Land Use & Property Rights

These high profile Texans signed an ad that ran in the Dallas Morning News opposing the Trans Pecos Pipeline:

• Peter Coyote
• Tommy Lee Jones
• musicians:  Ray Wylie Hubbard, Randy Jackson, Sara Hickman and Gurf Morlix

Who organized the ad? Big Bend Conservation Alliance

Other celebs involved in anti-pipeline/anti-eminent domain issues: Leonardo DiCaprio, Tommy Lee Jones, Jason Mamoa, Exra Miller, Ray Fisher, Pharrell Williams, Susan Sarandon, and Shailene Woodley

Indian Country Today Media Network | Energy Transfer Opposed in Texas, Too, As Celebs and Landowners Fight Local Pipeline

Where is this happening? Far North Texas, also known as, Colorado. Weld, County, CO

What issue is this editorial confronting? Pipelines that traverse farm land.

What recommendations do they have for pipelines?

• eminent domain is a privilege, not a threat
• eminent domain is not a bargaining tool
• fields should be left in good condition, no cheating on what soil is used for backfill
• avoid careless mistakes like using sandy soil

The Tribune of Greeley & Weld County, CO | Tribune opinion: Regulations regarding pipelines provide right balance

A watershed coaltition in Southern Georgia and Northern Florida touts solar energy because it doesn’t require eminent domain. 

Atlanta Progressive News | PROPOSED SABAL GAS PIPELINE RUNS THROUGH AQUIFER, WETLANDS, SINKHOLE TERRITORY

Which Court of Appeals? 3rd Court of Appeals in Austin

What did the Court do with the Texas Highway Beautification Act? Struck down key portions of the Act, specifically Subchapters B and C

For those who love statutes: Subchapter B REGULATION OF OUTDOOR ADVERTISING GENERALLY & Subchapter C LICENSE AND PERMIT FOR OUTDOOR ADVERTISING

Why were these subchapters struck? unconstitutional content based restrictions on free speech

Houston Chronicle | Core of Texas highway sign ban tossed by appeals court

Auspro Enterprises, LP v. Texas Department of Transportation 03-14-00375-CV

How does a landowner whose land is in the path of a proposed water pipeline cause a legal quagmire? Create a special district- a Conservation District.

How do 2 special districts resolve eminent domain over another’s land? The courts are deciding whether the land can be taken.

What have the courts said about dueling eminent domain authority of special districts?The TX Supreme Court ruled in favor of the Conservation District lands on a procedural issue, and now the issue of eminent domain taking is back before the trial court.

Who is the new eminent domain champion? Monty Bennett

D Magazine | A Gentleman Rancher’s Guide to Fighting Tarrant Regional Water District

The city: Santa Monica, CA

The short term rental regulations: 

• No advertising
• Requires internet providers to provide information about those posting short term rentals for rent
• Home owners must be home during the rent
• Home owners must have a business license to operate as a short term rental

the lawsuit: HomeAway & AirBnB sued in federal court asserting 1st Amendment free speech violations, violations of the Communications Decency Act & the 4th Amendment 

Law360 | HomeAway, Airbnb Sue Santa Monica Over Ad Ban

Engadget | Airbnb claims Santa Monica ban violates the Constitution

Access the database here: Comptroller’s Online Eminent Domain Database COEDD

Search by: 

• Entity Name
• Entity Location
• Entity Type:
  • City 
  • County
  • EDC
  • ISD
  • Municipal Water, MUD, Irrigation District…
  • Other special district- emergency services, hospital district….
  • Pipelines and related
  • Telecommunications and telephone
  • Railroads

By the numbers:

• 408 results in pipelines
• 54 results in communications
• 98 results in other special districts
• 1488 results in water districts
• 195 EDCs with eminent domain authority

KOSA CBS 7 | Eminent domain database now available for public use

Orange Leader | Texas Comptroller Glenn Hegar Announces Eminent Domain Database Ready for Public Use

San Marcos Daily Record | Eminent domain database launched

Kingsville Record | Eminent domain database launched

Presidential candidate Gary Johnson, the Libertarian, says on FoxNews that  the litmus test for Supreme Court justices should be eminent domain. 

The eminent domain trigger of choice: Kelo. Should eminent domain be used for economic development?

Gary Johnson Views Eminent Domain as Supreme Court Litmus Test | Libertarian Republic

The Number of Arrests: 38+

The Native American arguments against using eminent domain for the pipeline:

• harm to a Native American cutural site
• harm to the tribe’s water supply

The number of courts involved:

• The tribes sued in D.C. federal court for an injunction to stop the pipeline
  • the court is epxected to rule Sept. 9th
• The pipeline sued in federal court in Iowa to stop the protestors
  • the court denied this request

Wall Street Journal | Pipeline Protests Bring Dozens of Arrests in Iowa, North Dakota

Previously on InformedIntel, August 25, 2016:

The Nakota, Lakota and Dakota Nations are mobilizing to halt a pipeline. It is a peaceful protest that prohibits weapons.

Captured on video, its the tribes the largest mobilization in 140 years. The Native Americans are protesting a pipeline across their sacred lands.

NY Times Video | American Indians v. Dakota Pipeline 

How are drones used? Drones fly over private property to collect 3D property mapping models to use in eminent domain litigation

How does this fit with juries? Juries can take virtual reality tours of the property to be condemned

Wisconsin Law Journal | Firm brings modeling into eminent-domain litigation

The local governmental entity: South San Joaquin Irrigation District

The private utility: PG&E facilities in  Ripon, Escalon, and Manteca

The purpose for condemning the private entity: Saving the residents of the irrigation district at least 15%

Current status: In July the irrigation district filed eminent domain proceedings

The potential attorney fees: Looking for a guide to the Missoula, MT eminent domain acquisition of a water utility, attorney fees could be more than $14,000,000.

Lexology | Nossaman LLP | Municipal Condemnation of Privately Held Utilities Continues to be a Hot Issue, but at what Cost?

North Dakota in 2015 passed a bill prohibiting quick take of property for eminent domain. it was vetoed. An interim study was convened. Where are they now?

• North Dakota has been experiencing abuse of quick take eminent domain by special districts building flood control projects and drainage projects
• Recent court cases have said that water districts aren’t following proper eminent domain process
• The Committee is set to recommend 3 solutions.

