Eminent Domain

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benjamen

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He should get around the sign issue by painting it on his building. Game over. I don't know why they would want to impose ED if they have no use for the land. Sounds like a joke.
 
He should get around the sign issue by painting it on his building. Game over. I don't know why they would want to impose ED if they have no use for the land. Sounds like a joke.

My thought was to to have a bunch of signs close together (but not touching) that as a collection make one big sign.

 
* bump *


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Institute for Justice Applauds Tennessee General Assembly For Passing Bill Codifying Right To Have Court Determine If Eminent Domain Is Necessary; Urges Governor To Sign Into Law​

ARLINGTON, Va.—The Institute for Justice applauds the Tennessee General Assembly for passing HB 2119, a bill that would codify the right for a property owner to ask a court if the use of eminent domain is truly necessary to accomplish a public use. The bill now waits to be sent to the Governor to either approve or veto.

Eminent domain is the process of the government taking private property and converting it to public use. However, that power has been used at times for politically connected individuals and businesses to petition the government to take private property under the guise of economic development in ways that do not benefit the public at large.

If HB 2119 were signed into law, the government would bear the burden of proving by a preponderance of evidence:

  • The land, real estate, premises, or other property the condemner seeks to acquire is required for a public use;
  • The condemner has a plan that reflects a reasonable schedule to complete the public use after the condemner takes ownership of the property;
  • The condemner has access to funding to complete the public use; and
  • The public use cannot be accomplished by using or acquiring other property with the consent of the owner of the other property without an unreasonable increase in cost or delay.
“This is an important step forward in protecting the property rights of the people of Tennessee,” said Lee McGrath, senior legislative counsel for the Institute for Justice. “We now urge Governor Lee to sign this good bill and continue to make Tennessee a leader in promoting individual rights.”

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Rural Georgia Community Keeps Fighting Despite Railroad’s Win to Take Their Land​

A hearing officer with the Georgia Public Service Commission says a private company can take land from 18 property owners in Sparta for a new spur.

After a year-long legal battle with a railroad company over their land, landowners in a rural, majority-Black town in Georgia may be forced to sell their homes.

In an initial decision on Monday, a Georgia Public Service Commission officer approved a proposed rail spur in Sparta. Several property owners had refused to sell the land to Sandersville Railroad Co. In March, the centuries-old, white-owned private railroad company sought to acquire the property through eminent domain — a process that allows the government to take private land for public use. However, property owners must receive fair compensation.

The company petitioned the state’s public service commission to condemn the land parcels from 18 property owners along Shoals Road. The railroad company planned to construct a 4.5-mile rail spur that would connect the Hanson Quarry, a rock mine owned by Heidelberg Materials, to a main train line along a nearby highway. The proposed project would create 20 temporary construction jobs, a dozen permanent jobs averaging $90,000 a year in salary and benefits, and bring in over $1.5 million annually to Hancock County.

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ARLINGTON, Va.—The Institute for Justice applauds Tennessee Gov. Bill Lee for signing HB 2119, a bill that will codify the right for a property owner to ask a court if the use of eminent domain is truly necessary to accomplish a public use.

 
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