Trend: Only Permit Eminent Domain at the Request of the Property Owner

Passing by a margin greater than 2:1, Littleton Colorado voters approved a measure to require that a property owner consent to eminent domain before eminent domain can be used.  

Removing the ability to threaten eminent domain will likely make negotiations for property purchases more productive. Supporters say the goal is for citizens to do what is best for Littleton. 

Denver Business Journal

Poll: 81% Do Not Support Eminent Domain

Iowa is polling on everything from potential Presidential candidates to private companies using eminent domain. Private companies using eminent domain is as popular in Iowa as it is in Texas.

  • 57% favor pipelines
  • A majority favor building wind transmission lines and pipelines

Iowans like energy projects, but they strongly dislike these same companies using eminent domain. 

  • 74% oppose eminent domain by pipelines and transmission line companies
  • 7% are not certain
  • 19% support eminent domain for pipelines ans transmission lines

DesMoines Register

 

Bill Filing: No Taking Private Land for Private Enterprise.

An earnest supporter of property rights, Representative Will Metcalf filed HB 1889 that requires municipal or county approval before construction of the railway. Representative Metcalf is strongly opposed to taking private lands for private enterprise. 

Metcalf’s opposition to high speed rail is noted at NoTexasHighSpeedRail & Texas Turf.

As the economy improves, expect developers to demand more uprooted families. (via eminent domain)

The above is a quote from USA Today this week examining the harsh opinions against eminent domain. Opinions become the most heated when eminent domain is used for ” taking of private lands for private enterprise,” quoting Representative Will Metcalf. 

Reflecting on Kelo, the 2005 U.S. Supreme Court case permitting the use of eminent domain for economic development, its noted that not all public use projects move quickly.

In the case of Kelo, no construction in furtherance of the economic development project has occurred post-eminent domain. 

USA Today

Lege Trend Arrives to TX: Blocking Cities Use of Eminent Domain

Restricting the use of eminent domain is en vogue. Idaho’s Senate passed a bill to stop cities from using eminent domain to build hiking trails, bike trails, and greenways.

Idahoans love their green space. The state is almost entirely greenspace. Idahoans don’t love eminent domain. The bills author said this of eminent domain:

“eminent domain gives cities too much power.”

Texas looks to also stop cities from using eminent domain for trails and green space. SB 178 by Nichols 

KIVI via the AP

No Eminent Domain for Private Gain. Gaining Steam Fighting Wind Power Lines.

A vocal group at a transmission line public meeting echoed the refrain- no eminent domain for private gain. It rhymes which makes it good for protest marches.

A Houston Company is the target of this group of landowners. The company, Clean Line Energy Partners, is seeking the federal government’s buy-in to a wind energy project in Oklahoma & Arkansas. If the federal government gets involved, then the company gets eminent domain authority. 

200 landowners showed up to a meeting. They were lock step in opinion. The highlights:

  • “This project is about one thing, and that’s greed,” she said. “They don’t see our green trees, our land, our lives that are so important to us. They see a different kind of green, and that’s money.”
  • Transmission lines would make their property useless and worthless
  • Multiple local governments have voted in opposition to federal government involvement and in opposition to eminent domain

Project Supporters Say:

  • The project will be a half-billion-dollar investment
  • It will generate jobs
  • It will provide 500 megawatts of low-cost, clean energy to Arkansas electric customers.
  • Arkansas Wildlife Federation supports “the project as an opportunity to lower the state’s dependence on nonrenewable coal and other fossil fuels.”

Arkansas Online

Property Value Decrease from Transmission Lines? Jury Says YES!

A Wichita Falls jury validated property owners’ right to collect reasonable damages when electric power lines lower the value of their land.

It boils down to a question of the value of the remainder of the land after every one agrees eminent domain is proper. 

The electric provider offered the landowner $140,000 for an easement 1.7 miles long, that bisects the landowner’s property.  The jury sided with the landowner appraiser who said the value is $393,165. 

Texas Lawyer on Oncor Electric Delivery v. Clack
 

Update: Eminent Domain to Retain Employers?

St. Louis Aldermen approve the use of eminent domain to retain an employer in St. Louis, the National Geospatial Intelligence Agency. The choice was retain 3,100 jobs or use eminent domain against 30 properties. The vote was 17:11.

National Geospatial Intelligence Agency has not indicated if it will stay in St. Louis or relocate, but eminent domain use has been decided to try to keep it in St. Louis. 

St. Louis American

Refreshing Recollection: Information Intelligence on the use of eminent domain to retain an employer.