• 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

What’s this eminent domain case about? New York’s Rockland County Sewer District No. 1 needs to build a new wastewater treatment facility & sought to acquire 21 acres.

What did the court decide? The property is worth $8,100,000 plus $4,762,187 interest, a total of $12,877,061. PLUS, the court awarded $$3,375,000  in legal and appraisal fees.

What did the sewer district estimate the cost of the project to be?  $72 Million. After this court case, the project estiamte is $181 Million. 
 

LoHud Journal News | Ramapo sewer project cost jumps $12.7M

Digital Journal | $3,375,000 Recovered for Attorneys Fee in Condemnation Case

What’s Hess Triangle? A triangular piece of property that is 25.5 inches by 27.5 inches by 27.5 inches. 

What? How can this two foot triangle exist as private property in NYC? Go to corner of Seventh Avenue and Christopher Street and you’ll see it

How did this small piece of property emerge from an eminent domain fight? In 1910, NYC was extending the Seventh Avenue Subway Line. A property owner named Hess owned a 5 story building in the path of the new subway extension.

What did the landowner do in 1910 to fight eminent domain? He went to court. Fought a 4 year legal battle. But, the city won its right to use eminent domain on a bad property survey. 

The 2 foot triangle was left out of the survey and remained Hess’s private property. The city asked the family to donate the triangle… The family refused. 

The Gothamist | The Story Behind Hess Triangle, Once The Littlest Piece Of Land In NYC

Where is the private property rights group forming? Mt. Airy North Carolina

What type of project sparked the group’s formation? A local redevelopment plan

What’s the group’s goal? To remove private property from the local redevelopment plan

Why? The local government’s plan to redevelop land that it holds, expanded to include private property of a former city council candidate

What concerns about eminent domain does the group have?

• That the use of eminent domain will result in business property being labeled blighted
• That the use of eminent domain will reduce the value of their property
• redevelopment is economic development, the goal is to increase that property’s value
• private property owners have the right to do whatever they want with their property, and to be free of eminent domain

Mount Airy News | Group forms to fight eminent domain

State Rep. Grassley, grandson to US Senator Grassley, has 2 points to make to a clean energy line that wants to use eminent domain in Iowa:

• The Iowa Utilities Board has told you 2 times that eminent domain cannot be separated from your permit application
• If you don’t allow Iowans to plug in, you’re not a utility & therefore don’t deserve eminent domain powers
• Missouri also denied your transmission line request (our numbers are growing)
• We’re also watching your attempt to end run the state with legislation in the US Senate, that place where my grandfather serves

Cedar Rapids Gazette | Protect landowners from the Rock Island Clean Line

Des Moines Register | An open letter to Rock Island Clean Line from lawmakers

In South Carolina Trump shared his opinion of Supreme Court Justices. In short:

• Roberts, not so much love
• Thomas,  lots of love

Reason took the opportunity to point a slew of inconsistencies:

• Thomas wrote a strong dissent to the controversial, and much maligned, Kelo decision
  • Tomas wrote, “It [the majority opinion] encourages ‘those citizens with disproportionate influence and power in the political process, including large corporations and development.”
    firms’ to victimize the weak.”
• Trump goes on and on about his love of Kelo
• Reason says Trump abuses eminent domain

Reason | Donald Trump vs. Clarence Thomas

Civil Asset Forfeiture generates more than $1 million in revenue per year for The City of Albuquerque.

Is this $1 Million tied to convicted criminals? No. There were no criminal convictions for any of the affected property owners.

What does Albuquerque use the funding for? It pays the salaries of the people seizing the property. 

How did the program in Albuquerque go awry? A city attorney publicly referred to asset forefeiture as a ““gold mine” and property seized through civil forfeiture as “little goodies.”

The legislature passed a bill to restrain civil asset forfeiture, but it is not being enforced. What happens next? A bipartisan group of State Senators joined with the Institute of Justice to force enforcement through New Mexico’s court system.

Institute for Justice 

A state constitution guarantees attorney fees in eminent domain? Yes, the Florida constitution does.

What’s the goal behind this provision? A landowner should not be placed in a worse position after eminent domain

Can this provision go awry? Some Florida attorneys believe so.

What loophole exists for constitutional protection for attorney fees in eminent domain proceedings? When a condemning entity does not play fair and forces needless and endless litigation. The Florida courts deemed a condemning entity’s tactics to include excessive litigation. Even with this ruling favoring land owners, the court  did not allow for attorney fees to combat the improper litigation. 

The Florida Eminent Domain Blog | Florida’s Supreme Court Levels the Playing Field.

Doerr v. Central Florida Expressway Authority

Lexology| Eminent Domain and Attorneys’ Fees: The Case for Excessive Litigation

The Feds are using eminent domain? Where? The EPA supports  condemning  87 pieces of city owned property in Margate, New Jersey as part of Governor Christi’s Dune Protection Plan.

