Eminent Domain Averted at UNT

UNT and Sac and Save have reached an agreement to purchase the 91,000 building for $6.25 million. The agreement is pending approval from the board of regents. 

Eminent Domain was an available option for UNT. However,  because the property had other pending offers for purchase, and the desire to avoid eminent domain litigation; a purchase agreement was reached. The Denton County appraisal of the property was approximately $2.2 million. 

Denton Record

Lege Trend Arrives in Texas: No Eminent Domain for Railroads

In Texas, The Senate Committee on Transportation approved SB 1601 which would deny eminent domain for high speed rail in Texas.

In Minnesota, all railroads may have their eminent domain authority revoked or curtailed by local government approval of projects. Opponents to a rail plan cite problems for emergency responders, increased train traffic, and lower property values in their desire to reign in the power of eminent domain. Sun Post

Lege Trend: Limiting Eminent Domain for Electric Transmission

Missouri wants to block emiennt domain authority for Missouri electric transmission companies that do not contribute electricty to the regulated electric grid for the use of Missouians. 

To receive eminent doamin authority, the electric transmission compnay would have to demonstrate a need or benefit to Missouri.  Land woner groups, agricultural groups, and cattle groups support the bill.

Add it to the laundry list of new eminent domain regulations that reign in eminent domain for private companies. 

My Caldwell County

Attorney Fees When the Condemning Entity Over-Litigates

Say you’re a property owner having your property taken by eminent domain. You file suit to protect your property from eminent domain, and then the condemning entity files motion after motion as an exuberant party. You pay your attorney to reply to each motion.

What happens when attorney fees are due to an overzealous litigant that is a condemning entity?

The Florida Supreme Court will rule on when attorney fees can be awarded for fees related to an overzealous, litigating condemning entity. Lexis Nexis Law360

Lege Trend: 11 States Want to Block Federal Use of Federal Lands & Federal Water Rights.

Nevada Assembly Bill 408 would require that the Federal Government get state permission to use land within the state’s borders. It would also remove state water rights from the feds. It’s a big deal in a state where more than 80% of the land is federal. The impact to Area 51 is unknown at this time. 

10 states are following Nevada’s lead.

Cliven Bundy made a name for himself in a stand off with the federal government over ranch lands in Nevada.  

Yahoo News Reno Gazette Journal

Pipeline Protestors Arrested. Sue Company that had them arrested.

The Texas pipeline proptests over TransCanada Pipeline are enough for a movie. Here’s the story:

  • Landowners and others protested the Trans Texas Pipeline in Texas (and elsewhere)
  • 3 peaceful protestors were arrested 
  • the 3 peaceful protestors sued the Sheriff Department that arrested them & TransCanada
  • TransCanada seeks a dismissal alleging that there is no proof that TransCanada’s agents or employees aided abuse of force by the sheriff department.

Southeast Texas Record

Fight For Your Right to Party, Nay, to Property.

In tiny Eagle, Idaho, a business owner is fighting a blight designation for her property. The property has not, in the last 14 years, received a ticket or notice or fine. 

An Idaho Redevelopment Corporation wants her property for a parking lot and is trying to use a blight designation to get it. 

The business owner is a fighter. Sounding like 80s rock icons, she said, “My plans are still to continue to do what I think every American should do, fight for their property, fight for their right,” (to party, nay, property).

KIVITV Idaho 

The Infamous Kelo Property Revisited. Mayor Wants Kelo Park.

The Mayor of the City of New London wants to turn the property where the Kelo house stood to be turned into a park in honor of the residents whose homes were taken by eminent domain. 

Kelo’s house was taken for a economic development project that never came to full fruition. The Kelp land is ripe for something. 

The mayor’s campaign included these two issues:

  • The US Supreme Court was wrong in Kelo. New London should never have taken the land.
  • As mayor, I will dismantle the development corporation that sought Kelo’s land, which he did.

The Day