State courts in which state are grappling with eminent domain for a pipeline over landowner objections? Pennsylvania

What 3 considerations did the judge list in approving eminent domain to move forward?

• Declaration of Taking complies with state law
• Pipeline’s condemnation plans are “sufficient to properly identify the disputed acreage”
• Pipeline is financially stable to pay for any potential damages

Daily Item | Judge upholds eminent domain for PPL

How did a tornado recovery lead to eminent domain? To clean up tornado damage, a town undertook widening the main thoroughfare in a low income neighborhood

How was this project funded? Federal Funds

Were the federal government or the local government tasked with implementing the plan to widen the thoroughfare? Local Government

How well was eminent domain received at the city council? According to 1 city council member, “” I have no appetite to vote for eminent domain takings,”

WAMC | Tornado Recovery Project Sparks Eminent Domain Controversy

How would a county in Texas be able to capture license plate information for the purpose of enforcing minimum libaility insurance statutes?

• Pass a Bill
• Give Counties specific authority to use certain equipment
• Give counties specific purpose to use the equipment
• Specify what the enforcement mechanism will be

How did we learn this step by step guide to county license plate reader use?  Because of Attorney General Opinion KP-0076 that answers  whether Bowie County can engage a private company to use a license plate reader data looking for vehicles that don’t have liability insurance?

Did the AG opinion reference a fee splitting arangement? Yes, the vehcile owner will get a letter from the District Attorney office, and fees will be split 50-50 between the County and the company.

Can this fee splitting arrangement with automatic license plate readers work? No, not without legislation.

What is the statutory solution to make automatic license plate readers ok for counties? Counties need specific authority for the “use of automated photographic or similar technology to enforce the state’s vehicle financial responsibility laws. ” That’s the basic bill draft done for you.

What does the Attorney General analysis look like? Its a laundry list of all the uses for photo enforcement in Texas. The highlights:

• statutes  limit what local government it applies to
• statutes limit specifically what can be captured by the photgraphic enforcement
• statutes limit the kind of penalty that is permitted. (i.e. civil or criminal penalties)

A state representative candidate in rural Utah pilloried using eminent domain for hike and bike trails saying:

““If its on a master plan, we’ll do what we have to do … but not just to run a trail that people think would be nice to have.”

Standard Examiner | Utah Republican Convention 2016: 3 northern Utah races contested Saturday

Who is making an argument about private property rights in cable boxes? Grover Norquist 7 Americans for Tax Reform

What sparked the private property rights argument? A rule change by the FCC which Norquist says would allow 3rd party to change and access content on cable boxes

What’s the issue really? Whether programming apps, like netlfix, Hulu, etc…, must be accessible by cable boxes.

What’s the argument by Norquist really? Cable companies have property rights in their cable boxes, let’s let these apps play by the same free market rules that all other television channels played by for decades

Americans for Tax Reform | Grover Norquist Submits Comments to the FCC on the Proposed Set Top Box Mandate

The property right: The Business of Deer Breeding

The lawsuit: Deer breeders sued the Texas Parks & Wildlife Department in Feburary 2015 over the taking of their property 

What was the property taking alleged by the property owners? The culling of the deer population was tantamount to a taking of private property by eminent domain

What happened in the lawsuit? TPWD claimed sovereign Immunity & the state district judge non-suited the case.

San Antonio Express News via the Chronic Wasting Disease Blog | Texas Deer-breeder drops suit against state over Chronic Wasting Disease CWD disease tactics

What case before the U.S. Supreme Court is about regulatory takings? Murr v. Wisconsin, No. 15-214

What happened to the property owner to spark this lawsuit?

• Property owners owned 2 adjacent, but separate, 1 acre lots
• A County Ordinance prohibits the sale or development of adjacent lots, if 1 lot is less than an acre
• The Property Owners said it prevented them from enjoying and using their land, and prohibited the sale of 1 of the acres
• The Court said, we have to consider both lots as 1 piece of property, and sided with the County 

In Amicus briefs to the United States Supreme Court CATO and Owners Counsel of America urge the Court to:

• Set a bright line rule that separate pieces of property shouldbe considered seprarately regardless of common ownership
• Regulatory takings  have an economic impact on the property tantamount to an exercise of the government’s eminent domain power. “In this area of law, the size of the property often dictates the severity of the impact – the smaller the property, the more severe the impact.”

OCA | Cato and OCA File Amici Brief in Regulatory Takings Case Before the U.S. Supreme Court

What state passed new eminent domain restrictions this week? New Hampshire. Freedom loving libertarian types, sound familiar?

What was the primary target of the NH eminent domain reform? gas pipelines, with some legislators laser focused on “outlawing” high pressure gas lines

What specific reforms happened in NH’s HB 1660? 

• eminent domain will now trigger a land use change tax in NH
• for high pressure gas lines, an entire piece of property must be acquired by eminent domain
• requires a public vote by a governmental body on the taking of property by a pipeline

Bedford Patch | Sanborn: NH Needs Stronger Landowner Protections

Who is arguing that Texas drone law is unconstitutional? A former federal judge

Is the Texas drone law being challenged in court as unconstitutional? Yes.

What are the issues taken with the Texas Drone Law?

• Violates Privacy of Texans on the Border by not applying privacy to 25 miles from the border
• Treats Texans on the Border different from other Texans violating Equal Protection
• No legitimate Texas law enforcement purpose for treating the border differently for privacy purposes
• Violates the supremacy clause under the U.S. Constitution

Texas Lawyer | Former District Judge Alleges Texas Drone Law Unconstitutional

Which state legislature  is negotiating a deal on home sharing taxes? California

Which tax options were rejected? a statewide system for collecting tourist taxes

What does SB 1102 require?

• ​Sharing company (AirBnB, HomeAway, et. al) would collect a local hotel tax
• Deals with local governments would not be preempted, allowing for local government opt out
• compliance would occur with the state controller
• retains privacy for property owners, who would not be disclosed to the state

The Recorder | Deal Taking Shape for Home-Sharing Taxes

What good acts did Dallas City Council do on eminent domain?

• After hearing from a constituent that could not afford to relocate based on the city’s offer, the city paused the project to find a better solution.
• City Council members also forced a review of the city’s eminent domain procedures
• City Council returned to a 2 step eminent domain process.
  • Step 1: Try to reach an agreement with the land owner
  • Step 2: When no agreement is reached, City Council must separately approve eminent domain procedures

Dallas Morning News | Editorial: Contrary to national headlines, Dallas council gets property cases right

What law enforcement agency was investigating land deals in North Texas? U.S. Department of Justice

What transportation project is involved? I-35 E expansion in Denton County

What crimes are alleged to be involved in these land deals?  conspiracy to commit mail fraud

What makes people believe real estate development was land speculation?