Any fireworks from Governor Christi? Yes, he called the city “selfish” for opposing his state beach protection plan

How do the Feds tie into this? Funding for the beach protection is coming from the $3.5 billion Hurricane Sandy aid bill

Philly.com | Margate, state argue over dune plan in court

Utilities are targeting  private property owners pipes to:

• repair old and leaky  pipes
• to prevent  big problems like sinkholes and overflows of sewage into waterways
  • which leads to water plants treating more water than necessary, and driving up costs for ratepayers

Why are utilities targeting the pipes that are out of their control?

• water utilities are struggling to reduce costs
• utilities are having a hard time complying with federal clean water mandates

What programs have emerged around the country?

• Cincinnati partially funds repairs for the costs of repairs to pipes under city streets
  • the repairs are mandatory when the property sells or is significantly remodeled
  • At sale or remodel, mandatory pipe testing is required for lateral pipes
• Pittsburg is pushing PA’s legislature to pass a bill to allow a water utility to fix leaky pipes that the utility doesn’t own & recoup the cost from the property owner

Governing | Water Utilities Target Private, Leaky Pipes

What’s happening? The Texas Legislative Reference Library circulated Civil Asset Reform Information.

What group is putting out the civil asset reform information? Institute for Justice.

What’s the information say? over 100 editorials nation wide are calling for civil asset forfeiture reform.

Why does this matter? Interim Charges call for reviewing civil asset laws. TPPF has been calling for civil asset reform for a couple years.

Why is this a Texas issue? Local governmental entities utilize property seized through forefeiture for funding. Property Rights advocates say that some of this property is taken before conviction leaving innocent people with no property rights.

Institute for Justice | Over 100 Editorials Call for Civil Forefeiture Reform

Art to stop eminent domain, who came up with that? eco-artist Aviva Rahmani’s Blued Trees

What’s the goal of using art to stop eminent domain?  To prevent private corporations from gaining eminent domain for natural gas pipelines on private property

How will art stop eminent domain? 1990 Visual Artists Rights Acts (VARA) may provide extra protection to landowners

Cornell Daily Sun | Aviva Rahmani’s Blued Trees & the Fight Against Pipelines

Texans Aginst High Speed Rail are advising land owners to:

• NOT signing the consent form for pre-condemnation access to survey land
• specifically deny access
• post No Trespassing Signs

Navasota & Grimes County Examiner | An open letter from TAHSR to Texans

South Carolina activists are pushing for Home Owner Association reform. The Legislature has a speical committee studying HOA reform. 

The 7 Hot HOA Topics that stand to be reformed:

• HOAs collecting fees and not performing basic maintenance like:  clearing  garbage; maintaining a holding pond, or enforcing neighborhood rules.
• Improve transperancy in HOA funding use
• Improved conflict of interest standards to keep HOA boards and association management completely separate
• strengthen HOA fiduciary requirements to home owners
• Prohibiting the use of home owner fees to pay for liability insurance to protect the board, and require private insurance not using home owner fees for payment of policies

MyrtleBeach online | Special panel tackling HOA issues before legislature reconvenes in January

A documentary about a pipeline that would start in Belton, South Carolina, run through Georgia and end in Jacksonville is in the works. The top 3 concerns that emerged from landowners are:

• A private company using eminent domain to increase profits
• The pipeline will run through 3 states in areas that are rural and aging, increasing the chance that fewer landowners will be financially able to hire attorneys
• Land has been in some families for 100s of years.

WAGTV | Local documentary spotlights landowners’ fight against Kinder Morgan

Where is this eminent domain case occurring? The San Benito County, California

What’s the project being built? bridge

What’s the impetus of the cost increase? Legal feees associated with eminent domain

What is the predicted cost increase? From $50,000 to acquire land to $300,000

Benito Link  | Eminent domain causes bridge construction legal costs to balloon

• Land shifted along the Red River, as river banks do. This caused the state border to shift. The federal Bureau of Land Management stepped in to save the day and took control of 113 acres along the border.
• 7 Texas landowners sued. GLO joined the suit to help the Texans.
  • Local county officials have also joined the lawsuit to help the Texas landowners.
• The landowners ahve the blessing of conservatives like TPPF.

CBSDFW | Bush’s Texas Agency Joins Lawsuit Alleging Federal Land Overreach

TPPF | TPPF Statement on Texas General Land Office Intervening in Aderholt, et al. v. Bureau of Land Management

South East Times Record | Abbott announces support of Red River landowners

• Online eminent domain database was created by SB 1812 (Kolkhorst & Geren)
• All entities with eminent domain authority, public & private, can begin reporting on December 7th. The Form will be here. 
• Deadline for reporting is February 1, 2016.
• Comptroller recommends that entities with eminent domain authority designate one officer or employee as point of contact for current eminent domain information
• 10 Pieces of Information will be online:
  • the entity’s full legal name;
  • the entity’s address and public contact information;
  • the name and contact information of the appropriate officer, or other person, representing the entity;
  • the type of entity;
  • the legal provision(s) granting the entity’s eminent domain authority;
  • the focus or scope of the eminent domain authority granted to the entity;
  • the earliest date the entity had authority to exercise the power of eminent domain;
  • the entity’s taxpayer identification number, if any;
  • whether the entity exercised its eminent domain authority in the preceding calendar year by filing a condemnation petition under Section 21.012, Property Code; and 
  • the entity’s Internet website address or, if the entity does not operate an Internet website, contact information to enable the public to obtain information from the entity.

