Land Use & Property Rights

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

A $15 Million legal bill forced a Kentucky city to file for bankruptcy.

How did this happen? A suburb of Louisville had a land dispute with a trucking school that spent years in court.

What was the legal dispute? Land use. The trucking school had been leasing land from the city with an option to buy. The city never allowed the school to buy the land. The trucking school had business losses as a result and the court agreed, ruling in favor of the trucking school.

What judgment was levied against the city?  $15 million, including interest it grew by  $3,759.54 a day.

Wallstreet Journal | How a $15 Million Legal Bill Put a Kentucky Town in Bankruptcy

Landowners have used the legal process to stop Keystone XL & got a win this week. 

How did landowners win? An Eminent Domain action against various landwoners has been dropped by the pipeline.

Why drop a lawsuit against landowners? Don’t they need to build their pipeline?

 Case law under the current eminent process favored landowners through the Nebraska Supreme Court.

Do the pipelines have an alternative course of action? Yes. The Pipeline will try another regulatory route through the Nebraska Public Service Commission to avoid the local land disputes.

KNLV 1060 | TransCanada Drops Keystone XL Eminent Domain Lawsuits in Nebraska

Longview News Journal | Keystone developer drops landowner lawsuits  & US News 7 World Report

WN.com | Keystone XL pipeline developer reverses course in Nebraska, drops eminent domain claims​

UPI.com | TransCanada tries new legal route for Keystone XL

What project wanted eminent domain authority? A transmission line for the Grain Belt Express which was set to run through Kansas, Missouri, Illinois & Indiana.

How was eminent domain authority denied? 

• The Missouri Public Service Commission denied eminent domain authority because the transmission lines would not benefit Missourians. The lines would only transverse Missouri without providing power. 
• The Arkansas Public Service Commission also denied eminent domain authority as there was no benefit to Arkansans. 

Has the transmission line secured eminent domain authority in other states? Not yet. Currently issue is in dispute in Illinois. 

Who is opposed? Usual suspects: legal groups, Illinois Farm Bureau, and individual landowners.

My Caldwell County News: Missouri Commission Rejection Stands

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

Same 3 points made as eminent domain attacks on Trump continue this week with:

• Trump threatens Club for Growth with lawsuit. CNN via BigCountry News
• NPR: Its All Politics: Get Off My Lawn: Conservatives Critique Trump on Eminent Domain

Previously on Information Intelligence, 3 Attacks Points fromt eh Club for Growth:

1. $1 Million spent on 3 ads in Iowa
2. ““Trump supports eminent domain abuse  …  Trump, the worst kind of politician,”
3. Trump attacks back.
   1. Yes, he supports more taxes on top earners
   2. This attack is because Trump wouldn’t give Club for Growth $1million donation in June

Christian Science Monitor: Conservative Club for Growth slams Trump: Empire Striking Back?

CBS News: Conservative Club for Growth launches $1 million anti-Donald Trump campaign

Washington Times: Donald Trump is economic liberal, Club For Growth warns

The Golden State this week created new, limited redevelopment agencies to fight blight.

What limited powers do the blight fighting redevelopment agencies have?

• limit the applicable projects to affordable housing, hazardous waste cleanup and other projects in disadvantaged communities
• Only permit less tax money to be used
• Limit the use only in economically distressed areas

What does opposition say?

• The new, limited redevelopment system is a land grab by local governments
• Oppose allowing the use of eminent domain
•  punish property owners for “things they are powerless to change: unemployment, crime and poor infrastructure.” -Institute for Justice [The Kelo liitigators]

Isn’t this version 2.0 of these? Yes, a previous redevelopment agency system was repealed in 2011 due to:

• waste & corrpution
• the diverted tax money removed money from public education & social service programs
   

Governing   Los Angeles Times: Gov. Brown approves new plan to target blight in California

OC Register Editorial:Redevelopment agencies return, in new guise, to California

Reason: Redevelopment Authorities (and Their Eminent Domain Abuses) Resurrected in California

1. “CEO Tim Keith said the company takes concerns about eminent domain seriously.”
2. WIll be transparent, meet in person & make attractive offers.
3. Texas Central Rail understands that a “person’s property is very personal.”

