Iowa landwoners are suing its version of the Texas Railroad Commission, because the Iwoa agency allowed a pipeline to have the authority to use eminent domain.
Legal Trend: 6 Month Beach Erosion Taking for Stormwater Drain. Ends with Big $ Win for Landowners.
Long Beach Township took property from 7 beach front owners for a storm water project. Long Beach Township asserts it did so because a state agency told it to do so. A natual reply as that explanation worked well with our parents as 9 year olds- so and so made me do it.
The beach project was voided, a win for landwoners. But, since an eminent domain qualifying project was involved, the state & local government were able to start accessing the property from day 1.
The landowners also got a win when the court found landowners weren’t given proper notices.
Day 1 is when a court says, landowners are due compensation for:
- fair market value and interest,
- a pro-rated share of taxes and attorneys’ fees
Lege trend: 2 Step Agency Approval for Pipeline Eminent Domain
The South Carolina Attorney General issued an opinion asserting that a pipeline probably does not have eminent domain authority which sent legislators into overdrive.
The proposal floating around would require an oil and gas comapny to get approval from:
- The head of the state Department of Health and Environmental Control
- The head of the Public Service Commission (its 7 members are elected by the Legislature)
Eminent Domain Use. Interview Question for New Texas City Manager.
During the vetting process, the new Ferris City Manager was asked about his stance on high speed rail, bouyed by allusions of the use of eminent domain.
Ellis County Commissioners Court opposes the high speed rail plan, in part because of the impact on farm land and the use of eminent domain.
Sherman, the new city manager, said he will be too busy running the city to get into politics like high speed rail.
Virginia General Assembly Races Dominated by No Eminent Domain for Private Gain.
The use of eminent domain for private gain, or in other words, the use of eminent domain by private comapnies like pipelines or transmission lines is dominating state assembly races.
It’s not just Rs and Ds rebuking pipelines for different reasons. Rs support private property rights. Ds are exhibiting a greater concern for environmental issues.
But, it’s also Libertarians, who are actively and viably challenging Republicans.
TX High Speed Rail Gets Influx of Funding. Opposition Grows Stronger. 2 Opposition Goals.
Rural opposition to high speed rail in Texas has a champion in the organization, Texans Against High Speed Rail.
Opponents to High Speed Rail wants 2 wishes granted:
- Greater Transparency in the process
- No use of eminent domain, rural landwoners do not want to sell for “any price”
- In 2015 Senator Kolkhorst authored SB 1601 to prohibit eminent domain for high speed rail
State Agriculture Department Arms Farmers to Defend Against Eminent Domain from Pipelines & Transmission Lines.
New Jersey has the State Farmland Preservation Project. Farms that are active in the project are armed with information including:
- that there is no eminent domain authority for electric utility and intrastate natural gas pipeline projects.
- A “utility company cannot cross a preserved farm. “
- public use projects that do qualify for eminent domain authority have to follow very specific compensation guidelines and that the project can approve or deny negotiations with a landowner.
NJ Department of Agriculture | Condemnation on Preserved Farmland SADC to Pipeline Companies: Stay off Preserved Farms
States Rights Meet Eminent Domain. Congress Seeks to Block Transmission Lines.
“The Assuring Private Property Rights Over Vast Access to Land (APPROVAL) Act (H.R. 3062) directs:
- the U.S. Department of Energy (DOE)
- to obtain approval from a governor and state public service commission,
- prior to approval of any Section 1222 transmission project and
- subsequent use of federal eminent domain, as well as the approval of any tribal government for affected lands.”
Assessor Lowers Property Value. City Uses Eminent Domain to Take Property.
The tax assessor for Belleville, NJ lowered a property value from $528,000 to $298,900 and then the city manager exercised eminent domain against the price-reduced property.
Belleville is a special case where the tax assessor and the city manager are the same person. Conflict of Interest? A glimpse into other property value manipulations throughout the country?
Fighting Blight with Social Impact Bonds (AKA Debt)
Richmond, California, home to eminent domain for underwater mortgages, is also home to a new bonding mechanism to fight blight.
In 2013, Richmond created “Richmond Community Foundation” which uses this bond mechanism for blight:
- $3 million of social impact bonds to purchase, rehabilitate and sell blighted properties.
- During a four-year revolving period, sale proceeds will mostly go to purchasing new properties; during the final year of the bonds’ five-year life, proceeds will be devoted to repaying principal and interest.
- Bonds are issued by Richmond, but not secured by city revenue.
- bonds will be sold via private placement to a local bank that is meetings obligations under the Community Reinvestment Act
The homes will then swap owners like this:
- Homes will be offered to graduates from the Richmond Spark Point Center, a United Way Project.