Bismark Tribune | The battle between private property and public benefit

The State: Utah

The Legislation:  Senate Bill 151 from 2016 General Session

What Senate Bill 151 requires in a development and tax incentive deal:

• If a taxing entity involved in an incentive deal wants to make a finding of blight, it must:
• Form a committee with the other taxing entities
• All the taxing entities must agree to verify the blight finding & agree to eminent domain.

Salt Lake Tribune | Op-ed: Data center is a sound investment in Utah’s future

Yes, it was. State Representative Hitchens in a pipeline supporter & author of the 1 year ban on eminent domain.

Why? What pushed him over the edge? A private property rights supporter, a veteran, a retired law enforcement officer, a wildife supporter, and it had been 23 years since Georgia grnated private companies the power of eminent domain.

The 23 year time span since authorization was the tipping point? Partly, Yes. Technologies have changed on pipeline safety. 

What landowner stories impacted the legislator? A land owner whose family had owned the same land since its original grant in 1753 from the King of England.

Does this Republican have an opinion on taking private property for a private enterprise, like a pipeline? Yes, he is against it, but he understands the need for government use of eminent domain. 

Southeast Energy News | Q&A: Eminent domain and the Georgia pipeline debate

The Nakota, Lakota and Dakota Nations are mobilizing to halt a pipeline. It is a peaceful protest that prohibits weapons.

Captured on video, its the tribes the largest mobilization in 140 years. The Native Americans are protesting a pipeline across their sacred lands.

NY Times Video | American Indians v. Dakota Pipeline 

All recent Olympics have involved eminent domain, but the largest use of eminent domain was Beijing which took property from 1.5 million.

Lexology | The Olympics’ Secret Use of Eminent Domain

A lawfirm points out that negotiations with a land owner can generate statements from a landowner that can be used against them at trial. 

“Nothing could be more detrimental to the owner.”

Nationaleminentdomain.com | WHY KITCHEN TABLE MEETINGS DO NOT WORK

Background: Georgia legislatively haled eminent domain by private companies while it assessed how pervasive private eminent domain use is.
 

The official name of the commission:  Joint State Commission on Petroleum Pipelines

What types of individuals were appointed by the Georgia Governor to the Eminent Domain Commission?

• Savannah-based local petroleum provider 
• An environmental nonprofit executive
• President of Stuckey Timberland, Inc.
• Mayor of Odum
• President of Nipper Construction Company, Inc.
• vice president of the land department for Georgia Power
• 3 State Representatives
• 3 State Senators
• State Environmental Protection division director
• State commissioner of Community Affairs

Savannah Now | Gov. Deal finalizes pipeline study commission

What is the activist event? Hands Across Our Land, a national activist day

The specific property rights threat? Pipelines

the goal of the property rights activists: ” to bring attention to the plight landowners and communities face as energy corporations push for the construction of pipelines” 

The Valdosta Daily Times | Activists hold hands across the land

Where is this happening: Ogden, UT

What is the new private property rights group:  Ogden Alliance Against Eminent Domain Abuse working with the Institute of Justice

The city action that sparked the group’s formation: The city seeks to declare a 9 block residential area as blighted

Institute for Justice | Ogden Residents Unite to Fight City’s Bogus Blight Designation

California is building a state funded high speed rail system.

Is the project behind schedule? Yes. The 1st segment moved its completion date from March 31, 2018, to August 2019. 

What is causing the delay? Acquiring land which means Eminent Domain Delays.

How many land parcels are required for the Valley portion of the high speed rail first leg?1,590 parcels of property. 841 parcels were secured as of last week.

For 1 segment, the Fresno-Madera segment, what are the current cost overrages? $50 million

Fresno Bee | Time is money – $50 million – for high-speed rail delays in Fresno area

What type of complaints are homeowners alleging against Pokemon Go? Nuisance

What caused a nuisance? A Pokemon Gym that increased traffic and safety concerns

The Recorder | Pokemon Go Causing a ‘Nightmare’ for Homeowners, Suit Says

Where are activists calling on a mayor to use eminent domain? New York City

What property do they want taken by eminent domain? A storage business

What purpose do they want the land taken? A park

News 1 New York | Activists Urge City Hall to Use Eminent Domain to Build Long-Delayed Bushwick Inlet Park

Activists opposed to Texas Central Rail proposed high speed rail between Dallas and Houston make the following points:

• Obsolete technology in high speed rail
• No public benefit from high speed rail
• Private Property rights are held in high regard in Texas

Houston Chronicle | Protester of proposed Houston-Dallas high-speed rail line shouts “remember Pearl Harbor”

• Folks representing high speed rail are entering land without permission
• Strong arm tactics by folks representing high speed rail
• The use of eminent domain by private companies like Texas Central Rail

KTRH | Is Eminent Domain Becoming the Norm in Texas?

Your Tomball News | Grimes County Commissioners vote to require high-speed rail officials to provide proof of eminent domain authority

Which County wants to require county permits before construction on high speed rail may begin? Grimes County, Texas

Is the proposal supported by state lawmakers? Yes. Support has been indicated by Sen. Schwertner, Rep. Schubert, Sen. Birdwell, Rep. Ashby & Sen. Kolkhorst

What would trigger a permit? Any construction crossing a county right of way

What would the application include? A requirement that the entity has state or federal authority to use eminent domain

Are other counties going to follow suit? Yes 

WTAW News Talk 1620 | State Lawmakers Support New Grimes County Requirements For Bullet Trains

How civil asset forfeiture can impact law enforcement:

• Patrols may be altered to focus on routes that move cash, and not on routes that move illegal goods.
• Citizens won’t challenge the seizure of small amounts of cash or old cars creating a revenue source of $4.5 billion in 2014, nationwide

Governing | Civil Forfeiture Laws Pit Police Versus Everybody Else

The new regulatory framework for deer breeders includes:

• Newly created Interim Breeder Rules
• Clarifies that Chronic Wasting Disease (CWD) management zones function “on their own terms”
• Moving deer requires a designation for a facility as Movement Qualified (MQ)
• Only vets can collect samples for ante-mortem testing
• Provides for ante-mortem testing of all deer, eliminating the 16 month residency rule
• Provides for year-round submission of ante-mortem test results
• Post mortem testing samples can be obtained by a vet, a TAHC-certified CWD sample collector, or someone approved by the TPWD
• Establishes a 3:1 ratio for ante-mortem test results that may be substituted for post-mortem test results
• Creates 3 levels of breeder facilities TC 1 (lowest risk), TC 2, and TC3 (highest risk)

Texas Parks and Wildlife Department Chapter 65 Proposed Rules Effective August 15, 2016

Let’s look at how NBC News portrayed the local fracking ban in Denton:

Words used to describe those opposed to fracking: 

• NBC’s words: 
  • not a lot of experience
  • committed
  • driven
  • “inspiring victory for grassroots organizing and local democracy”
• The supporters description of the opposition:
  • “were in Vladimir Putin’s pocket and were trying to protect Russia’s share of the global natural gas market”
  • People in Denton ” lacked the sophistication to address technical matters like fracking”

Words used to describe those supporting fracking:

• NBC’s words:
  • “the views of ordinary people don’t count for much”
  • ruthless conservative power grab
  • “runs roughshod over the authority of local governments to determine the direction of their own communities”
• The fracking opponents description of the supporters:
  • . “I was worried about fracking to start with. But now I’m worried about democracy.”