Texas Central Raill will host more public meetings will occur this fall & opposition remains commited.

KERA News: Opponents Call For More Transparency On The Dallas-To-Houston Bullet Train

A new documentary details the plight of landowners that oppose the Bluegrass Pipeline. Top 5 complaints from landowners:

1. companies misled landowners over the type of product in the pipeline by alleging the pipeline was for natural gas instead of natural-gas liquids. 
2. natural gas liquids are highly flammable
3. the pipeline serves no public use
4. surveyors enter property without permission
5. Oil companies deny trying to mislead or intimidate residents

What was the end result? 

• Landowners won. The pipeline project was cancelled.
• Kentucky Court of Appeals upheld a lower court’s decision that the pipeline partnership cannot use eminent domain because it neither serves a public use nor is it regulated by the Public Service Commission. 

Documentary Information: selluswilder.com

WEKU Documentary Chronicles Grassroots Struggle Against Bluegrass Pipeline

What’s this ranking about? The Fraser Institute ranks countries on their economic freedom.

What ranking is the U.S.?  16th

Which counties beat the U.S.?  Hong Kong and Singapore lead the pack and are joined by New Zealand, Switzerland, United Arab Emirates, Mauritius, Jordan, Ireland, Canada, and the United Kingdom 

Why has the U.S. fallen in rankings? overregulation, civil asset forfeiture, eminent domain, and other factors have combined to make the country much less business-friendly, according to Per Bylund of Oklahoma State University. 

Fraser Institute 2015 Annual Report on Economic Freedom

KRMG: OSU Professor: US sliding badly in terms of economic freedom 

North Carolina is moving a bill to strip cities of their ability to condemn outside their municipal borders.  The cities will still be able to move forward with eminent domain if they get consent of county commissioners. 

Property rights activists have been singing this tune in Texas for years as cities in Texas use their powers in their ETJ.

HB 875 North Carolina Legislature

Go Blue Ridge.Net | Eminent Domain Bill Moving

HiCounty Press: Soucek Adavances Bill restricting Eminent Domain 

St. Louis NFL backers gained the power of eminent domain this week when the Regional Sports Authority voted unanimously to allow for eminent domain.

The Regional Sports Authority Chairman said he did not expect to use eminent domain, but it is available if necessary.

The new Riverfront stadium is in the planning stage and has spent $9 million with “no commitment from any NFL owner… to invest $250 million in the plan.” Whther the Rams stay or go is anticipated to be announced by the NFL in January.

CBS St. Louis: St. Louis NFL Stadium Backers Gain Power of Eminent Domain

The Legal Decision a Win for Landowners. Landowners in Long Beach, New York prevailed in court this week when an appeal by the city was denied.

$5.5M per landowner for undervalued land in eminent domain. The decision awards $19 million for land values, attorney fees and costs, plus interest to land owners. Each landowner was underpaid for property at the roughly $5.5 million each.

What is the city doing with this land? A Developer wants to build luxury apartments, retail space, and a boardwalk. It was a 2006 effort to revitalize the area.

Long Island Herald: Long Beach Superblock appeal denied

TPPF tells us red states are moving to reform cvil asset forfeiture laws because:

• affront to central conservative ideals of property rights]
• affront to due process of law
• affront to the rule of law  

Recommended reforms:

• abolish civil asset forfeiture entirely
• prohibit or regulate asset sharing with the federal government
• implement loser pay, so that the government pays attorney fees for innocent citizens
• require the state to “substantiate the property owner’s involvement in a crime before forfeiting property”
• require asset forefeiture funds to “go to an account managed by an external entity with oversight on the forfeiting agency”
• require the publishing and reporting of asset values of forfeited property 

The Aliens are Coming. The U.S. Airforce controls Area 51 in the Nevada desert. To enlarge its alien collection, or some other non-tin foil hat reason, the U.S. Air Force wants to expand Area 51.

Private Property Rights are Gold- literally in Nevada. Rural Nevadans are a lot like Texans- independent minded- and land loving. 

The Feds want to acquire mining lands. The Sheahans have owned hundreds of acres since the 1880s. They’ve buried their family members on the land. The U.S. Ariforce wants to buy 400 acres of mining land for $5.2 million. The fmaily says with mining rights, the property is worth $29 million.  (Note to self: silicon valley uses a lot of materials mined from Nevada)

Federal Courts will Decide. The family has fought eminent domain for most of the 20th century. 

