Seizing a Billionaire Owned Land to Ensure Surfing Lives

Surfing is to Californians like guns are to Texans. You don’t mess with it. A California billionaire tried to block surfers from accessing killer waves off the coast of San Mateo County. It set off a fight.

The Californai Legislature, Courts, and now the California Lands Commission have all attempted to settle the disupted beach access. 

The California Lands Commission is mulling over using eminent domain to seize the surfer paradise from the billionaire. In 77 years, the California Lands Commission hasn’t used its eminent domain power. 

This isn’t just for Californians. Remember the post-hurricane beach access and property line disputes in Texas?

Bloomberg News via San Diego Source

Previously on Information Intelligence:

Surfers Blocked from Beach. Eminent Domain on the Horizon. 

The California legislature sought to find middle ground over public beach access through a California billionaire’s property. The courts sided with the surfer’s right to beach access. The legislature sought the more peaceful resolution for the billionaire- negotiation. Governor Brown agreed and signed the bill. But if negotiation fails, eminent domain is back on the table. A billionaire wants to keep his beach private. Surfers want to surf.

Never ending circle between the courts and the legislature over private property rights.  Happens in California. Happens in Texas. Private Property rights will always be a bone of contention. [San Francisco Chronicle]

Lege Trend: Eminent Domain Compensation Includes Lost Profits for Business

Compensation is the hottest of hot topic in eminent domain. If eminent domain is a habanero pepper, compensation is a ghost pepper. 

Compensation gets tricker when talking about business property or property on which profits are made. How do profits factor into compensation, is at all?

Virginia is tackling how to factor in profit into compensation by proposing legislation to:

  • Eliminate damage to the residue (remainder) standard
  • Replace damage to the remainder with straight just compensation
  • Require that just compensation awards establish the lost profit

Virginia SB 1435

Put This Bill On Your Radar: Legislative Approval of Rule Making

SJR 9 by Van Taylor would move the ball toward legislative approval of rule making.

Sound far fetched? It’s not.  Other states are doing it:

 

A quick, non-exhaustive, list of contentious Texas rule making issues:

  • The Railroad Commission common carrier rule making, which is a fight over eminent domain.
  • Any urban-rural water rule making action.

Update: HB 565 Revoking Eminent Domain Authority

The toll road by a private corporation all but dead, this bill is hailed as the final nail in the coffin. The Texas Turnpike Corporation is the only private toll road authority in the state, having authority through a grandfather provision. Texas Tribune 

Previously On Information Intelligence: The Bill Filing

In 2014, a private tollroad corporation proposed new toll roads in North Texas. Town halls were held. Fire Marshals shut them down as too many people turned out against new toll roads. City  councils in the proposed toll areas passed resolutions opposing the plans to use eminent domain. 

Toll road opponents and private property rights supporters united.  

The 2015 Legislature will consider HB 565, which  will stop private toll authorities from exercising eminent domain. HB 565

Previously on Information Intelligence: The Project that Started it All, Toll Roads by a Private Corporation

 

 

 

A Stadium Fit for Kings. Multi-Million Dollar Drama Fit for the Courts

A multi-million dollar courtroom drama over land value for the Sacramento Kings new stadium is brewing. 

Land values are differing by $25 Million :

  • Land investors/owners say the land value is $31.5 Million.
  • The City of Sacramento says its $6.3 Million. 

If the $25 Million gap in valuations wasn’t enough- the eminent domain process is further complicated by CALPERS being an investor in a segment of land. CALPERs values its land at $12.5 Million. 

Under California Law, valuations are based as though there is no Kings arena being built. Trial is scheduled for April. Sacramento Bee

Now, we know why the Buffalo Bills support paying more for property in negotiations than going to court. Information Intelligence

 

Eminent Domain & Stadiums: The Bills, The Kings, The Cowboys

The Buffalo Bills & Sacramento Kings both need new stadiums. Building new stadiums takes land. If negotiations fail, land is acquired via eminent domain. The Buffalo Bills prefer negotiations.

Buffalo would rather pay more in a neogtiation than use eminent domain, which leads to costly litigation.

There’s a list of professional sports stadiums that have used eminent domain, Texas makes the list:

  • Brooklyn Nets
  • Dallas Cowboys

The Buffalo News   Sacramento Bee (The Kings also used eminent domain & are in litigation over compensation)

Lege Trend: Tea Party & Bipartisan Support for Eminent Domain Constitutional Amendment

What does the North Carolina Tea Party Backed, Bipartisan Supported, Constitutional Amendment do?

  • Prohibit condemnation of private property for any reason other than a public use.
  • Require just compensation when condemnation procedures are used, and
  • Allow for parties to demand a jury trial.

It has passed the NC House for 3 sessions, but stumbles with a 3/5ths rule in the NC Senate. Carolina Journal  Watauga Democrat

What’s the North Carolina Tea Party Saying: 

  • “When the government can tell you what you can and can not do with your “Private Property” it is no longer private property.”
  • Point to the Heritage Foundation which says stronger private property rights correlates to a stronger economy. 

Refreshing Recollection: TPPF has also called for prohibiting eminent domain except for public use. Information Intelligence

Positive Eminent Domain Messaging from Texas Central Railway

Texas Central Railway has clarified its website regarding eminent domain. The clarification was picked up by the Dallas Business Journal.  

Texas Central Railway (TCR)  stresses that eminent domain is a last resort after all voluntary options are exhausted.

TCR further offers this message on private property rights:

“The project is committed to respecting and honoring the private property rights of our fellow Texans. This reflects our personal values and simply makes good business sense. As such, the project is committed to negotiating and settling with landowners fairly and transparently and in a way that seeks ‘win-win’ solutions.”

Lege Trend: Royalties to Landowner for Pipeline Easement

Massachusetts State Rep. Stephen Kulik, D-Worthington filed HD 3168 would require:

  • a 12.5% royalty on natural gas transported on a pipeline through the state; IF
  • the natural gas is later sold to a foreign country

Supporters Say:  “The idea is to reimburse people for the taking, because eminent domain is for the public good, not private profit. It’s one thing if it’s for domestic use, and another if it’s for export.”

Daily Hampshire Gazette   

Bills Target Utilities.

In an effort to keep utilities off private lands for surveying, bills in Virginia look to reign in the ability to survey within eminent domain powers.  

Democrats are lining up to defend the utilities right to access private lands. Republicans are lining up on the other side. 

Republicans also want utilities with eminent domain authority subject to open records. Watchdog.org

Information Intelligence subscribers will remember a court in California blocked pre-eminent domain surveying.  InformedIntel.com