Who is claiming a property right in a permit? Taxi drivers that hold a permit to service DFW are claiming a property right in the taxi permit for DFW

How did this argument emerge? The DFW airport board amended its rules on ground transportation. Thereafter, the taxis sued Uber and Lyft.

The response from the sharing economy? There is no vested proeprty right in a permit to operate at DFW

Who will decide this dispute? A Dallas County Court

Courthouse News Service | Uber & Lyft Fight Cabbies in Dallas

Background: In Florida to trigger quick take possession of land via eminent domain, the condeming entity has to deposit funds with the court.

Legal Fight Over Which Party Gets the Interest on Funds Held in an Eminent Domain case: 

• The landowner wants the interest to fulfill the compensation owed
• The Court of Appeals allowed 90% to be returned to the condemning entity

The Case:  Livingston v. Frank, 150 So. 3d 239 (Fla. 2d DCA 2014)

How is this relevant to Texas? The Texas Supreme Court in 2015 denied requiring a pipeline from having to keep funds with the court after a $1.6 million award for landowners. 

IN RE EAGLE FORD LAND PARTNERS, L.P. 

OCA Files Supreme Court Amicus Brief: A Government IOU Is Not Just Compensation in Eminent Domain

Background:

• Gulf Breeze, Florida has a 50 foot wide, 15 feet long parcel that has been used fror beach access
• The town wants to allow continued beach access, as it has for 50-60 years,  and seeks eminent domain
• The 2 property owners involved counter and say that the city has failed to block access to private property

What the courts will look at:

• Considering the long use of the property as beach acess, did the city acquire a legal easement?
• If not, can eminent domain be used?

Pensacola News Journal | Gulf Breeze defending public beach access

• Eminent Domain. Kelo. Lives. Limited Partnerships in pipeline development are still uneasy about access to land via eminent domain
• Texas Rice Land Partners v. Denbury case empowered landowners to challenge pipelines
• Legal Process means “significant legal costs and project delays”
• Ted Cruz the face of Texas politics is no longer business conservatives but is a firebrand

Trib Talk  Bracewell & Giuliani | Obstacles to pipeline development highlight Texas’ conservative split

What’s the brouhaha? California Appellate Courts have split on how much pre condemnation access to property is permitted.

What’s the case awaiting oral argument in California? Property Reserve, Inc. v. Dep’t of Water Resources, No. S217738 Its about whether a water commission could enter lands for soil testing to further a water line.

Which way did the appellate court rule? The Court of Appeals sided with land owners that the pre-condemnation access was so extensive so as to trigger an unconstitutional taking of property

Why does this matter in Texas? Because issues related to pre-condemnation access have been raised by ranchers in the Pecos Pipeline which will traverse Texas to bring product to Mexico in support of Mexico’s newly deregulated market. 

Inverse Condemnation | Court Of Appeal Files Pro-Condemnor Amicus Brief In Cal Supreme Court “Entry Statute” Case

CalBar Journal Real property Law Section November 2015 Bulletin

How does a city figure out how many and which of its properties are blighted?

• If the city is Mobile, Alabama, then it adopts Instagram
• How did Mobile pay for this data driven blight program? 
  • Mobile won a three-year $1.65 million grant from Bloomberg Philanthropies
  • Created a municipal “innovation team,”
  • The innovation team is a handful of people who seek fresh, data-driven solutions to longstanding urban problems
• What data does Mobile have on blight now?
  •  Old blight data existed solely via a 311 call log 
  • The photos help Mobile discern when the photo is that of an unkept yard from a photo of a fire damaged house that is a public safety threat
  • Mobile geo tags the photos so that the location of the property is documented
  • In 2 weeks, 926 blighted properties were identified
  • Mobile is up to 1,256 identified blighted properties
  • The 1,256 blighted properties are being prioritized by technology  that allows for data share among city departments

Governing | How Mobile, Alabama, Used Instagram to Address Blight

To counter Arkansas’ Congressmen opposition to the Plains & Eastern Clean Line transmission line, which would run through Arkansas but not provide electricity in Arkansas, an economic study was released.

Who authored the economic study?  the Center for Business and Economic Research at UA’s Sam M. Walton College of Business

What economic boon for Arkansas did the report show?