The trigger that started the opposition to fracking: Drilling wells in “quick succession across the street from a playground, a hospital, and a row of homes”

NBC News | What Happened in Denton. The War on Local Democracy

What’s happening with short term rental regulation in California? The Legislature is pursuing statewide regulation

What do home sharing comapnies like Home Away and AirBnB support? A tax collection bill, SB 1102

Why do cities and labor groups oppose in SB 1102? It shields the names and addresses of their hosts

The Recorder | Five Bills to Watch in the California Legislature

The Court: New Jersey Supreme Court

The eminent domain: Taking a personal residence by the  Casino Reinvestment Development Authority

The Court Ruling: There is no public use, and no legislative authorization, because the special district didn’t have a clear plan

Washington Post | Court strikes down taking that is “a manifest abuse of the eminent domain power”

Hyperloop travel time from Austin to San Antonio: 15 minutes

Hyperloop financing structure: Private

Hyperloop use of eminent domain: No eminent domain will be used.

Texas Monthly | Will Texas Soon Be Home To The Fastest Train In The World?

Previously on InformedIntel, 14 July 2016:

Texas Transportation Project Saying No to Eminent Domain. Yes to Profit Sharing with Landowners.

The start up:    Transonic Transportation LLC

The rail project:   A hyperloop connecting Austin & San Antonio

The use of royalties instead of eminent domain: Instead of acquiring land, the model involves giving dividends and profit sharing to landowners

The pro-private proeprty rights angle: Since hyperloop track would be build on pylons, there is no barrier to access to land, unlike when tracks are laid on the ground.

San Antonio Business Journal | Exclusive: Making way for bullet trains, SA startup’s strategy to use royalties not eminent domain

Which city sought to aquire by eminent domain a water utility? Missoula, Montana

Who does the city allege acted in bad faith? The Carlyle Group

Where did the Courts fall on eminent domain? Montana Courts sided with Missoula to allow eminent domain against the water utility

What bad faith actions does the city allege against the Water Utility & its holding company?

• fraud
• negligent misrepresentation
• deceit
• breach of fiduciary duty
• deceptive and unfair acts and practices
• civil conspiracy
•  bad faith
• breach of contract
• actual fraud and malice

The Missoulian | City will pursue ‘bad faith’ claim against The Carlyle Group

Why is Airbnb is suing the CIty of Anaheim? A local ordinance makes Airbnb liable for short term rental proeprty owners who violate city ordinances.

What violations of local laws are we talking about? the ordinance requires Airbnb to remove unlicensed listings within 10 days of $500 for the first offense, $1,000 for the second offense and $2,000 for a third or subsequent offense.

Is this local law trending? yes, Airbnb also sued San Francisco for fines the city is imposing on the hosting site for property owners that are not licensed

Los Angeles Times | Airbnb sues Anaheim over law that makes the rental site liable for hosts who violate city law

The key issue: Business owners, who do not own the business’s property, may be forced into move 

The eminent domain issue: Texas does not recognize a comepnsable value for a tenant business

Do other states compensate a tenant? Yes, look at California

The property in dispute & the project: A new dental school facility at Texas A&M may require that the university acquire the property occuppied by the Elbow Room

Does this sound familiar, a popular establishment near a university facing eminent domain? In 2005 Players, at the University of Texas at Austin, was protected from eminent domain in the Texas Legislature’s ban on eminent domain for economic development.

KFAA | Texas may use eminent domain to elbow out the Elbow Room

CW 33 | Dallas Dive Bar Being Elbowed out by Texas A&M

NBCDFW | A&M College of Dentistry on Eminent Domain Takeover of Deep Ellum Bar

National Geographic’s website has a feature piece entitled, Palmetto Pipeline: An Eminent Problem. Here’s what you need to know:

• Southerners aren’t opposing pipelines for environmental reasons, but for private property reasons.
• What didn’t sit well with landowners is that the pipeline can take an easement via eminent domain, leaving the property owner to pay taxes on land that it can’t use because the pipeline is on it.
• In 2016, government officials denied eminent domain because there was not enough public benefit.
• Much of the land was near the  Savannah River, and may property owners are set on keeping the integrity of the waterway.

National Geographic | Palmetto Pipeline: An Eminent Problem

The State: California

The win: Landowners who sought compensation for extensive geological and environmental testing that included:

• multiple days of precondemantion access to land
• over a two-year period
• with the removal of soil borings to 150 and 300 feet

The public works project: A water tunnel under the Bay Delta as part of a new water delivery system

Matteoni, O’Laughlin & Hechtman | California Supreme Court Issues Major Ruling Regarding Landowner Compensation For Those Affected By Governor’s Proposed Water Plan To Tunnel Under Bay Delta

Which governmental entity vetoed an eminent domain project? Outagamie County Executive 

What governmental purpose was the project fulfilling? A new Sheriff’s department facility

What was the reason for the veto? It came to light a private company would operate the facility and create 100 jobs

WeareGreenBay.com | Outagamie County Executive to veto eminent domain plan

Which governmental entities are involved in this eminent domain case? York City Redevelopment Authority

What was the final offer price for the property? $65,000

What was the jury award?  $1.25 Million

How long did it take for the jury to award 19 times the offer? 30 minutes

Fox Rothschild LLP | David Snyder Wins $1.25 Million Verdict in Eminent Domain Suit Against York City RDA

• Economic principles do not apply to eminent domain because there is no willing buyer and no willing seller involved in eminent domain
• Behavorial economics loss aversion shows that people would pay less for other people’s property than they would accept as a purchase price for their property

Bangor Daily News | Eminent Domain, Just Compensation, and a Raw Deal for Homeowners

Which eminent domain case is resulting in landowners attorneys fees being paid by the condemning entity? TransCanada Pipeline vs. Nebraska land owners

York News Times | Nebraska Judge Orders TransCanada to Pay Legal Costs of Keystone XL Landowners

Why are normal eminent domain laws being bypassed? Because eminent domain will be too costly and will take too long

What is the eminent domain project? A dam

Which legislature created this eminent domain loophole? North Carolina

What 5 things do we need to know about this work around to normal North Carolina eminent domain laws?

