Lege Trend: State control over the Federal Land Management

11 states are bandying about 36 pieces of legislation to gain state control over federal land management. 

Supporters say the state should control land within its boundaries. Opponents, like the Center for Western Priorities issue reports entitled,  “Going to Extremes: The Anti-Government Extremism Behind the Growing Movement to Seize America’s Public Lands.” 

Polls say 52% support federal control over the public lands. But in these large western states, like Nevada where 85% of the land is under control of the federal government, the polls are discarded.

The most active states to gain state control over public lands: Nevada, Utah & Montana.

Governing

Another Judge Stops Pre-Condemnation Access

Add West Virginia to the list of states where judges are blocking access for pre-condemnation access to land without land owner permission.

Its generally legal that condemning entities can enter land that they will condemn to survey the land. But, that general ability is being called into question by the courts.

In 2014, California trial judge put the breaks on pre-condemnation access. This week, a West Virginia judge is blocking surveyors for the Mountain Valley Pipeline project from entering land without permission. 

The Register-Herald

Houston Churches Battling Eminent Domain

Two 5th ward churches are in a brewing eminent domain battle over property that the Houston Housing Authority would like to develop for low income housing and a library. This story has it all- historic churches, a wheel chair bound pastor, and a city relying on recommendations from the neighborhood itself.

The churches: 

  • First Christian Fellowship Missionary Baptist Church
  • Latter Day Deliverance Revival Church

The legal actions:

  • The churches, representated by the Liberty Institute, are seeking to stop the seizure of their land.
  • The city says:
    • Only pursuing eminent domain against the Latter Day Revival Church
    • Negotiating, without using eminent domain, with First Christian Fellowship Missionary Baptist Church
    • And that they relied on recommendations from the Fifth Ward Redevelopment Corporation for the project

Let’s not forget the KY judge, who in 2014  stopped eminent domain at the trial court level because a church’s First amendment rights trump that of a government’s eminent domain authority.

Houston Chronicle     Houston Press     Legal Insurrection   

Trump & Eminent Domain. 3 Highlights from Michelle Malkin Column.

A 2011 Michelle Malkin column ties Donalad Trump to eminent domain abuses. The highlights:

  • “Too many mega-developers like Trump have achieved success by using and abusing the government’s ability to commandeer private property for purported “public use.”‘
  • “Trump has shown reckless disregard for fundamental private property rights. In the 1990s, he waged a notorious war on elderly homeowner Vera Coking, who owned a little home in Atlantic City that stood in the way of Trump’s manifest land development.”
  • Trump doesn’t dirty his hands, instead eminent doamin is exercised by the Casino Reinvestment Development Authority or CRDA

RealClear Politics

City Official Comments on Paying Landowner Attorney Fees in Eminent Domain

Officials in Tulsa, Oklahoma want to remove the statutory requirement that if landwoners at trial receive a value 10% higher than the special commissioners, then the local government has to pay the landwoner fees and expenses.

Paying attorney fees and expenses led to this comment by a Tulsa official: “That 10 percent rule is basically a pain in the neck,” Swiney said. “I think it leads to abuse. It leads to bill padding. It discourages settlement and encourages litigation.”

Public Radio Tulsa

New London, CT Resident Describes how Eminent Domain Ruined the Town

…”The city has never capitalized on this to bring tourism. The neighborhood where homes and businesses once stood, is now a giant weed-filled lot near the water. The proposed hotel, condo, restaurant and office complex that was supposed to be built went out the window because the development company that was awarded the contract went out of business after leveling all of the homes and businesses that were there.

This parcel is next to the property that was given to Pfizer by the city. That deal came with a 10-year tax abatement. They built an office complex on the waterfront, across the river from their main plant. They left in year nine and sold the property to General Dynamics Electric Boat division.

Many families and businesses were uprooted and forced to leave town because of the unavailability of replacement property. Shame is on the town planners for bringing this on, and shame on the Supreme Court for reinforcing their decision.”

Sun Sentinel

Pop the Popcorn Kelo, The MOVIE! is Coming Soon.

This fall filming will being for Little Pink House, the film devoted to telling the story of Susette Kelo.   

“[The producer] describes it as a classic David and Goliath story that focuses on Kelo, a single mother who had her Connecticut house seized by the city of New London and turned over to private developers. “

Reason    Little Pink House Film