• 30 month construction period
  • $182 million in labor income
  • $664 in economic output
  • 693 indirect and induced jobs
  • 855 direct jobs
• Once operational, the clean energy transmission line will:
  • Employ 41
  • Create 28 indirect or induced jobs
  • Generate $3 million in labor income
  • Generate economic output of $10 million

Arkansas News | Report: Clean Line transmission project would boost state economy

Farmers in Oklahoma are joining forces over the use of eminent domain to aquire water rights to allow for the sale of Oklahoma’s water. 

5 Points that will Make You the Expert.

• Oklahoma sells water to Texas.
• A grass roots group has emerged, Oklahomans for Responsible Water Policy
• Grass Roots say farmers support granting eminent domain authority for water rights
• Farmers say grass roots is wrong, that they are working for the best outcome for farmers 
• How does this play in Texas? In May, the Texas Supreme Court affirmed that a water district that denied a farmer ‘s right to draw water is a taking of his private property rights via his water rights. Water is property. Property Rights matter in Texas.

KSWO | Controversy over water rights in Oklahoma

What project has triggered 307 eminent domain petitions? California’s first leg of the Los Angeles to San Francisco high speed rail.

How many acres does this represent being taken? Since December 2013, 307 eminent domain actions for high speed rail have accounted for 1,135 acres of land.

Which agencies approve the use of eminent domain for high speed rail in California? California’s General Services, Transportation and Finance departments

Fresno Bee | State churns more condemnation resolutions for high-speed rail

Who filed a bill? Republican House Natural Resources Committee Chairman Rob Bishop, R-Utah

What motivated him?  Learning that federal agencies used 61% of the Land and Water Conservation Fund to acquire land

What is the agency response? “The Interior Department argues it doesn’t use eminent domain to grab up contested land, but rather as a legal tool to reach a price agreement with willing sellers. “

The draft Congressional legislation

Alaska Dispatch News | U.S . House seeks revamp of federal conservation fund

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

What’s a quick take? Once an eminent domain suit is filed, the entity exercising eminent domain claims ownership of the property.

Where is this Court that’s limiting quick take of property rights? Ohio

Is the court saying no quick take, that the courts have to decide before the property ownership can transfer to the condemning entity? No, the court says the Ohio constitution limits this ability to the taking of land for roads only.

How does this apply in Texas? In Texas, once an eminent domain proceeding begins, the condemning entity can begin its project, while the pending court case resolves itself. 

The 1851 Center of Constititional Law | Ohio Court: Cities Cannot Immediately Seize Private Property When Not For Roads

Eminent Domain

Private Property Rights | Asset Forfeiture | Annexation | Special Districts

THE HOUSE INTERIM CHARGES

• Business & Industry: whether property owner associations restrict property rights
• Criminal Jurisprudence: civil asset forfeiture & data reporting
• Culture, Recreation & Tourism: protecting private property rights on the San Marcos River
• Defense & Veterans Affairs: private property rights, seller disclosures & military bases.
• Land & Resource Management: beach erosion and private property rights; annexation & ETJs
• Special Purpose Districts: consistent eminent domain use by municipal management districts

EMINENT DOMAIN | YOUR INFORMED INTEL

• TPPF Applauds San Antonio Postponed Vote on Annexation
• Property Rights: 3 Points from TPPF on San Antonio Annexation. 2017 The Year of Annexation Reform
• TPPF: Annexation in San Antonio is a Property Grab. 4 Reasons to Pass Annexation Reform
• Legal Trend: 6 Month Beach Erosion Taking for Stormwater Drain. Ends with Big $ Win for Landowners
• Seizing a Billionaire Owned Land to Ensure Surfing Lives
• Hurricane Sandy Sparks Eminent Domain Debate
• Private Property Rights | Asset Forfeiture | State Auditor| Dallas County
• SAO: Asset Forfeiture. Dallas County. 5 Critical Elements
• Vista Regional Water Plan is the New Trans Texas Corridor
• Empower Texas Turns to Property Rights
• Eminent Domain to Protect Against Flooding
• NFL Stadium Backers Gain Eminent Domain on Unanimous Vote
• Houston Churches Battling Eminent Domain

2015 House Interim Charges 
 

In the 1990s, Georgia wants to protect wealthy quail plantation owners from a new oil pipeline, so it passed new laws related only to oil pipelines.

What does an oil pipeline have to do that a natural gas pipeline doesn’t have to do for eminent domain approval? A pipeline that carries gasoline, diesel and ethanol must:

• Get Georgia DOT approval and
• Be approved by Georgia’s Environmental Protection Division 

Has this been a hurdle? yes, it has stopped a pipeline by Kinder Morgan. The comapny is now working to gain all willing sellers for the land needed for its pipeline.

Is there litigation? Yes, Kinder Morgan has asked for court approval after state agencies denied their eminent domain power request.