• Quick take eminent domain was passed for this project
• Quick take eminent domain allows the dam builder to take possesion of the land immediately
• Quick take eminent domain allows the price of the land to be degermined later, after the project has started
• The quick take eminent domain is limited to this damn project
• The quick take eminent domain law is limited to 3 years in total

Fayetteville, NC Observer | NC House OK’s bill to help Hope Mills get land for lake; landowner feels wronged

The Federal Avaiation Administration finalized the first round of drone rules. 

6 Key Points:

• Drones must maintain a maximum flight speed of 100 miles per hour and a maximum height/elevation of 400 feet.

• The drone must remain in the operator’s visual line of sight (using a drone’s camera does not satisfy this requirement).

• While flight is limited to daytime use, operators will be allowed to fly their drones 30 minutes before official sunrise to 30 minutes after official sunset, provided they have appropriate anti-collision lighting.

• Flights over people are still not allowed unless the people are directly participating in the drone’s operation.

• Flights in covered structures or covered stationary vehicles are not allowed.

• While an FAA airworthiness certification is not required, the drone operator must conduct a preflight visual and operational check to ensure the drone’s safe operation.

National Law Review | New Drone Operational Rules Finalized by the FAA

The start up:    Transonic Transportation LLC

The rail project:   A hyperloop connecting Austin & San Antonio

The use of royalties instead of eminent domain: Instead of acquiring land, the model involves giving dividends and profit sharing to landowners

The pro-private proeprty rights angle: Since hyperloop track would be build on pylons, there is no barrier to access to land, unlike when tracks are laid on the ground.

San Antonio Business Journal | Exclusive: Making way for bullet trains, SA startup’s strategy to use royalties not eminent domain

What trade partcices allegations are being made against short term rentals?

• discrimination
• inconsistent tax collections
• violations of local health and safety regulations

What’s the solution proposed to curb this? Increased data collection of short term rentals with FTC monitoring

What would this look like as city ordinances or state laws? 

• Data collection requirement by the oversight agency to record ethnicity of renter,
• Tax collection data linked to the short term rental property
• Tracking of health and safety code violations.

The Recorder | Three U.S. Senators Urge FTC Investigation of Airbnb

What local government fines are home share platforms facing?

• In San Francisco, AirBnB and other home sharing services face $1000 per day fine for every unregisered host
• In New York, fine anyone who rents a whole apartment for fewer than 30 days, which has been illegal in New York since 2010

What’s the basis for the San Francisco lawsuit? 

• Feeral law prohibits holding websites legally accountable for the acts of their users

New York Times | Airbnb in Disputes With New York and San Francisco

Which eminent domain legal fight turned constitutional? The Trans Pecos Pipeline

Why do landowners believe Texas eminent domain laws are unconstitutional under the federal constitution? Because property is deprived before due process in that land is taken before the legal issues are resolved

The potential impact of this litigation? A ruling for the landowner impacts all eminent domain processes in Texas. Potentially stopping the ability for comdemning entities to build while litigation unfolds.

KWES News West 9 | Landowner suing Trans-Pecos Pipeline, challenging constitutionality of state law

Pending Litigation. 

See RQ-0113-KP submitted b Byron Cook & Closed Annotation in AG Opinion Request index

New York is imposing a $500 fine per day for banks that do not maintain homes that are foreclosed.

Time Warner Cable News | Gov. Cuomo Signs New Law Tackling Zombie Property Blight in NY

The Expert: Stanford University economics professor Alain Enthoven

The Subsidy angle: Eminent Domain is a subsidy.

A conservative writer points to Enthoven and 2 other “experts” to support the argument that subsidies will be involved in Texas High Speed Rail.

Ft Worth Star Telegram | Crystal Wright | Is rail company lying about building Texas bullet train without subsidies?

Where: North Carolina

The constitutional changes for Eminent Domain in North Carolina:

• Strike public benefit. Limit eminent domain only for direct public use
• Requires Compensation to be required by a jury, if the land woner so chooses

WRAL | Senate proposes three constitutional amendments

Where:  Denver

The home share ordinances in Denver:

• Only primary residences can qualify
• Only for less than 30 days
• Licensing required
• Property Owner collects the lodging tax

Denver Post | Denver nears finish line for rules on short-term rentals, but proposal faces grumbles

Are zoning laws usually the enemy of tiny houses? Yes. Zoning laws often prevent tiny houses.

• tiny houses can violate zoning by location
• tiny houses can be too small to comply with single family residence codes
• tiny houses can violate codes that require residences be connected to local utilities

What is the argument against allowing tiny houses in zoning ordinances? That property values will diminish by permiting tiny houses

Are tiny houses running amock with building codes? Somestimes yes, Some builders follow building codes, other times any staircase in a tiny house can violate uniform building codes or lofts are not tall enough.

Governing | Tiny Houses: Affordable, Energy-Efficient and Often Illegal

Which city passed new short term rental rules? Chicago

What was said the councilmembers? 

• This is about a new economy.
• Chicago is racing to keep up with new economic drivers.
• “This is the ‘Jetsons.’ We’re not going back to the ‘Flintstones,'”- Alderman Moreno

How are the new regulations described? “Dizzyingly complex”

What are 5 regulatory highlights?

• Different types of residences are regulated differently
  • a building with 5 residences, only 1 can be used for short term rental at a time
  • larger buildings are capped at 6 or 25% of the units, whichever is smaller
• Precinct by precinct initiative and referendum permited to allow an alderman to amend the local code for the precinct
  • local areas can choose to either:
    • outlaw new listings
    • allow new listings only in the “primary residences” 
• 4% tax to fund homeless services
• $60 ad fee for each online posting of a short term rental
• $10,000 local license for the short term rental hosting service

Chicago Tribune | Airbnb rules easily pass Chicago City Council despite vocal opposition

Joining other courts, which appelate court denied immediate eminent domain authority for a pipeline? A Pennsylvania appeals court

What argument is made to deny eminent domain authority to the pipeline? 