• accused of deceiving the Texas Department of Transportation by
• buying frontage land low
• asserting that the land was under development
• and selling the frontage land for $13 million to TXDOT

Denton Record | Two indicted in connection to 35E project

Dallas Morning News | Suspicious Dallas-area highway land deals with TxDOT lead to federal indictments

The Memorial City TIRZ, a special district, in located in west Houston, is geerating attention for these structural and operational problems:

• The TIRZ was created in 1999 by Mayor Brown
  • It called for “qualified neighborhood residents” to be the board members
  • Spring Branch West Super Neighborhood says appointees aren’t being vetted through them, and they have no representation on the board
• Flooding sparked a lawsuit against the TIRZ
  • A 2 year flood led the Residents Against Flooding to file suit
  • Real Estate development boom has led to flooding issues

Houston Press | Study: Houston Homes That Never Flooded Before Now Flood in a Two-Year Storm

Which publication took the side of a small business owner in an eminent domain situation in Dallas? Wall Street Journal

What is the Dallas eminent domain issue?  Dallas wants to acquire a local auto repair shop to create a gateway to its arts district

How is Dallas acquiring this property? Some say that Dallas zoning ordinances are being amended to prohibit the operation of the auto body shop. 

What did the editorial say about Dallas’ zoning law changes that caused businesses to close?

• Violatesproperty rights
• retroactivity strips property owners of due process
• forces property owners into forced sale of their property at a lower price

***This past Wednesday, Dallas City Council acted on the taking of the local auto repair business. Empower Texas***

WallStreet Journal | Dallas Property-Rights Abuse

Americans for Tax Reform & the ACLU Support California’s SB 443 that protects against abuses of the asset forfeiture system.

What protection is California adding before property can be taken via civil asset forefeiture?

• Requires a conviction before before local agencies can collect any proceeds from federal equitable sharing funds.
   

Americans for Tax Reform | Americans for Tax Reform Endorses California’s Property Rights Bill
10th Amendment Center | End the Status Quo on Asset Forfeiture

ACLU | On Government Abuse, Democracy, and Poverty… California Has a Long Way to Go

What great economic gains does Texas Central Rail points to with high speed rail? 

• $36 billion economic impact over 25 years
• TCR will pay $2.5 billion in taxes to state, counties and local governments
• The $10 billion project is a job creator, providing 10,000 jobs a year during the four-year construction phase and an additional 1,000 jobs, once the train is in operation.

What does Grimes County Judge say about economic benefits and the impact to eminent domain? Irrelevant. “The power of eminent domain is not granted based on how many jobs or taxes are generated by a company.”- Ben Leman, Grimes County judge and chairman for Texans Against High Speed Rail

The Battalion | Urban, rural parts of Texas draw further apart on high speed rail

What the land owner attorney says about the eminent domain lawsuits for the pipeline to Mexico :  

• No one has ever used eminent domain to build a pipeline that only delivers oil and gas to Mexico.
• The Railroad Commission does no investigation on whether the pipeline is a common carrier.

News West 9 | Pipeline company files eminent domain lawsuits against Big Bend landowners

What public project does Dallas want to build? A draingage tunnel project

How long has the family lived on the land? 60+ years

What does the property owner say? Can she buy another piece of similar property to live? She says, no, she can’t. In her words: ““My house is paid for — been paid for,” said Freddie Baker, 86. “They’ve got to give me enough money to pay for whatever I want, and I’ve got to live better than I’m living. I ain’t giving away nothing.””

Did the property owner impact City Council? Yes. City Council paused the project  and are reviewing how the city utilizes eminent domain.

What was the city’s offer for the land? $22,538

WFAA | After 60 years, South Dallas family faces eminent domain fight

Which State Legislature passed this eminent domain ban through its house? Iowa

What does the eminent domain ban mean for transmission lines? to qualify for eminent domain, a transmission line developer would have to:

• get in place right of way agreements with 75% of land owners
• within 3 years 

Is this happening elsewhere? Yes, loyal subscribers will recall the same issues in Missouri and Arkansas with similar results

Utility Dive | Iowa House passes bill to toughen eminent domain rules for transmission developers

Iowa HF2488

Friday’s Texas Supreme Court orders included accepting Denbury. They’re back like the Terminator and Poltergiest rolled into one.

• Even though the order was granted on April1st, it is not an April Fools joke. 
• In February 2015 the appellate court reversed the trial court that ruled in favor of Denbury pipeline.
• What was the losing argument last year? That Denbury was a common carrier. The court looked at the low number of third parties that had contractual arrangments for the pipeline.

Why does this matter? This case was part of the fire that fanned the flames at the RRC for the common carrier rule changes. Look for legislative fixes that cements a solution.

Texas Rice Land Partners v. Denbury

Texas Supreme Court Orders 4.1.16

Land along the border is largely privately held. To build a wall, private land has to be aquired by the government. Here’s one view:

Land transfered by the King of Spain was aquired to build the current partial border wall? Yes, land that had been held by the same family since the initital land grant from the King of Spain in 1767.

Surely the feds own some of the border lands? Yes, about 33% of the land is either federal or tribal lands

Where is most of the 67% of private land? TEXAS

CATO via Daily Beast | The Great Wall Of Trump Would Be the Ultimate Eminent Domain Horror Show

Washington Post | Donals Trump’s Great Wall of eminent domain 

Which texas companies were certified under the new drone certification system in Texas? HUVRdata (Austin) & Aviation Unmanned (Addison)

What entity does the drone certification? Texas A&M University System via its Corpus Christi campus and its engineering extension service

How is industry using drones?  wind-power, oil and gas and transportation industries to provide aerial inspections and mapping, and for port and border security and coastline monitoring

Houston Chronicle | First two Texas companies credentialed for drone operations

Which pipeline was scrapped citing legislative reasons? The Palmetto Pipeline set to run through South Carolina, Georgia and Florida

What caught the attention of the legislators and regulators? Whether a pipeline that traverses a state, without providing product to that state, can give the state a public benefit.

What was the action by the states on a legislative and regulatory level? Permits were denied & legislators paused the use of eminent domain by private entities so that the legislatures could dig deeper.

3 Ways this can hit Texas? 

• At this week’s Senate State Affairs, Chair Huffman said 9,000 entities in Texas have the power of eminent domain.
• On the House side, House interim charges are looking at the prevelance of special districts. Hint: Special districts have eminent domain power.
• Private Companies using eminent domain for controversial projects- private tollroad authorities in the Dallas area, High Speed Rail, Pecos Pipeline, SAWs water pipeline…

WSAV | Kinder Morgan Suspends Plan for Palmetto Pipeline, Opponents

WRDW | Suspending work on the Palmetto Pipeline

How to end low ball offers by Texas A&M Real Estate Center: make condemning entities pay attorney fees if the court award is x% higher than the initial offer.

