Tag: legislation

Posted on Nov 4, 2009 in News & Events

In Tuesday’s election, Texas voters overwhelmingly voted in favor of Proposition 11, a constitutional amendment limiting the state’s eminent domain powers. Prop 11 (H.J.R. 14, Article 1) limits the use of eminent domain for public use and specifically defines “public use” to specifically not include “the taking of private property for…transfer to a private entity for the purpose of economic development or enhancement of tax revenue purposes.” (See “Analyses of Proposed Constitutional Amendments”, the Texas Legislative Council, pps. 27, 57-60.)

Posted on Apr 17, 2009 in News & Events

In January the Wisconsin Law Journal featured an article entitled “DOT wants to cap legal fees for eminent domain takings.” The author explained that WisDOT had proposed the changes as part of it’s 2009-11 budget and as a result of an increase WisDOT had seen in the payouts between 2004 and 2007 resulting from taking private property by eminent domain. (See our 1/15/09 post here.)

Posted on Apr 15, 2009 in News & Events

On Monday, Maryland’s House voted 93-43 to pass emergency eminent domain legislation allowing the State to condemn the horse racing assets of Magna Entertainment. Yesterday, O’Malley signed SB 1072 (Chapter 3 of the 2009 Legislative Session) into law, effective April 14, 2009. SB 1072 authorizes “the State to acquire by purchase or condemnation the private property rights relating to the Pimlico Race Course, the track known as Laurel Park, the Bowie Race Course Training Center, the name, copyrights, service marks, trademarks, trade names, contract rights, business entities, stocks and horse racing events that are associated with the Preakness Stakes and its trophy, the Woodlawn Vase, and certain other private property.”

Posted on Mar 26, 2009 in News & Events

Mississippi Senators voted Thursday to uphold Gov. Barbour’s veto of HB 803. Although 28 Senators voted in favor of overriding the veto, 22 Senators voted to sustain the veto and the required two-thirds majority vote for an override was not met. This is a dramatically different result than the unanimous vote just a few weeks ago in favor of HB 803 .

Posted on Mar 25, 2009 in News & Events

Tuesday, the Mississippi House voted 101-19 to override Gov. Barbour’s veto of HB 803 that would limit the use of eminent domain to direct public purpose. A two-thirds majority of 80 votes was needed to override the veto in the House. The Senate will most likely vote Thursday on the measure. Again, a two-thirds majority would be needed to override the veto.

Posted on Mar 24, 2009 in News & Events

Jackson, Mississippi – Despite overwhelming bipartisan support in both the Mississippi House and Senate for statutory eminent domain reform in the state, Gov. Haley Barbour returned HB 803 to the House without his approval yesterday. For his full statement and reasons for the veto visit the Governor’s website here.

Posted on Mar 23, 2009 in News & Events

The Mississippi Business Journal Online published the following article on March 20th regarding eminent domain legislation recently passed by the Mississippi Legislature in favor of private property ownership.

Barbour promises veto of HB 803
by Clay Chandler

Posted on Mar 12, 2009 in News & Events

In a release dated yesterday, the Associated Press reported that the Mississippi Legislature has given its final approval on HB 803 which would restrict the government’s use of eminent domain in private to private transfers. HB 803 is now before Governor Haley Barbour who has not yet indicated whether he would sign it into law or veto it. Gov. Barbour has indicated that he does not want to limit Mississippi’s ability to pursue large economic-development projects, like Toyota.

Posted on Mar 3, 2009 in News & Events

Source: Alaska State Legislature’s House MajorityJuneau, Alaska – The Alaska State House today unanimously passed House Bill (HB) 49, legislation that strengthens Alaska property rights by adding permanent recreational structures to the inaccessible list for the exercise of eminent domain by local governments for the purpose of recreational development. Eminent domain could still be exercised for the purposes of economic development, like building schools, roads or utility infrastructure/upgrades.

Posted on Feb 12, 2009 in News & Events

Statutory protection for Mississippians’ private property rights appears to be on the agenda for the current legislative session. Both the Mississippi House and Senate have recently passed separate bills to restrict the use of eminent domain to direct public purpose.