Are other states looking to increase the requirements before eminent domain can be used by private comapnies? yes, South Carolina is seeking to emulate the additional requirements that Georgia has in place. 

Savannah Morning News | Lunches, lobbyists and gifts smooth path for Palmetto Pipeline

Memphis had been pushing forward with eminent domain for a project $37.8 million Raleigh Springs Mall redevelopment plan.

But, there’s a hitch. A council member who voted against funding the redevelopment plan with eminent domain was elected mayor. 

The Commercial Appeal | Political shift could impact city’s Raleigh mall plan

• We need roads
• We need highways
• We need pipelines
• You can’t build without eminent domain
• Eminent domain can be used to create jobs

The Blaze | Donald Trump Defends Eminent Domain — Here’s Why He Claims the Power Is ‘Needed’

What isssue was the Ohio Court reviewing? In Ohio, like many states, once an eminent domain petition is filed by the condeming entity, that entity gets the property. It’s called a “quick take.”

Did condeming entities win or landowners? land owners

What did the court say? Cities can’t quick take property for things that aren’t roads. So, no quick take for sidewalks. 

What’s interesgting about the OH eminent domain laws? Ohio limits quick take eminent domain to “making or reparing roads.” The court said if it meant road related purposes, those purposes would have been enumerated.

Does this mean no eminent domain for non-roads in Ohio? Definitely not. It means no quick take of property for purposes other than roads, and that for all other purposes, eminent domain can occur, but immediate possession cannot.

Is this issue percolating in Texas?  Yes, landowners involved in the Pecos Pipeline have sued concerning pre-condemantion access. Other state courts have also reigned in pre-condemnation access in the last 2 years.

The 1851 Center for Constitutional Law: Ohio Court: Cities Cannot Immediately Seize Private Property When Not For Roads 

The Texas Wildlife Association via the Hill Country Alliance raises the issue of private companies and eminent domain.

3 Points are stressed:

• That eminent domain is traditionally only exercised by government officials
• That eminent domain must have public accountability (elected officials only?)
• That Texas grants too many entities eminent domain authority. Specifically:
  • gas or electric corporations
  • groundwater conservation districts
  • common carrier pipelines.

Hill Country Alliance : Eminent Domain – Changing the Landscape

Lands of Texas Magazine : Eminent Domain – Changing the Landscape

After a 3 month legal battle, the Houston church, represented by the Liberty Institute, announced that the Houston Housing Authority will not seek eminent domain action against the church’s land.

This leaves unanswered in Texas, which constitutional right trumps- freedom of religion or freedom from of having one’s property taken by the government. As loyal subscribers know, courts in other states have said religion trumps and have denied eminent domain.

Liberty Institute: Houston Housing Authority Calls Off Eminent Domain Proceedings Against African-American Church

Breitbart: BREAKING: HOUSTON ABANDONS EMINENT DOMAIN AGAINST BLACK CHURCH

A unanimous jury in Tarrant County found Texas owed Speedway Grapevine I LLC more than 16 times what it was compensated in an eminent domain proceeding.

Speedway Grapewine I LLC won a $4.5 Million judgment in an eminent domain suit.

Law 360 | Texas Car Wash Wins $4.5M In Eminent Domain Suit

Home sharing. Homeaway. AirBnB helps the local economy. According to an economic study by AirBnB, direct guest spending from guests accounts for $124 million  in the last year.

Austin ordinance was approved by committee in September 2015. The proposal requires full city council vetting.

Austin Business Journal | Airbnb fights back over Austin’s short-term rental rules

AirBnB Austin Economic Report

Why the draw to land rights? Recently a land rights group won the Hilton Humanitarian Prize of $2 million in unrestricted funding, which set the trend in motion

Why land rights? 

• “land rights is access to education, food security, gender rights, human rights and then some, all rolled into one issue.”
• Not owning land is the greatest indicator of poverty

Inside Philanthropy | Land Rights in Poor Countries Is a Hot Cause for More Funders. Here’s Why

Yes, CATO estimates more than 1,000,000 homes have been taken since 2005 Kelo.

How did they get to 1,000,000+ homes if there is no national data base? CATO used the Census Bureau’s American Housing Survey.

CATO says the homes taken fall heavily on minority home owners.

• 29% African American
• 32% poor
• Poor African Americans are 2 TIMES as likely to be displaced by eminent domain

CATO Institute | A Million Homes Taken Since Kelo

What bill wants to limit eminent domain power in power line cases? Congressmen Boozman & Womack each filed the Assuring Private Property Rights Over Vast Access to Land, or APPROVAL, Act, which would rewrite Section 1222 of the 2005 Energy Policy Act

What is it they want to limit? Federal government eminent domain authority in power line construction.

Why do they want to limit federal eminent domain power? They want to shift leverage to the states in interstate power line construction.