Why make condemning entities pay legal fees?

• Paraphrasing Senator Nelson- these are unfair transactions, these sellers are not willing sellers.
• Paraphrasing TXDOT testimony- when we go to court, we usually have to pay 26% more for the property. 

Dallas Morning News | Here’s how to end ‘lowballing’ in eminent domain property cases, Texas legislators are told

How does a condeming entity bypass a covenent that restricts railways on their property? 

• Get your company designated as a common carrier by the TCEQ
• If you’re a quarry in Texas and need to move rocks, have a relationship with a nearby rail
• Have the railway use common carrier status to condemn land to “overcome restrictive covenants jointly entered by 43 property owners”

Tah, dah… Eminent domain by a private company in 3 steps thwarts restrictive covenants by land owners.

San Antonio Express News | Capitol Aggregates pursues new quarry in Medina County

Which FERC denial triggered a lawyer brainstorming session?  The denial of “Jordan Cove Energy Project, L.P. (Jordan Cove) for authority under Section 3 of the Natural Gas Act (NGA) to site, construct, and operate a facility at Coos Bay, Oregon, for the exportation, principally to Asia, of liquefied natural gas (LNG)”

What eminent domain issue to the lawyers point to? “the pipeline proposal’s impact on landowners and communities given the Pacific Connector’s need for eminent domain”

Which new standards of consideration emerged from the application denial?

• the need for the proposed pipeline
  • you have to show demand use 
• is it necessary because of another application approval? A separate approval does not make the project necessary 
• together it creates this test:  “the rationale of balancing benefits against burdens to determine the public interest” 

Lexology | Greenberg Taurig | Does FERC’s Denial of Authority to Construct Jordan Cove Signal a More Rigorous Test for Future LNG Projects?

Where did a state representative’s email cause a stir with a city council? Osceola Iowa

What did the representative say in this email? 

• The state representative’s committee “has issues” with the reservoir
• Raised a compromise of fixing 2 existing reservoirs in lieu of a new reservoir
• The Rep. strongly opposes the use of eminent domain for the reservoir

Osceola Sentinel Tribune | Kaufmann email leaves city council rankled

What oppositions to eminent domain influenced new eminent domain protocols in Dallas?

• Texas High Speed Rail’s “substantial muscle”
• Marvin Nichols Reservoir’s “powerful East Texans have joined in the “no more bullying” cry”

How has Dallas City Council adapted its eminent domain protocols?

• “delay the votes [ on  a waste water project eminent domain ] and instead demand that City Hall start doing business differently”
• concerns over relocation costs, and adequate compensation to purchase something comparable in the same area
• encourage city planners to develop plans that impact fewer residents
• separate the negotiation vote from the eminent domain vote, currently council considers the issue in one vote
• create a city safeguard to limit eminent domain

Dallas Morning News Opinion | Dallas City Council launches righteous fight to halt eminent domain tactics

The Tennessee Legislature is considering a de-annexation bill.

What cities would be impacted? Memphis, Knoxville, Kingsport, and Chattanooga

Does this cost local governments revenue?  Yes, Memphis alone estimates a revenue loss of $27 million. 

What does the bill do?

• Permits de-annexation votes
• Upon annexation, a local government will see a reduction in state revenue based on the new annexed revenue base

Tennessee HB 411

WCYB | Tennessee legislature to take up controversial de-annexation bill

Chattanooga Free Press | Tennessee’s speaker opposes controversial de-annexation bill

California Building Industry Association v. City of San Jose

• Keeps in place the California Supreme Court ruling that an affordable housing ordinance is not a taking of a developer’s proeprty
• It applies to developments of 20 more more units and requires 15% to be affordable

Beacon Resources Inc. v. W. Virginia DOT

• A fight over the value of mineral rights. The state wants coal land. The satte wanted to ensure lost profits were not included. The court refused.
• The case has been remanded and remains unfinalized on compensation for the minerals.

Lexology | U.S. Supreme Court Steers Clear of Two Eminent Domain Cases

Which Flower Mound mayoral cnadiate was motivated by eminent domain? Janvier Scott

What is her eminent domain tale? Flower Mound took her property in 2015 and use that property for othr private businesses.

What does she say about the eminent domain process?

• “extremely financially and emotionally expensive”
• “not something I would want for any other resident”
• “I know what it is like to be bullied by our town officials”

The Leader | Scott looks to protect Flower Mound’s resources

Where’s this rally taking place? Dallas

Why a rally? An immigrant owned auto shop doesn’t fit a retroactively imposed zoning restriction 

So, what’s the Dallas plan for this part of town? Turn Ross Avenue into a gateway to the city’s art community

Surely the auto shop is being compensated for the retroactive land use limitations that will close his business? No, the auto shop position is that no compensation is being offered in the city’s amoritization process.

Institute for Justice | Rally to stop unconstitutional land grab in Dallas

What is this new tax when land is taken by eminent domain? Maine’s HB 1660 applies a land use change tax to land taken by eminent domain. 

In theory, land not taken by eminent domain could not be subject to the tax, which could serve as a means to encourage negotiation.

Nashau Telegraph | House approves pipeline measures

In an editorial laying out why the Dallas Morning News opposes the Brazos Valley Council opposition to high-speed rail, there’s quite a statement about eminent domain.

From the editorial: ” But the eminent domain scare tactic is getting old.”

Why is the “eminent domain scare tactic getting old?”

• eminent domain is a quagmire for both sides
• because condemning entities want to settle, that could strengthen land owner negotiations over price
• landowners will still get to use their property

Dallas Morning News | Editorial | High-speed rail opponents are shortsighted

What state is proposing an eminent domain ban for transmission lines? Missouri

Is this all transmission lines or just privately owned transmission lines?  The ban includes privately funded, long distance, Direct Current transmission lines.

Why this legislative response? 

• Missouri Publiuc Service Commission denied eminent domain to a private transmission line that would traverse Missouri but not provide electic service in Missouri.
• The power line project was opposed by land owners, farmers, and 8 of the counties the that would have been home to the power line project. 

Missouri HB 2418

Missouri SB 1107

The Caldwell County News | Eminent Domain Reform Bill Proposed In Missouri

What’s going on & where? The Arizona Senate passed a bill to keep cities from shutting down short term rentals.

What would the bill do?

• Allow city regulations to be only “narrowly tailored”
• Limit regulations to fire and building codes, public health & sanitation
• Require the webhosts to collect taxes

Institute for Justice | Arizona Senate Votes to Ban Cities from Banning Airbnb, Couch-Surfing

Arizona SB 1350

• Limit asset seizure to instances when a person is arrested
• Pro-consumer
• Pro-private property rights
• Necessary safeguards in place to protect innocent property owners
• Require probable cause be shown within 10 days following every seizure

Capital Soup | Civil Asset Forfeiture Reform Passes Legislature Unanimously

Florida SB 1044

As loyal subscribers know, 2 state legislatures enacted moratoriums on eminent domain, specifially eminent domain used by private entities, like pipelines. 