• The pipeline has not obtained approval from the state agency that must approve a certificate of convenience and necessity to trigger eminent domain authority
• Plus, the pipeline is interstate
  • so it can’t be regulated by the state
  • and, there is no interstate eminent domain authority
• There is no public benefit to Pensylvania because the goods carried on the pipeline will be used for export

State Impact Pennsylvania | Appeals court clears way for eminent domain suit against Sunoco Logistics

• The land taken for the infamous Kelo case, remains largely undeveloped and thus not an increased tax revenue source
• The job creator, Pfizer, left before its property tax exemption expired, and would have increased its taxes by 400%
• New London lost 1,500 jobs when Pfizer left

Legal Solutions via Reuters | TODAY IN 2005: SCOTUS DECIDES KELO V. CITY OF NEW LONDON

Which large western state utilizes redevelopment agencies that have eminent domain authority? California 

When did redevelopment use of eminent domain slow? During the financial downturn

Which use of emient doamin garnered the ire of property rights advocates in California?

• The use of eminent domain 
• To transfer private property to another private party
• The transfer, used by school districts & local governments, was to increase jobs or increase tax revenues

What’s the California Legislature doing now to eminent domain for redevelopment?

• Increase funding for redevelopment efforts
• Redefine blight to allow for property where the median income is below the state average

What has the California Legisaltive Analysts Office said about eminent domain for redevelopment? 

• ““The state’s costs associated with redevelopment have grown markedly over the last couple decades, yet we find no reliable evidence that this program improves overall economic development”
• Any increase in jobs would have resulted without the redevelopment agency use of, or threat of,  eminent domain 

California’s AB 2492 (2016)

San Diego Union Tribune | Op-Ed Pacific Legal FOundation | Lawmakers move to revive abusive eminent domain

Which state has a constitutional right to farm on its November 2016 ballot? Oklahoma

What eminent domain protections does it include?

“The Legislature shall pass no law which abridges the right of citizens and lawful residents of Oklahoma to employ agricultural technology and livestock production and ranching practices without a compelling state interest. Nothing in this section shall be construed to modify any provision of common law or statutes relating to trespass, eminent domain, dominance of mineral interests, easements.”

What do opponent claim is the intent of the constitutional amendment? To allow a water rich protion of the state to sell water to water poor areas of the state and to neighboring state, Texas.

The ADA News | Right to water? Right to Farm opponent expresses concerns about possible water grab from eastern Oklahoma if constitutional amendment is passed by voters

Who filed suit against the City of Austin short term rental ordinance? Texas Public Policy Foundation

What’s the goal of TPPF?  No licenses for property owners who lease out property for less than 30 days

What 2 constitutional rights are alleged in the lawsuit? The Right to Assemble. The Right to Privacy. 

How does TPPF address the argument that short term rentals are nuisances? That the city data does not support the city’s claim that the nuisances warrant special regulation

How many times does TPPF say property owners were prosecuted concerning short term rentals? 5 times. All 5 were for operating without a license.

Dallas Morning News | Ordinance targeting renters stirs up sharing economy fight over Airbnb in Austin

TPPF | TPPF Files Lawsuit to Halt City of Austin Short-Term Rental Ordinance

Let us count the ways that eminent domain is destroying land, irreplaceable landscapes and precious natural resources in Texas:

• Private companies using land for profit
• utilities and infrastructure running rampant
• The proliferation of MUDs
• MUDs serve private developers 

Wimberley Valley Watershed | How Eminent Domain Abuse is Destroying Texas’ Most Valuable Landscapes

The Requestor: Chairman Byron Cook initiated RQ- 0113-KP about Texas Central Rail

The Questions asked of the Attorney General:Do the parties have eminent domain authority to condemn property for Texas High Speed Rail?

The Facts and Statutes key to whether Texas Central Rail has eminent domain power:

• surveyors have been requesting pre-condemnation access to land to survey for the purpose ofplanning, building, maintaining and operating an electric rail road.
• pre-condemnation access can only exist because the entity has the power of eminent domain
• High Speed Rail has gone so far as taken landwoners to court for not allowing pre-condemantion access
• High Speed Rail claims Sections 81.002, 112,051, 112.053, 131.011 and 131.012 of the Transportation Code support that it is a railroad that has eminent domain authority under the Transportation Code
• High Speed Rail meets neither the formation date requirement nor the current operation as a railroad requirements of Transportation Code Sections 81.002 
• High Speed Rail fails to meet the definition of interurban electric rail in Section 113.011 and 113.012 because Texas old civil statutes define interurban electric rail and it is not high speed rail for these reasons:
  • High Speed Rail is not a Section 81.002 railroad
  • Civil Statutes show interurban electric rail was to connect suburbs with their cities
  • Interurban rail has to be completed within 1 year of condemnation
  • They sell energy to the public
  • Require municipal approval for tracks that traverse a city

KOXE | Lawmaker Revives Eminent Domain Question for Dallas-Houston High Speed Rail Project

Gilmer Mirror | Lawmaker Revives Eminent Domain Question for Bullet Train

Which state legislature has formed a Pipeline study group to recommend eminent domain reform? Georgia in coordination with its year long prohibition on eminent domain by pipelines

What is required of the 13 members of the Pipeline Study Group?

• Between June- December hold up to 5 hearings
• Issue a report by December 31, 2016
• Examine whether petro-pipelines eminent domain powers are:
  • prudently exercised
  • responsibly conducted
  • consistent with the state’s essential public interest

Who sits on the pipeline study commission?

• 3 Senators
• 3 State Representatives
• The director of the Environmental Protection Division of the Department of Natural Resources or his or her designee
• The commissioner of community affairs or his or her designee;
• 5 Governor appointees, including:
  • 1 member representing the petroleum industry
  • 4 members representing a cross-section of the interests of local government, business, agriculture, and conservation.

Savannah Now | Pipeline study group forming in Georgia to look at eminent domain

Private property rights protestors are protesting a Trump campign fundraiser in Atlanta.

Call it bad timing: The Trump fundraiser is occuring when a national convention of private proeprty rights advocates are gathered in Atlanta for the “Pipelines and Eminent Domain Strategy Session.”