Why is this imporant to 2 guys from Arkansas? There is a regional power line that Arkansas and Missouri have sought to block at the state level because neither state would receive power from the lines. The lines would simply traverse AR and MO. The feds may usurp the state’s power to block the line.

Why is this important to Texas? Mexico de-regulation will lead to power lines built in Texas that bring power to Mexico, and that raises the question whether there is a public use in Texas exactly like the Congressmen from Arkansas are addressing.

Southwest Times Record | Boozman, Womack Speak In Support Of Bill To Limit Eminent Domain 

No eminent domain for private gain has been echoing around the country. What happened this week:

The Legislature raising public use standard: South Carolina

The Problem that sparked the legislation: A controversial pipeline that upset property owners but the company behind it said eminent domain would be used for about 1% of the project.

The Legislation :“A private pipeline company would have to show the line is a public necessity — meaning it’s vital to the welfare of the people of this state and that’s only after considering any environmental harm that the pipeline might cause,” 

The Post & Courrier | S.C. lawmakers consider ways to regulate proposed oil pipeline that would run through the state

On Friday, Ocotber 23, 2015 St. Louis aldermen voted to approve eminent domain to retain a geospatial “spy agency” in St. Louis. 

• In a vote of 19-5, they voted to use eminent domain against 19 properties
• The city won’t use eminent domain unless it is chose for the $1.6 Billion development for the “spy agency”

St.Louis Post-Dispatch | Eminent domain gets the OK so St. Louis can try to keep spy agency

What city is trying to retain an employer by using eminent domain?

St. Louis may lose the company that does super secret geo-spatial work for the US Military.

What impact will the acquisition of property have on property owners?

If St. Louis chooses to use eminent domain, it could foreseeably impact a developer & 19 other property owners. 

What is the economic impact of the business to St. Louis?

3,000 jobs & 2.4 million in tax revenue

KPLR 11: St. Louis city may use eminent domain to secure land for National Geo-Spatial Intelligence Agency

St. Louis Public Radio: Eminent domain for city’s NGA site could include McKee

Move-On.org, home to online petitions, has 44 eminent domain petitions, the overwhelming majority oppose development.

The most popular anti-eminent domain sentiments:

• No eminent domain for private gain (AKA no eminent domain for private companies)
• Stop Pipelines
• Stop Electricity Lines
• Stop eminent domain for underwatr mortgages 

• “significant weaknesses in its processes for the expenditure of state asset forfeiture funds”
• 10% of expenditures did not comply with state requirements for use of asset forfeiture property
• 18% of asset forefeiture expenditures did not have adequate documents
• Dallas County District Attorney Office should clarify its budgeting process to reflect permitted uses of asset forefeiture property
• During the SAO investigation the State Auditor received a “complaint regarding potential fraud relating to revenue deposits at the District Attorney’s Office.”
  • The SAO is investigation.

State Auditor | An Audit Report on the Expenditure of State Asset Forfeiture Funds at the Dallas County District Attorney’s Office

TPPF remains opposed to annexation & supports annexation reform.

TPPF | TPPF Statement on Delaying San Antonio’s Vote on Annexation

Previously on Information Intelligence on September 10, 2015:

4 Reasons TPPF Supports Annexation Reform

Pointing to a new forced annexation of 87 square miles and 52,000 Texans in San Antonio, the Texas Public Policy Foundation proposes passage of annexation reform.

TPPF backed  SB 1639 and HB 2221 from the 2015 Texas Legislature. These were good reforms for these 4 reasons:

• “growing government spending is not a reasonable justification for trampling on someone’s private property rights”
• Reform needs to include cities providing “a written contract for services shown in at least two public hearings”
• Reforms must include a required tapproval by a majority of residents
• Local governments should not “impose their taxes, debts and big-government structures on an unwilling populace”

TPPF

What’s happening in new Hampshire? The key early voting Presidential state is expereiencing protests against a pipeline.

What’s the Republican govenror saying? The Governor has not taken a position.

What are Republicans saying? Opposed to the taking of private land.

Are there othere issues that contribute to the protests? Yes, environmentalists are concerned about conservation land that the pipeline will traverse.

Union Leader | Pipeline opponents give governor an earful at Executive Council meeting 

Farmers in West Texas aren’t pleased with pipelines that are being built to bring product to and from Mexico. The farmers focus on 2 national trends:

• No Eminent Domain for Private Gain Mantra Arrives in Texas. “Eminent domain – I always thought was meant to be for the good of the people, for the benefit of the people. In this case, the only thing it’s for is the greed of the company.”

• Big legal trend requiring that the public use or benefit accrue in the state permitting eminent domain. “Nobody here is benefiting from that,” he said. “That gas line is going directly into Mexico, to provide Mexico with natural gas for their power plants.”

AP via Washington Times | Some farmers in West Texas raise concerns about pipeline

• Pipeline machinery are a nuisance to tranquil enjoyment and to cotton crops
• Pipelines threaten lawsuits from the outset
• Farmers fear retailiation by the pipelines

Farmers talking about a proposed west Texas pipeline that will bring products to Mexico.