Let’s dig into what supporting testimony for these moratoriums looked like:

• No eminent domain for private gain “it is morally wrong for a for-profit company to make money off of my hard labor for its investors” -a 270 acre property owner
• Eminent Domain Created Unfair Competition some state oil and gas companies said, we’ve never used eminent domain, and now this outside company wants to use eminent domain and compete against us
  • We’ve earned our business the old-fashioned way. If we needed property, we bought it,”- a local oil and gas company

The best offense, is a good defense.

Florida Times Union | Witnesses tell House subcommittee they favor moratorium on petroleum pipelines in Georgia

Kansas City needed a new police station & crime lab in a historically black neighborhood. 

3 Reasons why property owners opposed eminent domain for an otherwise nobel purpose:

• The residents were restoring their historic homes & felt blindsided
• Eminent domain is a scary process for property owners
• Previous eminent domain projects had promised economic prosperity for the area & that never came to fruition

Know your opposition, like you know yourself.

The Atlantic | Photographing the Heartbreaking Consequences of Eminent Domain

What does the right think about eminent domain?

• 75% say eminent domain should be NARROWLY used
• 16% say eminent domain should NEVER be used
• Of the 75%, they say eminent domain should be limited to only public use projects like schools, dams, highways and police stations
• 36% say its a total dealbreaker for a candidate to support eminent domain that transfers private property to a private entity

Conservative.org | CPAC Straw Poll 

Center for Immigration Studies | CPAC Straw Poll: 52% Believe Illegal Aliens Should Return Home

This week Louisiana passed a sales tax expansion to apply a 4% sales tax on short term rentals.

What you need to know about the short term rental sales tax:

• Louisiana could not estimate how much the tax would generate because:
  • The number of short term rentals is unknown
  • The revenue generated from short term rentals is also unknown
• The sales tax passed because of a historic $900 M shortfall
• How did they do it? Expanded the definition of hotel/motel

NOLA.com | Times Picayune | Legislature passes new Airbnb sales tax; bill heads to governor

Techies, Surfers and a state agency? Yes, a founder of Sun Microsystems bought 89 acres of beach front property sorth of Maverick’s. It could also be the plot to Point Break #3.

Had surfers had access to the beach before his purchase? yes.

How did the state lands commission get involved? 

• It began with criminal charges agaisnt the surfers, with video tape evidence of the alleged trespass.
• The criminal charges go away.
• The State Lands Commission stesp in to negotiate access.
• The techie wants $30 million for beach access.
• The State Lands Commission isn’t biting for $30 million.

The Lands Commission has previously indicated the path to beach access may be with eminent domain.

The Inertia | Billionaire Demands $30 Million from California to Allow Public on “His” Beach

What do private property rights, data security & billboards have in common? A lot when billboards are partnering with telecom to track people’s travel patterns and behaviors through their mobile phones.

Tracking travel patterns and location creates data.  Data creation leads to data storage which leads to a trove of data for hackers.

The Center for Digital Democracy says ““It is incredibly creepy, and it’s the most recent intrusion into our privacy.”

NYTimes | See That Billboard? It May See You, Too

A pipeline that will traverse South Carolina & Georgia has the 2 states pushing legislation to reign in eminent domain. Let’s look:

The South Carolina bill package will:

• Establish a 5 year moratorium on pipeline eminent domain use
• Create a Commission to study eminent domain & make recommendation about pipeline use of eminent domain

The Georgia bill will:

• eminent domain moratorium until July 2017
• commission to study the process for awarding private companies eminent domain authority

Georgia regulators had denied the pipeline eminent domain authority. The pipeline moved the issue to courts, and the first judge ruled

WJBF | South Carolina and Georgia eminent domain bills move forward

Florida Times Union | Pipeline-stalling bill passes Georgia House, heads to Senate

Jasper County Sun Times | S.C. Senate approves scaled-back eminent domain bill

South Carolina S.868 & South Carolina S.1065

Georgia HB 1036

What issues are land owners raising in the 12 pending eminent domain lawsuits for the Trans Pecos pipeline?

• Whether the petitions for eminent domain are valid
• Whether there is a proper public use (can there be a public use in Texas if Texas is not a recipient of any of the goods in the pipeline?)

Is this pipeline using eminent domain like every other pipeline in Texas using eminent domain? No, no one has ever built a pipeline like Trans Pecos with the purpose of selling natural gas to Mexico

Can the pipeline start building while lawsuits are pending? Yes. 

News West 9 | Pipeline company files eminent domain lawsuits against Big Bend landowners

What state allows an auditor to look at eminent domain? Oklahoma

What was the Oklahoma state auditor reviewing that included eminent domain? Records, process and procedure at Creek County, Oklahoma

What eminent domain related violations did the OK auditor find?

• failed to provide sufficient paperwork to determine eminent domain was used in accordance with state statutes
• court records showed that the property was obtained for economic development, a violation of state law
• an executive session of the county commissioners related to the property was not retained, as it should have been under state law
• county had no documents related to an offer to the property owner
• county had no documentation related to negotiations with the property owner
• county had no documents related to an appraisal of the land in question

Tulsa World | State auditor criticizes Creek County commissioners’ procedure in property purchase through eminent domain

What state is considering licensing land men? Pennsylvania

What requirements are being considered? 

• land men would be licensed and regulated through the Pennsylvania Real Estate Commission

What was the genesis for this bill? Complaints from landowners that land men were making statements that were untrue about either the impact of a projected pipeline or the power of eminent domain. 

Pennsylvania Senate Bill 991

Reading Eagle | Lawmaker questions conduct of land agents

In a letter to the editor of the Ft. Worth Star Telegram, a North Texan from the Tea Party rich lands, makes the following points about eminent domain:

• The land owners had to go to court to get just and adequate compensation.
• Forcing this into the courts is “either gross incompetence or willful abuse of authority.”
• its not cool when  the “Rangers initially didn’t want to pay the judgments, insisting this was the city’s (taxpayers’) responsibility. This in spite of being lavished with $200 million of largely public monies to build a stadium.”
• This stadium use of eminent domain is “hypocrisy that passes for business as usual”

Why does this matter? Because vocal private property rights supporters will innundate legislators with similar arguments about all eminent domain bills.