Bold Nebraska | Eminent Domain Advocates to Protest at Trump Rally in Atlanta

Which city in the Northwest is proposing new short term rental ordinances? Seattle

The intel you need to know:

What opponents to Seattle’s regulations say:

• Seattle’s regulations “deprive [Seattle property owners] of our ability to keep ourselves afloat” during hard times
• Harming people who provide inexpensive accommodations to visitors to Seattle, who then spend money in Seattle
• Disrupting Seattle’s social fabric by allowing short term rentals that bring people into neighborhoods who don’t care about the neighborhood

What supporters of Seattle’s regulations say:

• Allows “part-time entrepreneurs to thrive while reining in large-scale, commercial operations”
• Bed and breakfast owners say the regulations level the playing field

What the regulations say:

• Only property owners, who are renting out their homestead, would be able to legally offer short term rentals year round
• Property owners, not renting out their homestead, would be capped at 90 days during 1 year

Seattle Times | Airbnb, other short-term rental hosts speak against proposed Seattle rules

Which state has an ombudsman, or public counsel, for eminent domain? Missouri

What does the Missouri Office of Public Counsel do for Missourians facing eminent domain?

•  providing property owners with guidance on the condemnation process
• documents the use of eminent domain in Missouri and provides the Legislature with an annual report of how Missourians are affected by eminent domain

Which state agency houses the Missouri Office of Public Counsel? Missouri’s Public Utility Commission

The Missouri Times | Meet the Missouri Office of Public Counsel

Wisconsin legislature is pushing forward with a Land Owner Bill of Rights.

Why does the Land of Cheese think Land Owner Bill of Rights is necessary? The need for more information during eminent domain being used by an ” overbearing government”

What 9 elements are in Wisconsin’s Home owner Bill of Rights?

• Controlling Property Taxes
• Broadband Access
• Energy Security and Affordability 
• Eminent Domain Reform
• Regulatory Takings Reform
• Right to Fly the Flag
• Right to Privacy on One’s Property
• Maintaining legal uses for property at time of purchase fee from new laws and regulations
• Smart Growth Reform

WI State Represeentative Tiffany Press Release

What eminent domain issue sparked this activist rebuke? Johnson Ranch MUD approval of eminent domain proceedings against neighboring farm lands

What did the property rights activist say? That the Legislature is ready to remove the power of eminent domain from MUDs.

New Braunfels Herald Zeitung | Activist: MUD should expect eminent domain change

Why did the East Montgomery County Improvement District sue TXDOT? The board thought it was important to show a jury the loss of value in the land:

• lost a great deal of functionality as a large event community center
• Condemned property  included a parking lot that affects functionality
• The State’s proposed remediation parking plan was inadequate to serve the district’s needs or that of the community
• Condemned Property prohibits expansion of the districts education wing

What was the offer by TXDOT? $1.6 million ($2 — $2.50 per square foot)

What was the jury award? $4,032,142 ($7 – $7.50 per square foot)

East Montgomery County The Observer | Montgomery County jury awards EMCID $4 Million in TxDOT Land Condemnation Case

Lots of dollars going into pipeline investment.

• U.S. has the largest netowrk of pipelines.  more than 2.5 million miles of pipes
• High Annual Investment. American petroluem Institute says average annual investment will be above $80 billion until 2020

This issue unites Rs and Ds.  Liberal enviromentalists join with libertarian leaning propety rights advocates

Its made an impact:

• 2 states, SC and GA, have passed prohibitions on pipelines using eminent domains
• Multiple courts have sided with landowners and limiting pipeline takings

No eminent domain for private gain is the new Kelo.

Washington Post | Volokh Conspiracy | The growing battle over the use of eminent domain to take property for pipelines

Which state reformed civil asset forefeoture laws? Ohio

Does the OH legisltion require conviction for forfieture? No, it permits forfeiture if criminal charges can be filed against the person.

Do local governments have access to the proceeds at the time of forfeiture? No, the assets are put in escrow until conviction

Ohio HB 347

Americans for Tax Reform | ATR Congratulates Ohio for Passing Civil Asset Forfeiture Reform

New Sharing Economy Business Trend: Rent a Human to Guide you through the interesting aspects of the area of your short term rental.

The Rent a Human Program Name:  City Hosts. Like a Zombie Hosts on a Human.

the Goal: Like the AirBnB commercials, short term rentals are about the experience

Example Experiences:

• Adventures with a kite surfer in SF
• Vietnamese cooking lessons with a Parisian chef
• Tour London’s Grime music scene with a record scout

Example Regulations: Do Experience Guides need business licences?

Tech Crunch | Airbnb begins testing City Hosts program to give guests guided one-of-a-kind experiences

Which Republican Governor signed a bill prohibiting eminent domain by private, for-profit companies? South Carolina’s Nikki Haley

Is eminent domain preservered for governmental entities? Yes

WRAL | Law on concealed guns among more than 40 signed by Haley
 

Where in Texas is a church facing potential eminent domain situation?  Longview

What is the discrepancy in compensation?

• The city offered offered $1,049.50
• An appraiser has appraised the value of the land to be taken at  $71,209.00

What trends have been happening with eminent domain & churches?

• The City of Houston in 2015 backed away from a plan to include a church in an eminent domain qualifying housing project
• Courts in Kentucky have said that the church’s 1st amendment rights trump a government’s ability to use the 5th amendment to take private property.

KXXV TV 25 | Church owners resist Longview taking by eminent domain

Is eminent domain on the table for the Vista Ridge Pipeline connecting to San Antonio Water System? YES

What does SAWS predict as a reason to say No to a Vista Ridge purchase offer? Rural lands that have been in a family for generations.

What does a landowner in the path of Vista Ridge say is his concern and reason he opposes Vista Ridge? His land’s water well drops. The background:

• This property owner’s water well dropped 17 feet when Blue Water, a member of the Vista Ridge Constorium, began pumping water in the area
• His well water dropped 20 feet in 1989 when Alcoa plant began operation

San Antonio Current | Landowners Who Resist the Vista Ridge Pipeline Could Face Eminent Domain Battle

What state was moving a bill that would require natural gas pipelines to buy any land within 250 feet of a natural gas line? New Hampshire

Would the natural gas comapny be required to by all or part of the land? All of the land as long as part of the land was within 250 feet of a natural gas line?

How far did the bill get? Passed through one legislative chamber, died on the last day of consideration of bills in the second legislative chamber. 

Eagle Tribune | Lawmakers kill new police funding, eminent domain bills

Which city is trading building permits for land? The City of Perris, California

What was the city’s policy? Its called a dedication requirement. Here’s how it works:

• Property owner wants to build on their property.
• Property owner needs permits.
• City takes part of your land when you get your building permit

Why is the City of Perris taking land when permits are issued?