CNN Wire | Fox4KC: Family with land next to Area 51 says U.S. Air Force is using Eminent Domain

Inquisitir: Airforce Asks Courts to Condemn Area 51 Land

Who: Joint forces of private property rights advocates & environmentalists

What: Protesting the Constitution Pipeline in New York

Why does this matter? Because this trend was started by Texans. Willie Nelson headlined a concert protesting Keystone XL Pipeline. 

What they’re saying: 

• threats to landowners
• moving toxic waste through greenspace
• commercial appraisals are low on oil and gas facilities, which hurts communities 

Watershed Post: Scores protest pipelines at rally in Franklin

1. $1 Million spent on 3 ads in Iowa
2. ““Trump supports eminent domain abuse  …  Trump, the worst kind of politician,”
3. Trump attacks back.
   1. Yes, he supports more taxes on top earners
   2. This attack is because Trump wouldn’t give Club for Growth $1million donation in June

Christian Science Monitor: Conservative Club for Growth slams Trump: Empire Striking Back?

CBS News: Conservative Club for Growth launches $1 million anti-Donald Trump campaign

Washington Times: Donald Trump is economic liberal, Club For Growth warns

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

Kentucky Legislature is debating whether to permit a proposed repurposing of an existing natural gas pipeline. The debate has brought to light 70 year old easements.

Clearly thoughts have changed in 70 years. The safety of the types of fluids that traverse the pipes, plus recent safety issues are weighing on legislators.

Here’s what one Kentucky legislator said publicly:

“I say that there should not be a legal argument that you have the right to take someone’s property to put a dangerous, hazardous chemical pipeline in through the governments taking of the property,” Kay said. “We will look at this issue.”

CN 2 Pure Politics: Lawmakers express concerns over proposed repurposing of natural gas pipeline

Once upon a time, Trump sought to use eminent domain against a widow’s home to obtain land to build a limo parking lot. Today the story is on the front of the Washington Post Style Section.

CATO: Donald Trump, Eminent Domain, and the Widow’s House

Washington Post: The time Donald Trump’s empire took on a stubborn widow — and lost

Information Intelligence Ausgust 27, 2015:

CATO, the libertarian leaning think tank, sounding the horn on Donald Trump and his reliance on eminent domain.

The juicy bits:

• “But no one seems to have brought up a bullying business practice he’s particularly fond of: eminent domain.”
• Trump benefits “from the coercive power of the state to kick innocent Americans out of their homes.”
• “Conservatives were especially outraged by this assault on property rights. Not Donald Trump, though. He told Neil Cavuto on Fox News: “I happen to agree with it 100%. if you have a person living in an area that’s not even necessarily a good area, and … government wants to build a tremendous economic development, where a lot of people are going to be put to work and … create thousands upon thousands of jobs and beautification and lots of other things, I think it happens to be good.””

CATO

In Mississippi, the Republican candidate for Senate district 37, wants voters to know she is pro private propety rights and supports eminent domain reform.

The Republican says her opponent, the former state Senator back in 2009 “sided with Republican Gov. Haley Barbour, who had vetoed a bill that would limit eminent domain. Barbour argued the limitation would hurt economic development, and Dearing agreed.”

Mississippi voters later approved eminent domain reforms in 2011.

Gulf Live via AP: Analysis: Former lawmakers aim for Mississippi Senate seats

Bloomberg: The Tiny Town that Hates Elon Musk

Background: Boca Chica, with its 26 residents, is home to Space X launch site. Space X has a safety plan for launch days:

• The Safety Plan limits the town residents movements on launch days.
  • Texans don’t love being told what to do, when to do it. They’re an independent lot.
• SpaceX’ will be sweeping the beach with drones and video surveillance.
  • Texans love private property rights and don’t love drones spying on them.

What the residents are saying:

• “I’m like, ‘Are you out of your mind?’” said Cheryl Stevens, 55, who settled in Boca Chica Village a decade ago in search of quiet, rustic beauty. “It’s like Nazi Germany.”
• Seizures of Private Land is on their mind: “When we first moved here, I just felt closer to the Lord,” said Bonnie Heaton, a retired hairdresser, who worries that one day SpaceX will somehow seize her beloved home on Weems Street. “Well, that peace has kind of gone out the window.”