Ft. Worth Star Telegram | Eminent Domain letter to the editor

Which state is putting in new requirements for pre-condemnation surveying access for private companies that have eminent domain authority? West Virginia

What are the new requirements for pre-condemantion access? To receive pre-condemantion access to private property, the condeming entity must:

• send a letter via certified mail
• the letter must be sent 15-to-60 days before the date of the survey

What sparked this bill? A court stopped precondemnation access for surveyors because public use had not been proven at the time of the pre-condemnation access

Bluefield Daily Telegraph | Natural gas pipeline: Bill would allow surveyors on private property with notice

Which state legislature is moving a 5 year moratorium on private company eminent domain use? South Carolina

What motivated this move? The Palmentto pipeline

What is the Legislature required to do in those 5 years? Study the use of eminent domain, specifically as it applies to pipelines. 

Jasper County Sun Times | S.C. Senate approves scaled-back eminent domain bill

Is air share on a digital platform permitted? In August 2014, the FAA shut down air share, and limits open seats to friends of the pilot only.

What fix is in the works to allow air share? Congressman Mark Sanford added an amendment for air share to the Aviation Innovation, Reform, and Reauthorization Act of 2016 

Americans for Tax Reform | Planesharing Aims for Liftoff Despite FAA Drag
 

Which Southern state struck a deal with AirBnB? Alabama

Which Alablama taxes will be collected by AirBNB?

• The state’s Transient Occupancy Tax
• local lodgings taxes, if the responsibility for collection of those taxes has been assigned to the state’s tax office

is this an outlier tax agreement? No, it follows a model that other states & local taxing jurisdictions have followed

Birmingham Business Journal | Alabama strikes deal with Airbnb on tax collections

Washington Post | Airbnb is about to start collecting hotel taxes in more major cities, including Washington

• Georgia is considering HB 1036 which would create a 1 year moratorium to prevent eminent domain by pipelines
• HB 1036 creates a 13-member commission of experts from business, agriculture, the environment and related fields to review the process, compare notes with how other states do it, and then prepare legislative recommendations by the end of the year.
• The author, a Republican, wants greater study of eminent domain and environmental issues.

Savannah Now | House bill would delay Georgia pipelines

Florida Times Union | Georgia Considering Bill to Impose Moratorium on Pipelines

• A ball park is neither a public use nor a public purpose
• There is no public benefit of a ball park
  • And, if you try to say there is an economic benfit, he’ll throw studies at you to say that is not true
• Taking land from one property owner to give it to another so they can make money is no different than Kelo, and that’s what happened in Arlington

–Richard Galvin is the Betty S. Wright Professor in Applied Ethics at Texas Christian University. Star Telegram | Greene got it wrong on use of eminent domain for ballpark

• The Toth v. Brady Congressional race is a he said/he said brawl over who opposed high speed rail first
• A Toth mailer says Brady authored & voted for eminent domain for high speed rail as a state representative in 1993
• Brady says the 1993 bill removed eminent domain from pirvate companies building high speed rail
• Political Scientists call it grossly inaccurate

Your News Houston |  Brady: Toth high-speed rail mailer a ‘lie’

Fox 26 | Eminent Domain Attack advertisement deemed grossly misleading

What case is this? Bragg v. Edwards Aquifer

What ‘s the eminent domain compensation issue they’re in a legal cage fight about? The courts have agreed that a denial of groundwater pumping by Edwards Aquifer amounted to a taking of a pecan farmer’s private property 

What does it mean for 2017 Legslative action? Adequate and just compensation for th etaking of private land is a perenial issue. And there’s lots bubbling around for 2017:

•  Last week, informedintel brought you the case of an ISD that had a good faither offer $5 million less than the award by special commissioners
• Rural landowners opposed to high speed rail focus on eminent domain, the taking, with compensation, of private property
• The pecan grove compensation will be bubbling around during 2017 too

San Antonio Express News | Pecan farmers at the center of historic groundwater case

What type of land is being protected from researchers that want to gather data? Private property outside, the supporters point mostly to farm & ranch lands

What kind of data are they gathering? All sorts, such as water quality 

What do opponents to these new laws requiring permission to gather data on land say?

•  it prevents people from taking pictures of wildlife and scenery from public places
• the true intent is prevent the exposure of pollution
• the state trespassing laws violate federal law

What do the laws say? instead of having to prove that a person trespassed, the person who collected data has to prove that she had permission to be where she was when she collected the data

What Wyoming legislators say about the laws they passed: “ “Do we value property rights, or are we going to allow vigilantism in the guise of protecting the environment to trample those rights?” Wyoming state Sen. Larry Hicks (R)

WallStreet Journal | Wyoming Trespass Laws Under Fire by Environmentalists, Photographers

Why does Texas A&M Student Senate oppose eminent domain? The proposed high speed rail that would traverse rural Texas triggered the vote

What did the elected officials, who were present, say about eminent domain? “Their resounding message was that voting in favor the Eminent Domain Opposition Act is akin to advocating for the protection of property owners.”

Which State Representatives and State Senators participated in Texas A&M Student Senate eminent domain debate?

• Sen. Charles Schwertner
• Rep. Trent Ashby
• Rep. John Wray  
  • “What I want to ask you to do is to vote in favor of this bill, because if you do that you’re voting in favor of property rights,” Wray said. “If you do that you’re voting in favor of fair market value. If you do that you’re voting in favor of keeping the phrase ‘willing’ in front of the phrase ‘seller.’ And you’re voting to uphold the free market.”

The Battilion | State politicians, lobbyists, students clash on high-speed rail

In which house district is this occuring? HD-2 (Flynn)

What are activists saying about eminent domain and toll roads?

• “I never felt like he (the incumbent) cared one bit that a private organization would have been able to use the power of eminent domain over the citizens to build a for-profit toll road.” 
• “Even with personal visits by property owners to his office, Rep. Flynn was fully behind this private toll way, and continued to advise us with statements such as, ‘stick together,’ and ‘don’t take the first offer,’” 
• Bryan Slaton stood with the residents threatened by the Blacklands private tollway when Dan Flynn refused to listen and supported the toll road and the special interests behind it. Residents of HD 2 deserve genuine representation and someone who will not only listen to them, but fight for them and the issues important to their community.”

What happened with this eminent domain and toll road project? It died.

Empower Texas | Texas Scorecard | Anti-Toll Road Activists: Dan Flynn Was No Help

Let’s look at numbers from an eminent domain case involving Conroe ISD:

Conroe ISD seeks to obtain 46 acres from a group of land owners and here’s the numbers that have been bandied:

• Best offer from Conroe ISD:  $5.1 Million
• Special Commissioners decision: $10 Million

What’s happening to this eminent domain case now? Neither party was satisfied with the $10 million number and both parties have appealed to district court. Oral hearing is scheduled for October 16th.

