered with the Institute for Justice to challenge Chicago’s “cab cartels.”

What did the cabs allege against the city ride share ordinance? That the ordinance amounted to a taking of their property which could have put the city on the hook for millions.

This week the federal judge ruled in favor of the ride share drivers by  throwing the cab claims that Chicago’s ride share ordinance amounted to a taking of the private proeprty against the city’s cab companies.

Institute for Justice | Chicago Ride Sharing

Pre-condemnation Surveying Challenged as Unconstitutional in Federal Court

Who is involved in this challenge to pre-condemnation access to land?  Atlantic Coast Pipeline and a group of landowners

What pre-condemnation is being challenged? A federal court looked at a state law that allowed a condemning entity, in this case a pipeline, to enter land it would otherwise condemn for the purpose of surveying the land.

What arguments did landowners make against pre-condemnation access? “state law violated the U.S. Constitution by taking their property, seizing their property rights and failing to give due legal process.”

Who won? Pipelines. The judge said that pre-condmenation access to survey was consistent with common law and had been in long practice in Virginia. 

Richmond Times Dispatch | Federal judge upholds state law allowing surveys of private property for gas pipeline

Stadium Building Led to Eminent Domain Lawsuit filed by City. City Issues Economic Development Press Release.

Washington DC is building a new MLS stadium. MLS is futbol –the world’s football. It’s played with a round ball, not a pointed oblong shaped object.

To build the MLS stadium, it needed to aquire land. Acquiring land isn’t always easy, and at times requires eminent domain.

To move forward with eminent domain, the city filed suit against land owners. The city then issued a press release that said the stadium will:

  • transform a neighborhood
  • generate hundreds of new jobs

DC.gov |  District Files Eminent Domain at Buzzard Point in Preparation for New DC United Stadium

AP |  District of Columbia seeks eminent domain at stadium site

MLSSoccer.com | District of Columbia files for eminent domain to clear way for DC United stadium at Buzzard Point

Trend: Fight Blight with Data Sharing

Who is fighting blight with data sharing? New York cities of Amsterdam, Gloversville, Schenectady and Troy and the University of Albany’s Center for Technology in Government

What data are these cities sharing? code enforcement–related data and develop best practices for tackling the problem

Why are they sharing data? Blight costs the cities.  Direct blight costs include:

  • code enforcement
  • administration
  • engineering
  • property maintenance

Indirect blight fighting costs for cities are:

  • uncollected taxes
  • devaluation of adjacent properties
  • impact on city services such as police and fire calls.

This new pilot project in a regional view is “groundbreaking.”

State Tech Magazine | Blight Busters

 

Land Dispute Forces City into Bankruptcy

A $15 Million legal bill forced a Kentucky city to file for bankruptcy.

How did this happen? A suburb of Louisville had a land dispute with a trucking school that spent years in court.

What was the legal dispute? Land use. The trucking school had been leasing land from the city with an option to buy. The city never allowed the school to buy the land. The trucking school had business losses as a result and the court agreed, ruling in favor of the trucking school.

What judgment was levied against the city?  $15 million, including interest it grew by  $3,759.54 a day.

Wallstreet Journal | How a $15 Million Legal Bill Put a Kentucky Town in Bankruptcy

3 Questions Answered Why Keystone XL Drops Eminent Domain Lawsuit.

Landowners have used the legal process to stop Keystone XL & got a win this week. 

How did landowners win? An Eminent Domain action against various landwoners has been dropped by the pipeline.

Why drop a lawsuit against landowners? Don’t they need to build their pipeline?

 Case law under the current eminent process favored landowners through the Nebraska Supreme Court.

Do the pipelines have an alternative course of action? Yes. The Pipeline will try another regulatory route through the Nebraska Public Service Commission to avoid the local land disputes.

KNLV 1060 | TransCanada Drops Keystone XL Eminent Domain Lawsuits in Nebraska

Longview News Journal | Keystone developer drops landowner lawsuits  & US News 7 World Report

WN.com | Keystone XL pipeline developer reverses course in Nebraska, drops eminent domain claims​

UPI.com | TransCanada tries new legal route for Keystone XL

 

2 Denials of Eminent Domain for Transmission Line Remains After Appeal Process

What project wanted eminent domain authority? A transmission line for the Grain Belt Express which was set to run through Kansas, Missouri, Illinois & Indiana.

How was eminent domain authority denied? 

  • The Missouri Public Service Commission denied eminent domain authority because the transmission lines would not benefit Missourians. The lines would only transverse Missouri without providing power. 
  • The Arkansas Public Service Commission also denied eminent domain authority as there was no benefit to Arkansans. 

Has the transmission line secured eminent domain authority in other states? Not yet. Currently issue is in dispute in Illinois. 

Who is opposed? Usual suspects: legal groups, Illinois Farm Bureau, and individual landowners.

My Caldwell County News: Missouri Commission Rejection Stands

City to Use Eminent Domain to Retain an Employer

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

Update: Club for Growth hits Trump on Eminent Domain. Trump Threatens Lawsuit.

Same 3 points made as eminent domain attacks on Trump continue this week with:

Previously on Information Intelligence, 3 Attacks Points fromt eh Club for Growth:

  1. $1 Million spent on 3 ads in Iowa
  2. ““Trump supports eminent domain abuse  …  Trump, the worst kind of politician,”
  3. Trump attacks back.
    1. Yes, he supports more taxes on top earners
    2. This attack is because Trump wouldn’t give Club for Growth $1million donation in June

Christian Science Monitor: Conservative Club for Growth slams Trump: Empire Striking Back?

CBS News: Conservative Club for Growth launches $1 million anti-Donald Trump campaign

Washington Times: Donald Trump is economic liberal, Club For Growth warns

Lege Trend: 3 Steps to New Way to Fight Blight. Cities Attacked 3 Ways for Private Property Rights.

The Golden State this week created new, limited redevelopment agencies to fight blight.

What limited powers do the blight fighting redevelopment agencies have?

  • limit the applicable projects to affordable housing, hazardous waste cleanup and other projects in disadvantaged communities
  • Only permit less tax money to be used
  • Limit the use only in economically distressed areas

What does opposition say?

  • The new, limited redevelopment system is a land grab by local governments
  • Oppose allowing the use of eminent domain
  •  punish property owners for “things they are powerless to change: unemployment, crime and poor infrastructure.” -Institute for Justice [The Kelo liitigators]

Isn’t this version 2.0 of these? Yes, a previous redevelopment agency system was repealed in 2011 due to:

  • waste & corrpution
  • the diverted tax money removed money from public education & social service programs
     

Governing   Los Angeles Times: Gov. Brown approves new plan to target blight in California

OC Register Editorial:Redevelopment agencies return, in new guise, to California

Reason: Redevelopment Authorities (and Their Eminent Domain Abuses) Resurrected in California