California legislature passed a bill to protect property owners from drones filing within 350 feet above their property. Very pro-private property rights legislation.

This measure,  Senate Bill 142 , was vetoed by Governor Jerry Brown. The Governor is concerned that drone operators will be exposed to litigation.

Sacramento Bee

Courthouse News Service: Drone Regulations Grounded in California

Dr. Mark Miller, the 2014 Libertarian nominee for Texas Railroad Commissioner, and announced his candidacy for Texas Railroad Commissioner in 2016. From his statement:

“Among them were appropriate regulations for wastewater wells that trigger earthquakes and eminent domain abuse by common carrier pipelines. Sadly, regulations promulgated by the Commission under Porter’s watch turned out to be nothing more than window-dressing, resulting in additional bureaucratic busy-work, but with no substantive positive effects on protecting the Texas public. Even more sadly, this appears to be the usual state of affairs at the most important of state agencies.”

PR Newswire  Miller 4 Texas

Club for Growth, the fiscal conservative group, put out a White Paper on Trump.

• “Donald Trump is not a pro-growth conservative.
• He has advocated for universal, government-run health care, for a massive new tax, and for the abuse of eminent domain so the government could forcibly buy up your property for a developer to build a shopping center,”
• …the Club believes he [Trump] would not govern as president in accord with the pro-growth principles of limited taxation, free trade, less regulation, and lower taxes.” Soon, one or more candidates will need to make this argument.”

Washington Post | Chicago Tribune

Connecting the dots, HotAir explains that to build a border wall, requires that land be acquired.  Acquiring land by a governmental entity,  lends itself to eminent domain when landowners aren’t willing to give up their land.

Eminent Domain for a border wall is being called:

• more symbolic than substantive
• serious limits on what a fence can do
•  sharply declining returns on those fencing investments
• costly
• inefective

WTVC 9

An Elgin community meeting about the Vista Regional Water Plan was laser focused on eminent domain. The citizen comments abou the Vista water pipleine to move water to San Antonio :

• “The hyper growth pattern planned is similar to California’s”
• “This meeting is about eminent domain. When plans began for the Trans-Texas Corridor, the eminent domain issues began.”
• References to the Spanish company building the pipeline, like the Spanish company that was the focus of the Trans Texas Corridor
•  water grab  StopWaterGrab.org‘

Elgin Courier

Pipeline protesting proliferates the Northern Plains. The most recent rally cry is a purchase of billboard ad space along the proposed route of a pipeline. 

Dakota Rural Action purchased the billboards to get citizens engaged.  The determination whether to award eminent domain to the common carrier in the permitting process.

Considering the string of recent denials of eminent domain authority to private entities, like a pipeline, in the last few months, the billboard ad buy is a smart move.

Argus Leader: Billboards urge action on Bakken pipeline

In the 1950s and 1960s, a transportation authority in California gobbled up, with compensation, homes to make room for a freeway, and maybe some rail. High hopes. Big dreams of efficient transportation were for naught. 

Nothing was built. But since the mid 1900s, the state has leased the homes to residents, who now hope to buy their abode. 

Here’s the math, the homes were bought for $20,000ish, market price for nearby comparable homes now is $800,000.

LA Times

Today a federal judge blocked implementation of EPA rules which would have required mapping of small waterways on private land. The case will proceed; however, the rules have been temporarily blocked.

US News & World Report

July 9, 2015, Information Intelligence:

27 states and state agencies, as well as 14 agriculture-oriented organizations, have filed lawsuits across teh country to block the EPA water mapping project. 

The EPA is seeking to map water flows, including mapping of low flow waterways on private property.

Louisiana, Mississippi and Texas filed suit in U.S. District Court in Galveston, Texas. Joining the suit in Galveston are: American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Leading Builders of America, National Alliance of Forest Owners, National Association of Home Builders, National Association of Manufactures, National Cattlemen’s Beef Association, National Corn Growers Association, National Mining Association, National Pork Producers Council, and Public Lands Council.