Houston Chronicle | Trial set over land for new CISD high school

Where is this eminent domain case in the courts? A federal district judge and Federal Energy Regulatory Agency granted a pipeline in Pennsylvania the ability to clear trees in anticipation of a pipeline while the matter continues in federal court.

How did the state police stop the pre-condemnation access? The federal judge’s order did not authorize the state police to arrest protesters who appeared to stop the loggers.

What is the issue the land owners are fighting? Landowners operate a maple farm, the trees are beginning to produce sap, and it is these revenue generating trees that the loggers sought to remove.

Citizens Voice | State police instruct pipeline clearing crews to hold off

Loyal subscribers have seen this trend as towns in Montana and California have moved to purchase by eminent domain private water utilities that aren’t providing a cost effective service to its citizens.

But, now the trend shifts to the Legislature. Which state legislature is moving language that allows local governments to use eminent domain to buy private utilities? Florida

What motivated the legislator to move forward with this new eminent domain authority?

• Constituents were ” being forced to pay rates that are much higher” than other residents of the same county
• The Constituents paid higher rates and experienced 

What triggers will the law have to allow the governments to buy private utilties?

• 65 percent of the customers sign a petition to initiate revocation of the utilities ability to operate
• the local government will have access to low-interest financing for utility acquisitions

Tampa Bay Times | Bill seeks to ease Summertree utility sale

Where did a state Supreme Court deny eminent domain power to a pipeline? Kentucky.

What do legal pundits say was the issue triggering the denial of eminent domain authority? That the pipeline isn’t regulated as a utility under Kentucky law.

Why wouldn’t a pipeline be regulated under Kentucky law? Because Kentucky law restricts regulated utilities to those operating within the state. The proposed pipeline would traverse the state but not deliver goods, therefore wouldn’t operate, in the state.

89.3 WFPL | Kentucky Supreme Court Won’t Take Up Bluegrass Pipeline Challenge

Courier Journal | Bluegrass Pipeline loss big win for landowners

• Trump jabbed Bush over the use of eminent domain by the Texas Rangers ballpark in the early 1990s. 
• One family sued over the taking of their property for the Ranger Stadium and was awarded $7.1 million.

Dallas Morning News Sports Day | How Donald Trump used the Texas Rangers’ ballpark to take a political jab at Jeb Bush

New Zealand Sportal | The Donald, Jeb! butt heads over Rangers’ ballpark

NBC Sports | Donald Trump, Jeb Bush, Eminent Domain and the history of the Rangers Ballpark

Ft. Worth Star Telegram | Trump, Bush tangle over eminent domain and Rangers ballpark

Independent Journal | Jeb Went After Trump on Eminent Domain — Now the Donald is Bringing up ‘W’

• Congressman Kevin Brady is encouraging legislators to seek an A.G. Opinion on high speed rail in Texas
• What’s the issue that has Brady up in arms? Eminent Domain. Specifically state granted eminent domain powers.
• Who recevived the letter from Congressman Brady? 
  • Charles Schwertner
  • Trent Ashby
  • John Otto
  •  Leighton Schubert
• What is Congressman Brady’s concern? Whether the rail works for local communities, and he does not believe a rural train route works for local communities
• its not Congressman Brady’s first rodeo, he was similarly proposed during a rail proposal in the 1990s.

KBTX | Congressman calling for attorney general’s opinion on high speed rail through the area

• non-farmers calling rural landowners’ water rights a “gold mine” displeases farmers
• compensation for taking water is not the solution
• creating a water market is ” shortsighted and selfish”

“I look forward to working with my constituents and concerned citizens from all over the state to develop legislation that would promote the long-term welfare and prosperity of our communities, including exploring opportunities for conservation technologies to reduce demand and lessen our reliance on groundwater,” concluded  State Representative Cyrier.

Texas Farmers Tell Legislators to Stop Mining Our Water

The Goldwater Institute & CATO  are pushing the Property Ownership Fairness Act that:

• “requires government to pay you when regulations take away your right to use your property and reduce the value of your property.”
• allows for regulation and the use of eminent domain but there has to be notice, so if the government changes the rules of the game, then the property owner should be compensated
• it’s modeled after Arizona’s 

What does this Act apply to? Short Term Rental ordinances. Bonjour HomeAway, AirBnB, and the like…

Goldwater Institute | Tourist Trap: Rental Property No Vacation for Owners

CATO | Property Ownership Fairness Act: Protecting Property Rights

Ricochet | Conservative Conversation & Community | Property Ownership Fairness Act: Protecting Property Rights

South Dakota legislature is considering SB 145 which would:

• Require any UTILITY before it receives eminent domain approval BEFORE PERMITTING
• To obtian consensus from 80% of the affected land owners
• Applies only to PRIVATE entities

Dakota Free Press | SB 145: Legislature to Consider DFP 80% Agreement for Eminent Domain

A proposal in California would require drone owners to carry insurance for their drones. it even has a catchy name, The Drone Registration/Omnibus Negligence-prevention Enactment (DRONE) Act.

The bill’s requirements:

• requires hobbyists to obtain a physical or electronic license plate for identification purposes
• requires a small insurance fee at the time of purchase for any future damage or injury associated with the drone
• requires drones of a certain size to be equipped with GPS and emergency shutoff capabilities

Why require drone registration and insurance?

• drones can cause property damage
• if cars have to be registered and have insurance, so should drones
• drone owners should be financially responsible for damages (including invasion of privacy)

Governing | 7 Tech Policy Issues to Watch in 2016

Which court ruled that anti-eminent domain signs can’t be prohibited? The 4th Circuit Court of Appeals

What was their ruling? The sign ordinance is a content-based regulation that does not survive strict scrutiny. That’s lawyer code for the ordinance violates the 1st amendment. 

What did the city argue to support their ordinance? That the ordinance is content nuetral and applies equally to all messages.

Central Radio Co. Inc. v. City of Norfolk, No. 13-1996 (4th Cir. Jan. 29, 2016)

Inverse Condemnation | City Sign Ordinance Violates U.S. Constitution

The compensation issue that property rights advocates want the U.S. Supreme Court to decide this spring- if a portion of land is taken, is the compensation considered only on that single piece of property or are adjacent lands considered?

Law 360 | High Court Eminent Domain Case May Offer States Clarity

Murr v. Wisconsin

Who is attacking whom on eminent domain? Ted Cruz is hitting Donald Trump on eminent domain by saying Trump took property from a little old lady to build a parking lot for limousines.

Could this work? Vanity Fair asked the Club for Growth. The Club for Growth pointed to these 3 reasons for why it could.