• To suppress the fair market compensation value of land
• Later, the city will take more of the owner’s land via eminent domain
• But, by taking land in exchange for the permit, the city is lowering the value of the land

Is there a pending legal case? Yes

• Land owners had agriculture land that was also zoned for light industrial use
• A Lowes distribution center needed an access road
• because of the dedication requirement, the land needed for the access road is valued as agricultural land, and not its highest and best use of light industrial use

Pacific Legal Foundation | City of Perris v. Stamper update

Who:     People’s Department of Environmental Justice, a group of private property rights protestors in Vermont

What:    Staged a mock eminent domain survey at the private residence of a Vermont Public Service Commissioner

Vermont’s NPR News Source | ‘Mock Eminent Domain Proceeding’ Staged At Public Service Commissioner’s Home

• Curtailing drone use kills innovation
• Existing legal recourse for the privacy violations touted by drone legislation supporters
• Keep off my lawn is not governing when  the future of our delivery infrastructure is at stake

The Wall Street Journal | Should You Be Allowed to Prevent Drones From Flying Over Your Property?

• New IRS regulations
  • will make it harder for special districts to borrow money tax-free
  • IRS says special districts are benefitting by a tax rgulations meant for cities, not for special districts
• Special District Growth
  • 39,000 special districts in the U.S.
  • spending more revenue than all cities in the U.S. combined
• Changing the defintion of local government
  • ​IRS standard is any 1 of these 3 makes an entity a municipality:
    • Does it have the power of taxation?
    • Does it have the power of eminent domain?
    • Does it have police power?

Governing | Redefining ‘Special Districts’ Could Have Big Taxing Consequences

Which Texas Congressman wrote to the Surface Transportation Board about opposing high speed rail in Texas? Congressman Brady

What is Congressman Brady’s opposition to high speed rail in Texas? 

• Congressman Brady opposes accelerated use of eminent domain or construction
• Congressman Brady says the route is wrong
• Congressman Brady opposes financial loans for high speed rail from the federal government

What is Congressman Brady’s opposition to the high speed rail route? 

• The route “splits and really damages our rural communities”
• The route will devalue land 

Is this a consistent position for Congressman Brady? Yes, he opposed a similar project as a state senator

Madsonville Meteor | Brady comes out against rail plan

When will be the next vote by the Texas Parks and Wildlife Department Commissioners on deer disease reforms? 30 day delay from Thursday, May 26, 2016 TPWD decision to delay the vote

What 2 things did the TPWD proposed rules do?

• New testing of deer for disease
• Radio chipping deer

Who supports the TPWD proposed rule? Property rights advocates. Why? The rules could contain the spread of disease from breeders to herds on private land

Who opposes TPWD proposed rules? Deer breeders. Why? Proposed rules are an over-correction

Statesman | Texas Parks and Wildlife commissioners hold off on deer disease vote

What transportation project may impact Apple facilities? Bay Area Rapid Transit (BART) wants to connect San Francisco to San Jose by adding BART down the penninsula.

An Apple facility is part of the plan? Yes, an Apple facility is planend to be used for construction and may be a transit hub.

How is eminent domain playing? Officials are concerned that eminent domain will be expensive as Apple has spent millions on upgrades to the facility

Business Insider | A secret Apple warehouse is on land the government wants for a new Silicon Valley train station

This year Texas law schools began offering classes specifically focused on eminent domain.

UT’s class will  look at the “tension between the public’s need to accommodate growth and private property rights.” u of H will follow this fall with a similar course.

UT’s class is believed to be the only class in the nation focused on private proeprty rights & eminent domain.

Update: High Speed Rail replies to Ennis County:

• Texas Central” does not seek to remove protections afforded to landowners under Texas law”
• Texas Central Surface transportation Request … “does not change or override any state landowner protections.”

Ennis Daily News | HSR rebuffs claims

May 8, 2016, Informed Intel:

The Ellis County Press published an Op-Ed from Texans Against High Speed Rail.

What points does Texans Against High Speed Rail make in its Op-Ed?

• Texas Central Rail doesn’t have its funding in place
• Texas Central Rail has no problems using eminent domain to take land it doesn’t need
• Texas Central Rail is asking the federal government whether it has to comply with Texas eminent domain laws

Ellis County Press | TCR proposes to acquire land it ultimately won’t use to satisfy investors

First came Georgia, then comes South Carolina to ban eminent domain for pipelines.

Independent Mail | Pollution, pipeline bills await South Carolina House votes

South Carolina SB 868

What city is addressing blight by “treating the source?” Memphis

How much blight is in Memphis? 16% of housing stock is vacant

What are the 3 goals of the Memphis Neighborhood Blight Elimination Charter? 

• economic development
• quality of life
• coordination among exisiting local governmental agencies that tackle blight

What entities are involved with the Memphis Nighborhood Blight Elimination Center?

• nine government agencies
• nonprofits
• private businesses

What were tangential legislative changes that dovetail into the Charter?

• Shortening the time that delinquent taxpayers have to redeem their properties — from one year to 30 days 
• Memphis City Council created a land bank that razes, cleans up, and will buy blighted properties

Memphis Neighborhood Blight Eliminiation Charter

Governing | It Takes a Village: The Idea Behind Memphis’ Anti-Blight Strategy

Cities should not block short term rentals because:

• Its an economic boon that levels peak pricing by hotels
• It frees “trapped capital” like the unused spare bedroom
• It is not shown to make housing less affordable

The solution to neighborhood concerns:

• Amend existing noise or traffic ordinances

Trib Talk | Josiah Neeley | R Street Institute | Texas cities shouldn’t block short-term rentals

Which city is moving forward to regulate short term rentals after “animal house” complaints? Chicago

What regulations are being considered?

• Commerical regulation for any property rented out for more than 90 days within 1 year
• 4% surcharge to online rentals with revenue dedicated to homeless services

Chicago may regulate Airbnb home sharing amid ‘Animal House’-style complaints | Chicago Tribune 

A group of physicians writing in the Washington Post argue the federal government should be able to use eminent domain for drug prices. 

The intel:

• The federal government has the power to use patents
• The federal government has used this “eminent domain” power of drugs in 2001
  • It was used as leverage during the 2001 anthrax attacks when the federal government suggested it would import the drugs rather than buy the drugs through Bayer. Bayer lowered its price and reached an argeement with the feds.
• Phamraceutical company compensation could be set adequately to ensure an “adequate return and protect companies’ incentives to invest in innovation”

A simple way for the government to curb inflated drug prices | Washington Post Op-Ed

Little Pink House, a film starring an Oscar nominee, tells the story of Suzette Kelo and her eminent domain fight against the City of New London, CT.