High Plains AG Journal

CATO, the libertarian leaning think tank, sounding the horn on Donald Trump and his reliance on eminent domain.

The juicy bits:

• “But no one seems to have brought up a bullying business practice he’s particularly fond of: eminent domain.”
• Trump benefits “from the coercive power of the state to kick innocent Americans out of their homes.”
• “Conservatives were especially outraged by this assault on property rights. Not Donald Trump, though. He told Neil Cavuto on Fox News: “I happen to agree with it 100%. if you have a person living in an area that’s not even necessarily a good area, and … government wants to build a tremendous economic development, where a lot of people are going to be put to work and … create thousands upon thousands of jobs and beautification and lots of other things, I think it happens to be good.””

CATO

Mississippi State Senator Mike Seymour entered the race for his seat due to his opposition to eminent domain and China…. In his words:

“”The thing that separates us from Russia and China and all is our property rights. I understand eminent domain for transportation and stuff like that but when it comes to economic development, it shouldn’t be the government taking your property and selling it to another entity to generate more tax revenue. That’s not America. It’s something that shouldn’t even be brought to the table.”

Once again, the refrain sounds- no eminent domain, for economic gain. private Entities with eminent domain authority- pipelines, railroads, electricty transmission lines, private water entities- should all be on high alert.

Sun Herald

• “It puts big business and big government more and more in bed together, with ordinary Americans left out.”
• eminent domain is ” bully force against property owners”
• We need to prevent  “the government from taking private property and transferring it to another private property owner”

Rand Paul

Rand Paul vows to focus on private property rights and eminent domain abuses to show why Trump is not in line with Republican primary voters. 

What things are we going to hear?

• Rand Paul supports private property rights and opposes Kelo
• Donald Trump loves Kelo
• Donald Trump is a property rights abuser
• Kelo is crony capitalism that favors big business
• no eminent domain for private gain.

Reason     Breitbart  CBS News

TPPF is hosting a policy primer this week on Forced Annexation.

 This comes on the heels of San Antonio City Council voting this week to begin annexation of unincorporated areas of Bexar County. A move that TPPF called:

• “fundamental beliefs are under assault” by “forced annexation”
• “Forced annexation policies allow cities, like San Antonio, to impose their taxes, debts, and big government structures on people against their will.”

TPPF Study on forced annexation focuses on Houston annexation, and recommends that annexation reform:

• ” must protect the rights of property owners and residents in unincorporated areas, particularly within the Extraterritorial Jurisdiction”
• “must allow cities to initiate the annexation process”
• “must allow annexation to occur in a timely fashion, without undue delays.”

TPPF Policy Primer

TPPF on San Antonio’s Annexation Plan

He said/She said/They Said abounds with the TransPecos pipeline. Its like a love triangle with the drama of a telenovela:

• Trans Pecos says it has precondemnation access agreements with 95% of landowners in the path of Trans Pecos pipeline route
• Landowners say even if landowners allow access for surveying, it doesn’t mean that they support having their land taken. In fact, some still oppose the pipeline.
• Texas Monthly says opposition to the pipeline has been centered in Marfa, Alpine, and Fort Davis
• Brad Newton, the executive director of the Presidio Municipal Development District says that they welcome the jobs and economic growth
• Texas Monthly says supporters of the pipeline don’t have an impassioned grassroots movement behind them, but they do have one advantage: state law is largely on their side
• Pipeline opponents are holding fast to the memory of past battles. Activists in the region successfully fought against a nuclear waste dump in Sierra Blanca in the nineties and foiled El Paso’s attempts to take the area’s scarce water resources a decade ago. 

Texas Monthly: A Pipeline in the Sand

Trans Pecos is building the international pipeline through Big Bend and ranch lands. One of those ranches believes pipeline representatives entered to survey without permission. This trespass included sinking stakes into the land. 

As a result of the pipeline trespass…an impending lawsuit. Its a case of landmen gone wild, threatening cease and desist orders against land owners.

BigBendNow

Houston churches that were facing eminent domain to make way for a new Housing Authority development, have sued to stop the eminent domain based on the Religious Freedom Restoration Act (RFRA).

RFRA is usually only a hot topic when conservative activists want to strengthen it to stop the social issues they oppose. 