• plays well with focus groups
• it makes people feel like Trump is only in it for the deal, and to screw over the little guy
• when similar ads were run in Iowa in 2015 by the Club for Growth, Trumps poll numbers dipped

Vanity Fair | Ted Cruz Turns to Eminent Domain to Attack Trump

What state regulators refused eminent domain powers for a pipeline? Georgia

Why did Georgia deny eminent domain authority? For reasons including that the pipeline would not provide any direct benefit for Georgia, the pipeline only went through the state without dropping off goods in the state.

What happened after the denial of eminent domain by state regulators? 4 things.

• Delay
• A legal appeal of the denial of eminent domain
• the company announced that the project may be completed without eminent domain by reaching agreements with landowners
• the company is looking to sell off the pipeline project for $1.1 billion

Houston Chronicle | Kinder Morgan seeks to sell stakes in two big projects

In an Op-Ed about Bloomberg considering a 3rd party run for President, eminent domain is labled a New York value because:

• In Manhattan “property rights of small homeowners and business people are like bugs on the windshield of the city’s swashbuckling real estate developers and the ribbon-cutting politicians who enable them.”
• Bloomberg campaigned against the post-Kelo backlash
• As Bloomberg said, ““You would never build any big thing any place in any big city in this country if you didn’t have the power of eminent domain.””

L.A. Times | Op Ed: Ted Cruz is right—most New York values don’t work for the rest of the country

Reason | New York Values Are Infecting Campaign 2016

How can legalization of marijuna and eminent domain ever be connected? If you’re a candidate for the Lt. Gov. of Missouri you propose a new agency that seeks to look for medical cures and regulates legalized marijuana and give it the power of eminent domain.

Missouri Times | The Missouri Legislature Must Not Let Brad Bradshaw Hijack Medical Cannabis to Create Constitutional Oligopolies and Grow Government

California High Speed Rail Authority is in the throws of building the first stretch of rail, here’s where the project stands:

• 305 eminent domain actions since December 2013
• Acquiring more then 1,160 acres in Fresno, Kings, Madera and Tulare counties by eminent domain
• 29 mile stretch of rail

Fresno Bee | More properties up for condemnation for high-speed rail

California High Speed Rail Authority | Construction Package 1: Work is Underway

What state has a legislator trying to stop eminent domain authority? Illinois State Sen. Kyle McCarter  

What project does the IL State Senator want to stop? Grain Belt Express Clean Line power project

Why is he opposed to the clean power line using eminent domain? 

• Because he supports the private property rights
• Because the project offers no clean energy for Illinois
• Because the eminent domain authority resides with a private company, held by private investors

Illinois Business Journal  McCarter objects to eminent domain for midstate transmission line project

Wharton area residents are reciving information on Comptroller Hegar’s legislative enacted Eminent Domain transperancy data base set to go online soon. 

Wharton Journal Spectator | New law promotes transparency for eminent domain

Comptroller Eminent Domain Transparency Project

Pennsylvania House Bill 1411 has been signed into law. It will:

• ensure no loss of critical federal highway dollars
• maximum re-establishment expenses reimbursable for a displaced farm, nonprofit organization or small business is increased from $12,000 to $25,000
• maximum amount of the replacement housing supplement for homeowners is increased from $27,000 to $31,000
• maximum amount of the replacement housing supplement for tenants and others is increased from $6,300 to $7,200

PA State Rep. John Taylor | Taylor Eminent Domain Bill Signed by Governor

WDAC The Voice | PA Eminent Domain Bill Signed By Governor

2 Ways Private property Advocates see the rams Move Back to Los Angeles as a win:

• St. Louis taxpayers didn’t have to foot the bill for a stadium or deal with eminent domain
• The new Rams stadium will be on privately owned land & the project will be privately financed

The Federalist Society | The Los Angeles Rams: Already Winners?

Estimated legal Fees for the City of Culpeper:  $1 Million

The Appraisals for the land being seized by eminent domain:

• Low Appraisal: $130,000
• High Apprisal: $3.4 million (including damages)

Amount of the Bond the city had to place in escrow: $466,467

The value of a deed of trust held by a Maryland bank on the $466,467 escrow account: $1.6 million

Offer for land in fair market value transaction: $16.1 million

Fredericksburg Free Lance Star | Culpeper landowner battling town over value of land taken for road

• blanket opposition to the use of eminent domain
• opposition to eminent domain that adds a new layer of power lines as opposed to upgrading existing power lines
  • power lines increase farming costs by  $200 an acre per year
  • power lines increase the dangers of crop dusting

Where is this happening? California

What’s the special district using eminent domain? Sacramento Municipal Utility District

Why does this matter? The issue is the same in Texas for any private entity that needs to crosse farm land and considers eminent domain.

What other industries can be impacted by this opposition to eminent domain by a private entity? Transmission lines, pipelines, high speed rail to start…

Sacramento Bee | Farmers oppose SMUD proposal to add new power lines in Colusa and Sutter counties

• No Return on Investment. the stadium is a financial loser. Losing $9 million in its 3rd year.
• Stadium Community promises Unfulfilled. the promised housing has yet to be developed
• Eminent Domain Abuse Abounds. Redevelopment is faltering. A sporting goods store that closed in the stadium construction remains a vacant lot.

Who is saying this? Reason

About which NBA Stadium? Brooklyn’s Barclay’s Center

A documentary about the Brooklyn stadium was shortlisted for an Oscar for best documentary.  The Battle for Brooklyn

Reason | Brooklyn’s Barclays Center is an Eminent Domain-Created Failure

Where is this happening? Virginia

What sparked the change to how private property is treated by a pipeline? a controversial 2004 law that allowed precondemantion access to private property by the pipeline. Its led to landowner lawsuits and protests.

What legislative changes are being pushed? Requiring the pipeline to offer advanced notice and get owner consent to enter land

Roanoke Times | Lawmakers seek to scrap law on pipeline, property rights

Jeb Bush in South Carolina stressed opposition to Trump by talking about conservtive opposition to eminent domain for private development.

The Columbian | Parker: Bush surviving, even thriving, out of spotlight’s glare

• Private Entities are the Target of Eminent Domain Reform. The concerns about eminent domain are generally not about the government snapping up pieces of property, it is private entities snapping up property using eminent domain as a tool
• Public Use Needs to be Reformed.Re-defining public use does not require sweeping constitutional reform
• Look to Justice Thomas Dissent in Kelo for answers. Just like Clarence Thomas says, when the Supreme Court analyzes whether a search warrant can get the police into a home, the court doesn’t look at the issue in a vaccuum.  

Washington Post | Volokh Conspiracy | Kelo and the all-or-nothing approach to constitutional property rights

What’s civil asset forfeiture? According to supporters of the ban, people do not have to be convicted or even charged to lose their property when suspected of a civil offense

What state has experience with restricting civil asset forefeiture? New Mexico

What can we learn from New Mexico?