 “This film tells the real-life story of Susette Kelo, a blue-collar woman who dared to stand up against white-collar powerbrokers, and Susette’s inspirational story is conveyed with power and grace by the wonderfully talented Catherine Keener.”

Theatrical release will be late 2016. 

Northernstars | News from Cannes 

Which County Commissioners voted to oppose Texas Central Rail high speed rail plan? Navarro County Commissioners 

The number of counties staking claim to official opposition: 7

The basis for the opposition in Navarro County? Oppose the granting of eminent domain authority to the private high speed rail

County Judge names legislators who support the County Commissioner opposition resulation: Representative Byron Cook and Senator Brian Birdwell

Corsicana Daily Sun | County Commissioners oppose High Speed Rail

What transmission line is this state & federal legislative re-write concerning? The  Plains and Eastern Clean Line high-voltage transmission, a clean energy line traversing Arkansas, Missouri & other central states 

What caused the hoopla? Missouri & Arkansas chimed in when the transmission line sought eminent domain but wasn’t providing power within each state.

What are the arguments bandied about?

• Tangible public use. Congressman Cotton is ok with eminent domain, if the communities impacted benefit from the use
• The Federal Fix. Congress has its hands on the Assuring Property Rights Over Vast Access to Lands Act that will:
  • Give states final approval for eminent domain for transmission lines
• State’s Rights.  
  • The federal government can’t usurp state power on granting eminent domain.
  • The federal government is making a  “blatant government overreach”
    • SOUND FAMILIAR? Sounds like federal granting of eminent domain for railroads

The Courier | Senators file amendment to block Clean Line funding

The Ellis County Press published an Op-Ed from Texans Against High Speed Rail.

What points does Texans Against High Speed Rail make in its Op-Ed?

• Texas Central Rail doesn’t have its funding in place
• Texas Central Rail has no problems using eminent domain to take land it doesn’t need
• Texas Central Rail is asking the federal government whether it has to comply with Texas eminent domain laws

Ellis County Press | TCR proposes to acquire land it ultimately won’t use to satisfy investors

Which state is considering expanding the use of eminent domain? California

Why the push to expand eminetn domain use? To clean up blighted buildings through special districts called Enhanced Infrastructure Financing Districts

What do these Enhanced Infrastructure Financing Districts​ do with eminent domain? Combat urban blight with urban renewal projects

What does California Assembly Bill 2492 do? Expands the number of local governments that can access Enhanced infrastructure Financing Districts

California Assembly Bill 2492

Op-Ed | Orange County Register | A bill Trump the developer would love

Will eminent domain be used by Texas Centeral Rail to build its Dallas-Houston high speed rail?  Only if deals cannot be reached

How did property owners in Waller County react?

• Waller County Judge Trey Duhon: “This is a huge eminent domain issue. Texas is a huge private property right state.” 
• A property owner turned away a precondemnation surveyor on his property & mentions their have target practice on their property
• Reports are that deals will never come.

High Speed Rail is turning into a standoff.

KHOU | Waller County landowners vow to fight high speed rail

• Federal Law Says So. The because I said so reason from the government for siezing drug companies patents is rooted in 28 U.S.C. section 1498. 
• Reasonable Compensation to Pharmaceuticals. Drug companies would get “reasonable and entire compensation”
• The government doesn’t have to get consent. The government can use any patent without consent so long as the compensation is ” “reasonable and entire.”

The question: does the fear of eminent domain to take drug patents bring about negotiations on drug prices?

Politico | Pulse Check Interview with CMS Administrator Andy Slavitt

The Incidental Economist | Eminent domain for drugs
Health Affairs | ‘Government Patent Use’: A Legal Approach To Reducing Drug Spending

Your informed intel:

The Legislature: Hawaii

The Bill passed: Hawaii’s  HB 1850 

The short term rental tax: 

• Who is collecting the tax? The tax broker short term lease facilitator (HomeAway, AirbNb)
• Which taxes are being imposed? general excise tax & transient accommodations tax
• Supported by short ter rental companies? Yes

Concerns:

• Is there enough accountability for the sharing economy companies?
• Sharing economy companies should be held accountable for illegal camping, illegal rentals in homes, or any health or safety standards.
  • The Response: The bill requires that sharing economy companies notify property owners that they must comply with land use laws

Pacific Business News | ​Airbnb tax broker bill passes state Legislature

What new issue did the Navasota County Judge rise about eminent domain and high speed rail? The impact to property values for property adjacent to property that is taken by eminent domain for high speed rail.

Why is concerned about neighboring property? Neighboring property owners do not receive compensation but will be impacted by Texas Central Rail.

Navasota News 1550 | County Judge Fights TCP In Austin Trip

Audrey Redford, a doctoral fellow with the Free Market Institute at Texas Tech University, makes these points about asset forefeiture in Texas:

• Texas is #1 in civil asset forefeiture according to the Institute for Justice
• Average annual total of seized assets:  $41.6 million
• $540.7 million siezed in the last decade
• It will get worse. last week DOJ announced it was resuming its Equitable Sharing Program, a civil asset forefeiture sharing program

How are asset forefeiture proceeds disributed in Texas?

• 70% goes to law enforcement
• Supplements salaries
• Pay for new equipment
• “also used for other important policing business like lavish trips to Hawaii, gambling trips to Vegas, and booze and a margarita machine.”

3 Solutions for Texas:

• Look to Florida. Require police to file criminal charges before seizing property.
• Look to Montana and New Mexico. Require a criminal conviction before assets can be seized.
• Look to New Mexico. “Eliminated the revenue-seeking incentive for law enforcement by requiring that all proceeds go to a general fund instead of directly to law enforcement.”

Dallas Morning News | Audrey Redford: How police can seize your property without a trial

What eminent domain reforms are being touted by a campaign?

• Deny eminent domain to private entities
• Shift Burden of Proof from the land owner to the condeming entity
• New Standard for Public Use:
  • ​a “purpose wholly for public use and necessity”
• Good Faith Negotiations by condeming entities
• Require a condemning entity to evaluate:
  • health and safety impacts of their project
  • weigh impact of alternatives to those requiring condemnation

Concord (NH) Patch | Rubens Proposes Property Rights Protections in Pipeline Proposals