But, the use of RFRA by the churches to stop eminent domain adds an added lawyer of constitutional protection. Now the local governmental entity will have to prove:

• there is a valid public use/benefit
• + that there is a compelling reason and the exercize of eminent domain is in the least restrictive means possible. 
  • Considering thre were multiple draft plans, the churches have higher odds of being successful

JD Supra

Previously on Information Intelligence:

Two 5th ward churches are in a brewing eminent domain battle over property that the Houston Housing Authority would like to develop for low income housing and a library. This story has it all- historic churches, a wheel chair bound pastor, and a city relying on recommendations from the neighborhood itself.

The churches: 

• First Christian Fellowship Missionary Baptist Church
• Latter Day Deliverance Revival Church

The legal actions:

• The churches, representated by the Liberty Institute, are seeking to stop the seizure of their land.
• The city says:
  • Only pursuing eminent domain against the Latter Day Revival Church
  • Negotiating, without using eminent domain, with First Christian Fellowship Missionary Baptist Church
  • And that they relied on recommendations from the Fifth Ward Redevelopment Corporation for the project

Let’s not forget the KY judge, who in 2014  stopped eminent domain at the trial court level because a church’s First amendment rights trump that of a government’s eminent domain authority.

Houston Chronicle     Houston Press     Legal Insurrection

• Washington Post:  Trump heralded the Kelo decision, which 80% of conservatives oppose. At the time, Trump said:
  • I happen to agree with it 100%. if you have a person living in an area that’s not even necessarily a good area, and … government wants to build a tremendous economic development, where a lot of people are going to be put to work and … create thousands upon thousands of jobs and beautification and lots of other things, I think it happens to be good.”
• CATO: Trump utilizes eminent domain through the casino reinvestment development authority to take land from elderly widow for parking lot. He ultimately lost in court.

California Gov. Brown is proposing to take land via eminent doamin from 300 farmers so some river deltas can be reworked to bring more water to populated areas.

Breitbart engaged a water and land use lawyer with the Pacific Legal Foundation, who said 3 important things:, 

• No oversight in eminent domain projects:“..the use of eminent domain does not allow for a proper system of “checks and balances,” even for controversial state infrastructure projects.”
• California can start work before legal issues are resolved.“The fact that they don’t have the project approved has generally not been a bar to acquiring the property,” Francois said. “If the project is controversial, they don’t need any special approvals to acquire the property, and that starts making the project look more inevitable. [State contractors could say] ‘Hey, we’ve already spent the money acquiring the property, we better get started building it.”
• Is the compensation to farmers just? “Are they only taking the property they need for the underground tunnels, or are they taking the surface estate as well?” Francois said. “It’s the cutting [the land] up that creates a significant problem that farmers think they are not getting properly compensated for.”

Breitbart

A brewing legal dispute in Iowa highlights the momentum away from allowing eminent domain authority for pipelines, transmission lines, and other utilities that are privately owned. 

An Iowa Attorney:

“The larger issue — what it really comes down to — is whether these guys have the power of eminent domain. this is not a utility, it is not public, it is not providing any necessary public service. A number of other cases have rejected such eminent domain arguments — the Bluegrass Pipeline case in Kentucky, the Clean Line case in Missouri, and a West Virginia district court ruling on a natural gas pipeline. I think the courts have trended a bit toward the constitution as opposed to private interests.”

Spencer Daily Reporter

Iowa- home the Presidential state fair and its fair share of pipelines. One Iowan expressed these views of the Ames Tribune:

“I see only corporate greed, trampling of private property rights and a threat to Iowa’s environment. Here’s my beef: show me the public good. “

His comments reflect tw growing eminent domain trends:

• a message & campaign trend of “no eminent domain for private (corporate) gain”
• a legal trend of denying pipelines eminnet domain when the pipelines do not deliver products to the land area taken. (Courts throughout the country are looking for a direct public use or benefit.)

Ames Tribune

California’s Governor Jerry Brown has proposed water tunnels to move water around California.  California farmers have water and the cities need it.

To accomplish this great water migration, California is proposing to use eminent domain against 300 farms to build the 30-mile-long tunnels that will reshape the delta formed by the San Joaquin and Sacramento rivers.