AP via Washington Times | Some farmers in West Texas raise concerns about pipeline

In a Fox News Interview with Chris Wallace, Donald Trump clarified his position on eminent domain by saying:

• “I’m only for eminent domainwhen it is used to create jobs.”
• “…eminent domain is something you need.”
• ” I think that would have been a good eminent domain because you would have provided thousands of jobs. And this is a woman who couldn’t have cared less about her house. All she wanted was money.”
• On Keystone Pipeline he says:
  • “That’s a big economic development. But remember this: all of these people that we’re talking about, they’re friends of mine. They all love the Keystone Pipeline, right?
    The Keystone Pipeline is all eminent domain. They’re building that pipeline without eminent domain, you wouldn’t be able to build.”

Real Clear Politics | Trump: I’m Only For Eminent Domain When It’s Used To Create Jobs

Drones collect data. Data everywhere. Private data. Public Data.

Legislatures and local governments are focused on …How long that data is stored, under what conditions, and under what disclosure requirements is legislative fodder.

Are these private drones or public drones? Data release and data storage could apply to either. Here are 3 of the legislative questions:

• Are there penalties for a person’s private drone that collects data of someone’s private property?
• How long can law enforcement keep drone data?
• Can they release drone data if the data is superfilous to a criminal investigation?

Georgia is starting to tackle these issues with a focus on how much would it cost for law enforcement to keep or maintain non-investigative drone footage.

WABE Atlanta

• Does a development project, that receives, some public financing qualify the entity to use eminent domain in Arkansas?
  • No one at the Little Rock Tech Park Authority knew for sure.
  • But, a former elected official, of the Democrat persuasion, put of staunch resistance to eminent domain authority
• What’s the problem for them with using eminent domain? 
  • Costs more money to use eminent domain than to negotiate
  • Any time spent in court fighting over eminent domain costs the project time and money
• Voting Members of the Tech Park Authority support higher offer prices to the property owners.

UALR Public Radio | Tech Park Again Faces Finance And Eminent Domain Troubles

Ohio prohibits state funds from being used for eminent domain projects, including projects for hike and bike trails. 

Athletic Business | Plan for Adding New Trails to Network Approved

• Senate State Affairs
  • Eminent Domain: Compensation provided to private property owners for property. Hello, fair market value that properties owners seek. 
• ​Senate Natural Resources
  • Will peek into eminent domain when they look into federal regulations on new clean water plans. Rural folk don’t like  these federal regs that require mapping of small water ways on private lands.
• Senate Criminal Justice
  • Civil Asset Forfeiture
• Veteran Affairs & Military Base Installations
  • Military Base Encroachment
• Senate Transportation
  • Monitoring Charge: Removing eminent domain authority from private toll corporations
• Senate Inter-governmental Relations
  • Annexation
  • Municipal Management Districts

• San Antonio’s “aggressive annexation” will “force as many as 200,000 Texans to become city taxpayers by the end of 2016”
• Growing San Antonio’s revenue base cannot trump property rights
• 2017 Legislature must reform annexation

TPPF | TPPF Statement on San Antonio’s Aggressive Annexation Efforts

The Winning argument of the Pipeline: The pipeline is intrastate and not regulated by FERC. See, look here, Pennsylvanians get a public use/benefit. 

What’s the deal? Pennsylvania courts have been wrangling with whether a Sunoco pipeline qualifies for eminent domain. 

Why does Intrastate or Interstate matter? Eminent domain usually requires a public use or benefit. An interstate pipeline that doesn’t provide supplies to a state may not offer a public use or benefit, and thus has no eminent domain?

How did Sunoco get eminent domain authority? 2 Reasons Why

1. Sunoco is a ‘public utility corporation’ as defined at 15 Pa. CSA Section 1103 which gives it eminent doamin authority

2. The project in its details, explains how Pennsylvanians will benefit from pipeline supplies. Folks, this part is crucial to seal the deal for eminent domain.

Legal Intelligencer | Judge Rules Sunoco Has Eminent Domain Power in Pipeline Project

Michigan legislature is moving a bill to refrom civil asset forfeiture laws that will:

• Increase the burden of proof for police to “clear and convincing evidence,” that the property came from crime. Up from “preponderance of the evidence.”
• Local police will be required to document the property they seize & their investigation with Michigan state police
• Michigan state police will have to post online all civil asset forfeitures
• Expanded to the number of crimes for qhich asset forfeiture reporting will be required to include: prostitution, gambling, human trafficking, identity theft

The civil asset forfeiture reform had bipartisan support and is expected to be signed by Gov. Snyder.

Why does this matter to Texas? Because asset forefeiture reform has been in the works for years and is supported by TPPF and the ACLU.