• Apply reforms to civil, criminal, and municipal offenses
• Whether police can finance departments through asset forefeiture
• Wether the government has to bear the burden of proof for civil asset forfeiture

Institute for Justice | After New Mexico Abolished Civil Forfeiture, Cops Continue to Seize Cars without Charging Owners with a Crime

58% of people in the West, home to people like the Bundy Family, and independent minds, oppose giving control over land to States.

The details:

• It’s the 6th year of the Conservation in the West poll, sponsored by Colorado College

• 60% oppose selling “significant holdings” of public lands, such as national forests, to reduce the budget deficit.

• Only Utahians supported giving states control. 47% to 41% support state control over federal land.

• In Nevada, the epicenter of Bundy family ranches,  52%oppose state control over federal land. 39% support it.

Governing | Numbers in News 

Los Angeles Times | Poll Shoes Majority in West Oppose Giving States Control over Federal Lands

Institute for Justice, the group that represented Kelo, is helping North Carolina landowners organize.

What concerns North Caolina Landowners? A small town was looking to redevelop.

Institute for Justice 

Previously on informedintel: Town of 10,000 Tries Redevelopment. Includes Eminent Domain. Lawsuit on Horizon. (November 19, 2015)

A small town redevelopment effort to revitalize vacant industrial property surprised city council members when it was revealed that the Institute for Justice is interested in the issue. 

The Institute for Justice represents land owners who are facing condemnation or forefeiture of their property. 

The Mount Airy News | Eminent domain issue sparks legal threat

Remember the idea of providing royalties to landowners from pipelines or toll roads? New hampshire has a new spin on this concept.

If a pipeline traverses and the product is sold elsewhere, then levey a 12.5% fee on the sale. Where does the 12.5% go? The fee is to be additional compensation for landowners who had property seized for right-of-way for pipeline construction.

Why does this matter in Texas? Bonjour Pecos Pipeline that is moving product from Texas to Mexico. There is a group of unhappy landowners and conservation types that are organized and vocal. This is right up there ally.

Ledge Transcript | Bills aim to thwart pipeline

Where’s this trend emerging? The Granite State. Home to hopeful Presidential foot traffic. 

Why the penalty for developers? To counter land being taken for economic development, a legisltive propsal in new Hampshire requires  developers to compensate landowners at a rate of 300% of the value of the taken land

Ledger Transcript | Bills Aim at Eminent Domain

Where is this trend emerging? New Hampshire. The Granite State. Home to Presidential hopeful foot traffic.

What is this anti-easement idea all about? If a pipeline seeks an easement, the land owner can  require that the entire piece of land be purchased. 

What’s the rational behind this ideaof requiring all the land be bought and not just a right of way? Landowners believe that pipelines negatively impact the value of their property. If the landowners no longer want to live on the property because of the pipeline, then this bill gives landowners the ability to relocate.

Is there a pro-pipeline argument here? yes, nothing prevents a pipeline from selling to a developer & recouping its costs.

Ledger Transcript | Bills aim to thwart pipeline

• Comptroller sympathizes with land owners
  • ​“With 94 percent of Texas lands held privately, our citizens naturally feel a deep connection with the land they own. I’m one of them, farming land that’s been in my family since the mid-19th century.”
• Minimal use of eminent domain passes muster with the Comptroller.
• Most flagrant eminent domain abuse. The Bureau of Land Management’s seizure of farm lands on the border with Oklahoma. 
• Transparency key to eminent domain.
• The $2,000 fine for not registering eminent domain power is too low. 
  • “The database is a good start, but it’s only a start. Right now, the law only calls for up to a $2,000 civil penalty against entities that don’t provide us with their information — which is not likely to intimidate entities willing to abuse their power.

    If you’re interested in this issue, I urge you to contact your state and local leaders and let them know where you stand. Our right to own and use private property as we see fit is the most basic freedom our nation provides — and it’s up to us to make sure we keep it.”

San Antonio Express News | Comptroller Hegar | State database will identify eminent domain authorities

Which campaign is being attacked on eminent domain?Donald Trump

What’s the ad tag line? “That’s the real Trump record; fighting for himself, not for us,” (for Trump’s benefit from eminent domain for his enterprises)

WallStreet Journal Washington Wire | Anti-Trump Super PAC Airs Radio Ad in New Hampshire

Eminent domain tops the headlines for 2015 in South Carolina.

What’s the eminent domain issue in South Carolina? A pipeline that caused private proeprty right activist snd environmental activists to join forces.

What’s the legislative and regulatory impact? The issue with the pipeline is whether a public benefit occurs in South Carolina. The pipeline has hit hiccups with the regulatory agency and the legislature. 

The Augusta Chronicler | Top 10: Palmetto Pipeline creates stir in 2015

The Barre Montpelier Times Argus headline that needs to introduction for putting eminent domain and heroin in the same sentence: Eminent domain, heroin top capital city stories for 2015.

But, seriously, what’s the eminent domain issue?  A bike path that displaced a business and caused all residents at a public meeting to speak against the use of eminent domain.

What state, that’s NOT California, is looking to increase relocation costs? Pennsylvania

What are the current relocation cost rates in PA?  

• For businesses the cap is $12, 000.
• For private home owners the damage cap for relocation costs is $27,000.
• For tenants, the damage cap is $6,300

What damage cap rates for relocation costs in PA considering?

• $25,000 for businesses
• $31,000 for residential owners
• $7,200 for tenants

Fox Rothschild | PA considering Increasing Condemnee Relocation Amounts

Where is this happening? Vermont

Why does this matter in Texas? Because 2015 saw emient domain protestors stop public meetings for transportation projects in Texas

Who is the opposition to eminent domain in VT? 98% of a VT Gas project has agreed-to sales for land, but 3 landowners have not come to an agreement with VT Gas.

What does the opposition want from the pipelines? Landowners and their supporters are calling on a shorter pipeline project & are concerned baout pipeline safety

VT Digger | PROTESTERS DELAY EMINENT DOMAIN HEARINGS FOR VERMONT GAS PIPELINE

The usual suspects- Ted Cruz, Rand Paul, Rubio talk eminent domain reform on the campaign trail. Now Bernie Sanders has joined the fray by saying :

“Iowans shouldn’t have their land forcibly taken through eminent domain for use in the proposed Bakken oil pipeline.”

“”The idea of using the power of eminent domain to increase private profits does not make a lot of sense to me,” he said.”

Sounds just like the right’s – no private gain from eminent domain- mantra.

Des Moines Register | Sanders talks guns and oil in southeast Iowa

South Carolina’s 2016 legislative session and eminent domain reform is on the list.

What group is targeting eminent domain by private entities? The Republican Caucus for the South Carolina House.

What reforms do South Carolina Republicans want?

• tighten public use so that land “will never be diverted to private control”

Bluffton Today | What to expect in the next session