Landowners are facing a 30 day window to either accept or reject 1, single, offer from the state according to documents. 

AP via GOPUSA  AP (full AP story)   CBS Sacramento  Fresno Business Journal

Entering the SD 24 campaign is Christopher “C.J.” Grisham of Temple. He is the founder of Open Carry Texas, and has very specific views on private property rights.

Let’s take a peek, shall we? He says:

• “Property taxes are a form of slavery. When the government has the power to seize your property just because you don’t pay a ransom in the form of a tax, we don’t truly have private property rights.”

Temple Daily Telegram

California is toying with leasing water rights to bring water to needed areas of the state. In California farmers generally have the water rights and the cities are in need of water. 

The California farmers consider the water rights to be their private property and as such, they should be able to enter into agreements to lease those water rights.

MoneyLife  

ProPublica

This week, Representative Isaac said,

“You don’t go on top of people’s property and steal their property. That’s theft, and I feel it is the same way with protecting private property rights if you are going to go under someone’s property and take their water.”

A 2015 bill by Rep. Isaac requires well owners in the part of Hays County that is protected by a conservation district to register those wells with regulators.  

TWCNews

The California Supreme Court last August ruled that if a project gets enough signatures to put it on the ballot, a city council can approve it without going to voters and without a California Environmental Quality Act review.

It is a ruling that is like sugar plm fairies dancing in the dreams of retail developers.

A 200 acre retail development in Carlsbad is moving forward under this ruling, side stepping requirements of state environmental review and voters. 

Voice of SanDiego

Asheville, NC is considering new rules for short term rentals including:

• Fines up to $500 per night
• Move away from complaint driven enforcement and move to a full time municipl employee enforcing the short term rental rules

The goal of the short term rental rules:

• Stop out-of-state property owners from buying up homes and “jacking up already high housing costs.”

CitizenTimes

11 states are bandying about 36 pieces of legislation to gain state control over federal land management. 

Supporters say the state should control land within its boundaries. Opponents, like the Center for Western Priorities issue reports entitled,  “Going to Extremes: The Anti-Government Extremism Behind the Growing Movement to Seize America’s Public Lands.” 

Polls say 52% support federal control over the public lands. But in these large western states, like Nevada where 85% of the land is under control of the federal government, the polls are discarded.

The most active states to gain state control over public lands: Nevada, Utah & Montana.

Governing

Eminent Domain works much differently in Mexico. The options are (1) take the negotiation or (2) Presidential decree will swallow up your land without any payment.

To that end, a group of landowners, who own land in the path of the pipleine heading toward Big Bend, accepted an offer of $750/each for a pipeline easement. 

Big Bend Now

This week a Clay County Farmer reclaimed 94 acres of land he lost in a Red River boundary dispute in the 1980s with eht Bureau of Land Management. 

Gainesville Daily Register

Breitbart

Times Record News

Add West Virginia to the list of states where judges are blocking access for pre-condemnation access to land without land owner permission.

Its generally legal that condemning entities can enter land that they will condemn to survey the land. But, that general ability is being called into question by the courts.

In 2014, California trial judge put the breaks on pre-condemnation access. This week, a West Virginia judge is blocking surveyors for the Mountain Valley Pipeline project from entering land without permission. 

The Register-Herald

Two 5th ward churches are in a brewing eminent domain battle over property that the Houston Housing Authority would like to develop for low income housing and a library. This story has it all- historic churches, a wheel chair bound pastor, and a city relying on recommendations from the neighborhood itself.

The churches: 

• First Christian Fellowship Missionary Baptist Church
• Latter Day Deliverance Revival Church

The legal actions:

• The churches, representated by the Liberty Institute, are seeking to stop the seizure of their land.
• The city says:
  • Only pursuing eminent domain against the Latter Day Revival Church
  • Negotiating, without using eminent domain, with First Christian Fellowship Missionary Baptist Church
  • And that they relied on recommendations from the Fifth Ward Redevelopment Corporation for the project

Let’s not forget the KY judge, who in 2014  stopped eminent domain at the trial court level because a church’s First amendment rights trump that of a government’s eminent domain authority.