What’s the bottom line? Asset forefeiture can be used as proceeds to fund local law enforcement. Greater reform, leads to less forefeitures, and that leads to less revenue for local law enforcement.

Governing | Michigan Makes It Harder for Police to Seize People’s Property

1. As a Florida state legislator, Rubio chaired a special commitee on Florida’s eminent domain laws.
2. Rubio wrote the Florida eminent laws which he says protect private property, prevent eminent doamin for economic development & were awarded an A by the Castle Coalition.
3. On Fox News on Tuesday, Trump called eminent domain “a wonderful thing”

Rubio took to Hot Air to respond, and the response is spreading. 

Roll Call | Rubio, Trump Begin to Spar Over Eminent Domain

International Business Times |  Marco Rubio-Donald Trump Fight: Young Senator Takes Shots At Real Estate Mogul For Eminent Domain

Hot Air | Hot Air exclusive: Rubio speaks out against abuse of eminent domain

American Spectator | DONALD TRUMP EXPLAINS WHY EMINENT DOMAIN IS AWESOME

Chicago O’Hare needed a new runway. To get land for the airport, the city used the treat of eminent domain.

The city assuaged the threat of eminent domain by “assuring residents that the construction “would not have a material impact upon their lives, property or neighborhoods.”

Residents filed suit alleging  that

1. the city’s assurance that the volume of air traffic would not be signficiant was untrue
2. The city trimmed neighborhood trees because the fight paths for the new runway were so low
3. A local elementary school closed due to the new runway noise
4. A falling airplane engine damaged property
5. Property values took a nose dive

Courthouse News Service | Residents Crazed by Ohare Runway Noise

This week Marco Rubio joined Rand Paul in attacking Donald Trump’s view that eminent doamin is “a wonderful thing.”

Rubio touted his legislative work to support private property rights, including:

• Private Property protections in statute and as constitutional amendment
• Eminent Domain statutes should disallow transfer of property after it has been condemned to another private property owner
• Private developers should not benefit from eminent domain

Weekly Standard | Rubio Hits Trump on Eminent Domain

Air BnB is putting in $3.6 million to defeat San Francisco’s ballot proposition concerning short term rentals.

What’s the regulatory problem? The ordinance would restrict how often property owners can rent out their spaces and establish new mechanisms for enforcing those limits. 

What’s going on with supporters of this ordinance? They have about $200,000 & consist of national labor union, hotel workers, and the San Francisco Apartment Association.

The Recorder | Airbnb Digs Deep to Block S.F. Ballot Bill

3 ride share drivers have partnered with the Institute for Justice to challenge Chicago’s “cab cartels.”

What did the cabs allege against the city ride share ordinance? That the ordinance amounted to a taking of their property which could have put the city on the hook for millions.

This week the federal judge ruled in favor of the ride share drivers by  throwing the cab claims that Chicago’s ride share ordinance amounted to a taking of the private proeprty against the city’s cab companies.

Institute for Justice | Chicago Ride Sharing

Who is involved in this challenge to pre-condemnation access to land?  Atlantic Coast Pipeline and a group of landowners

What pre-condemnation is being challenged? A federal court looked at a state law that allowed a condemning entity, in this case a pipeline, to enter land it would otherwise condemn for the purpose of surveying the land.

What arguments did landowners make against pre-condemnation access? “state law violated the U.S. Constitution by taking their property, seizing their property rights and failing to give due legal process.”

Who won? Pipelines. The judge said that pre-condmenation access to survey was consistent with common law and had been in long practice in Virginia. 

Richmond Times Dispatch | Federal judge upholds state law allowing surveys of private property for gas pipeline

Washington DC is building a new MLS stadium. MLS is futbol –the world’s football. It’s played with a round ball, not a pointed oblong shaped object.

To build the MLS stadium, it needed to aquire land. Acquiring land isn’t always easy, and at times requires eminent domain.

To move forward with eminent domain, the city filed suit against land owners. The city then issued a press release that said the stadium will:

• transform a neighborhood
• generate hundreds of new jobs

DC.gov |  District Files Eminent Domain at Buzzard Point in Preparation for New DC United Stadium

AP |  District of Columbia seeks eminent domain at stadium site

MLSSoccer.com | District of Columbia files for eminent domain to clear way for DC United stadium at Buzzard Point

Who is fighting blight with data sharing? New York cities of Amsterdam, Gloversville, Schenectady and Troy and the University of Albany’s Center for Technology in Government

What data are these cities sharing? code enforcement–related data and develop best practices for tackling the problem

Why are they sharing data? Blight costs the cities.  Direct blight costs include:

• code enforcement
• administration
• engineering
• property maintenance

Indirect blight fighting costs for cities are:

• uncollected taxes
• devaluation of adjacent properties
• impact on city services such as police and fire calls.

This new pilot project in a regional view is “groundbreaking.”

State Tech Magazine | Blight Busters