InfoHive – Eminent Domain

What’s happening? Eminent Domain reform is a perennial issue in Iowa. This year is special there are ghost of new carbon capture pipelines being built which some say led to legislators hitting the pause button on eminent domain reform.

Why is this important? Let’s look at how they are talking about it. Here we go:

• ” “wrong message” to businesses and to the landowners who’ve already signed easements for carbon pipelines and landowners still considering contracts.”
• ““I’m pro- you deciding what to do with your farm or your business or your home, unless you’re doing something stupid, like committing a crime or not paying taxes. And the process has worked so far, but someday, it’s not. And someday, landowners are going to get screwed.”
• “Changing the rules on the use of eminent domain would send the wrong message to potential supporters in Iowa, who are necessary for these projects to follow through on their commitments to landowners. They need to have confidence that Iowa is a great place to do business and that you can count on a stable legal, regulatory and tax structure.”
•  will pursue “long-term legislation that makes Iowa a great place to do business and innovate, while ensuring the property rights of Iowans are protected.”

How will this be important? Economic Development reasons vs. eminent domain reform is a new hot ticket

Radio Iowa | Kaufmann tables 2022 discussion of eminent domain changes

Tristates Public Radio | Iowa lawmaker wants to address carbon pipelines & eminent domain

What is happening? Santa Monica, California is trying to correct for policies in the 1950s and 1960s that led to “the destruction of black and Latino communities via eminent domain to build the 10 freeway, “

Why is this important? Local Governments are looking for ways to correct past acts that impacted the housing and communities.

How will this be important? Santa Monica’s program will offer households or their descendants displaced by urban renewal projects in Santa Monica in the 1950s and 60s affordable housing.

Boing Boing | Beach town offers subsidized housing to families evicted by racist policies of the 50s and 60s

What is happening? A debate in Iowa is revealing a call by some Republicans to establish different eminent domain standards for projects that move something through the state and for projects that directly impact the state. The goals seems to make projects like a pipeline or transmission line that moves on through would have a higher standard than an intrastate transmission line.

Why is this important? In Iowa, the Utilities Board approves the use of eminent domain.

How will this be important? Proposals suggest 70-75% land owner approval before eminent domain authority could be granted by the Utilities Board.

Radio Iowa | Representative drafting law to apply to Iowa carbon pipeline projects

What is happening? Corpus Christi Texas is following San Antonio and Galveston to regulate short term rentals.

Why is this important? The policy makers say it will protect private property rights by establishing a regulatory framework, including a limited registration fee of $50.

How will this be important? The Legislature in Texas has the reputation of preempting local ordinances.

KRIS 6 | You could soon have to pay in order to list your property as a short-term rental in Corpus Christi

What is happening? Property right advocates say that property owners should also be compensated for subjective value such as how long the property has been owned, ties to the community, emotional connections…the subjective value of the property.

Why is this important? The subjective ties are the same for all owners whether the property is a residence, small business or church.

How will this be important? The solution is a 10-15% add-on to the market value of the property to account for the subjective value.

Washington Times | Governments must pay owners more than ‘fair market value’ when seizing property

What is happening? A mechanic in Pasadena, TX wants to open his own shop. The City of Pasadena says that while another mechanic had a shop in the same space with only 5 parking spaces, the new mechanic will need 28 parking spaces.

Why is this important? Welcome, private property advocates who are challenging the constitutionality of the Pasadena ordinance.

How will this be important? What happens if this case makes it way to the Texas Supreme Court where it may impact larger Texas cities.

Institute for Justice | Texas Mechanic

What is happening? In the ongoing litigation for whether a high speed rail project in Texas has the power of eminent domain, the State Attorney General Office offered an argument to the Texas Supreme Court that sides with landowners and the rules of grammar. The AG office says ““The rules of grammar confirm that the Respondents are not railroad companies,” 

Why is this important? Some say the power of eminent domain is required to complete the project.

How will this be important? A ruling would guide other talked about rail projects in Texas.

James Fredrick Miles v. Texas Central Railroad & Infrastructure, Inc. and Integrated Texas Logistics, Inc., Case No. 20-0393

What’s happening? California and Vermont both require residences to compost food waste. Vermont was first to the composting game and California’s law went into effect at the beginning of 2022, based on a 2016 bill.

Why is this important? To California, the concern was emissions (methane) from food waste. The State can also fine cities up to $10,000 for not complying. California’s 2025 goal is to cut organic waste in landfills by 75% from 2014 levels.

How will this be important? California will take the food waste and turn it into either (1) biogas or (2) compost.  it “is the single easiest and fastest thing that every single person can do to affect climate change, ” according to Rachel Wagoner, director of the California Department of Resources Recycling and Recovery.

AP | California pushes composting to lower food waste emissions

What’s happening? Gentrification is happening or Redevelopment is happening. However you phrase it long time, legacy homeowners, can find their property taxes a burden as their property values soar.

Why is this important? Atlanta’s Mayor issued an Administrative Order for the Anti-Displacement Program  that creates a $10M grant program to keep legacy home owners in their neighborhoods.

How will this be important? Atlanta’s program also includes a private donation fund, nonprofit Westside Future Fund . Detroit is also working to keep homeowners in their neighborhoods through a private donation nonprofit.

Route Fifty | A Unique Funding Program to Keep Homeowners in Hot Neighborhoods in Their Houses

What’s happening? Recipes are generally not copyright-able. Then food industry starlet comes up with a recipe that gets duplicated and put on magazines, and the questions about copyrights re-emerges or parts of a cookbook, including personal stories, get copied and added to a new cookbook by another author.

Why is this important? As a cook and they’ll tell you a recipe is only a guide, two cooks will make two completely different things from the same recipe.

How will this be important? As more industries embrace open source does that copyrighting fall out of vogue?

NYTimes | Who Owns a Recipe? A Plagiarism Claim Has Cookbook Authors Asking.