Houston Chronicle     Houston Press     Legal Insurrection   

A 2011 Michelle Malkin column ties Donalad Trump to eminent domain abuses. The highlights:

• “Too many mega-developers like Trump have achieved success by using and abusing the government’s ability to commandeer private property for purported “public use.”‘
• “Trump has shown reckless disregard for fundamental private property rights. In the 1990s, he waged a notorious war on elderly homeowner Vera Coking, who owned a little home in Atlantic City that stood in the way of Trump’s manifest land development.”
• Trump doesn’t dirty his hands, instead eminent doamin is exercised by the Casino Reinvestment Development Authority or CRDA

RealClear Politics

Officials in Tulsa, Oklahoma want to remove the statutory requirement that if landwoners at trial receive a value 10% higher than the special commissioners, then the local government has to pay the landwoner fees and expenses.

Paying attorney fees and expenses led to this comment by a Tulsa official: “That 10 percent rule is basically a pain in the neck,” Swiney said. “I think it leads to abuse. It leads to bill padding. It discourages settlement and encourages litigation.”

Public Radio Tulsa

…”The city has never capitalized on this to bring tourism. The neighborhood where homes and businesses once stood, is now a giant weed-filled lot near the water. The proposed hotel, condo, restaurant and office complex that was supposed to be built went out the window because the development company that was awarded the contract went out of business after leveling all of the homes and businesses that were there.

This parcel is next to the property that was given to Pfizer by the city. That deal came with a 10-year tax abatement. They built an office complex on the waterfront, across the river from their main plant. They left in year nine and sold the property to General Dynamics Electric Boat division.

Many families and businesses were uprooted and forced to leave town because of the unavailability of replacement property. Shame is on the town planners for bringing this on, and shame on the Supreme Court for reinforcing their decision.”

Sun Sentinel

This fall filming will being for Little Pink House, the film devoted to telling the story of Susette Kelo.   

“[The producer] describes it as a classic David and Goliath story that focuses on Kelo, a single mother who had her Connecticut house seized by the city of New London and turned over to private developers. “

Reason    Little Pink House Film

Iowa landwoners are suing its version of the Texas Railroad Commission, because the Iwoa agency allowed a pipeline to have the authority to use eminent domain.

CBS2 Iowa

Long Beach Township took property from 7 beach front owners for a storm water project. Long Beach Township asserts it did so because a state agency told it to do so. A natual reply as that explanation worked well with our parents as 9 year olds- so and so made me do it. 

The beach project was voided, a win for landwoners.  But, since an eminent domain qualifying project was involved, the state & local government were able to start accessing the property from day 1.

The landowners also got a win when the court found landowners weren’t given proper notices.

Day 1 is when a court says, landowners are due compensation for:

• fair market value and interest,
• a pro-rated share of taxes and attorneys’ fees

NJ.COM

The South Carolina Attorney General issued an opinion asserting that a pipeline probably does not have eminent domain authority which sent legislators into overdrive. 

The proposal floating around would require an oil and gas comapny to get approval from:

• The head of the state Department of Health and Environmental Control
• The head of the  Public Service Commission (its  7  members are elected by the Legislature)

Augusta Chronicle

During the vetting process, the new Ferris City Manager was asked about his stance on high speed rail, bouyed by allusions of the use of eminent domain. 

Ellis County Commissioners Court opposes the high speed rail plan, in part because of the impact on farm land and the use of eminent domain.

Sherman, the new city manager, said he will be too busy running the city to get into politics like high speed rail.

Waxahachie Daily Light

The use of eminent domain for private gain, or in other words, the use of eminent domain by private comapnies like pipelines or transmission lines is dominating state assembly races.

It’s not just Rs and Ds rebuking pipelines for different reasons. Rs support private property rights. Ds are exhibiting a greater concern for environmental issues.

But, it’s also Libertarians, who are actively and viably challenging Republicans. 

The News & Advance | Lynchburg VA

Rural opposition to high speed rail in Texas has a champion in the organization, Texans Against High Speed Rail. 

Opponents to High Speed Rail wants 2 wishes granted:

• Greater Transparency in the process
• No use of eminent domain, rural landwoners do not want to sell for “any price”
  • In 2015 Senator Kolkhorst authored SB 1601 to prohibit eminent domain for high speed rail

Dallas Morning News  Houston Press