Lege Trend: Eminent Domain for Intangible Property?

Seizing business permits by eminent domain is new. Connecticut is doing it to solve a state transportation issue. The CT Department of Transportation seized permits from a private bus company to make way for a new public transportation project.

The private companies sued. The Court allowed eminent domain to be used for the permits relying on the the use of eminent domain in CT for facilities, and lumping the bus permits in with facilities. 

A Republican Senator in CT is not thrilled. He wants to limit eminent domain to tangible property. 

The Courant  

Private Texas Company Using Eminent Domain Called A Threat. Government Overreach.

Put 800 people together, many of whom are conservative, and momentum builds to oppose a  private entity from using eminent domain to build a new transportation network.

What don’t people like about private companies using eminent domain?

  • Rep. Will Metcalf: 

    “I am not a happy camper,” said state Rep. Will Metcalf, R-Conroe, adding he is frustrated by the lack of transparency on the project. “They are moving forward and we need your help.

    “I don’t believe private enterprise should have eminent domain power. In regard to the 10th Amendment, I talked a lot about this during my campaign; we are living it here today. Federal overreach, they are bypassing us at the state, the county, and that is not OK.”

  • Former Montgomery County Judge: ” one of the biggest threats to the county I have seen in years” It’s extreme, folks.

  • Precinct 2 Commissioner Charlie Riley: Determined to stop the project

  • Rep. Mark Keough vows to stop the project

  • County Commissioners passed a resolution opposing the project.

The 10th amendment is increasingly popular symbol of federal intrusion. It’s like a rally cry for conservatives.  Montgomery County Courier 

Social Media Brings Down Eminent Domain in TX Town.

Flower Mound would like to acquire land to join two “business” thoroughfares. The land owner objected to eminent domain to join businesses & wants to negotiate an easement.

Controversy stirred and generated 400 Facebook & public comments over a weekend, such as:  “This is a battle about the heart of Flower Mound.”

City Council pulled the agenda item. The City says it followed the letter of the law and has been negotiating with the land owner.

Cross Timbers Gazette

Eminent Domain, a Retailer, & a Road. Public Use? Public Outcry.

Rowlett has a new Sprouts store. People need to get to the new store. Rowlett is considering eminent domain to access to the new location. This translates to acquiring private property to help people get to more private property. 

What’s the hiccup? 

  • If you ask the attorney for the property owners whose land may be taken says it’s: “Basically, what you would be doing is condemning one private property owner’s land to benefit another private property owner.”

Rowlett Lakeshore Times

Eminent Domain to Retain Employers?

St. Louis is considering using eminent domain to retain a local employer, the National Geospatial Intelligence Agency. 

The Supporters Say:

  • The City will lose 3,000 high-paying jobs 
  • The City will see reduced tax revenue if the employer leaves
     

The Concerns:

  • Using eminent domain against homeowners
  • Locals want the area to remain residential, and not become commerical property

KMOV St. Louis

County Stops Pipeline. Private Company Crossing Private Lands Causes Concern.

A County in rural Pennsylvania is intervening to stop a pipeline that is proposed to cross private property. Amish are a strong stock. You don’t want to mess with them. 

20 of 26 townships also seek to stop the pipeline project after hearing tales about the impact of eminent domain proceedings against century old farms & decreasing property values. 

Standard Speaker

Empower Texas Tackles A Water District with 4 Major Eminent Domain Woes

Empower Texas offers up a smorgasbord of eminent domain abuses by Tarrant Regional Water Board. The list:

  • Received expanded eminent domain powers through abuse of the local and consent calendar
  • The district’s majority financial focus is on economic development and not water, a public use
  •  The commissioners, who can vote in favor of eminent domain, had their terms extended without an election
  • Landowners in an eminent domain dispute uncovered evidence that the water district had promised there would be no eminent domain for their property

Empower Texas

Most Popular Texas Eminent Domain Bill

One eminent domain bill is becoming a media darling: HB 565 by Burkett. The bill revokes eminent domain authority from a private toll company.

Here’s why Burkett says it is important: 

  • The problem is a private company overseeing a project with eminent domain authority (hello, pipelines, are you listening?)
  • If property is taken for public needs, it should be “fair and transparent”
  • Toll roads are wearing out their welcome

Dallas Morning News

Refreshing Recollection.   Previously on Information Intelligence.

Eminent Domain is Like Broccoli Cupcakes; Yuck. City Councils Vote Against It. Willie Sings in Opposition.

Eminent domain protests occur across the U.S.:

  • Dallas area saw eminent domain protesters shut down transportation proposals, and city councils vote ceremoniously vote against proposals.
  • The Dakotas held parades and Farm-Aid style concerts to shut down Keystone XL pipeline, which is now in litigation for eminent domain usage.
  • It’s been campaign fodder in Iowa, Tarrant County Water Board, and more…
  • This week protesters in Connecticut, the same state that brought us Kelo, forced Stratford Town Council to vote against expanding eminent domain power. 

Eminent Domain is not popular. It’s not popular even when your state or city needs to grow.

Eminent Domain is like broccoli flavored cupcakes- no one is buying it. Stratford Star