OCA Blog

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.)

Sharing is caring!

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,...

Sharing is caring!

Apparently, reason magazine was interested in running an article about developers attempts to curb free speech with respect to criticisms about eminent domain abuse. reason was considering discussing the recent defamation suits filed by a Dallas-based developer against a property owner, an author, a law professor, a publishing company and two newspapers for their comments and/or writings about an attempted taking by eminent domain of the property owner's land...

Sharing is caring!

In an emergency session Saturday, Maryland Senators passed a bill (SB 1072) from Governor Martin O’Malley with a vote of 32-14 authorizing the purchase or use of eminent domain to acquire the Maryland-based assets of Magna Entertainment, which declared bankruptcy in March. Magna owns Laurel Park, Bowie Race Course Training Center, Pimlico Race Course and all rights and events associated with the Preakness Stakes. The Preakness is considered the...

Sharing is caring!

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 .

Sharing is caring!

Next Tuesday, IJ will hold a press conference on the south steps of the Texas State Capitol at which time IJ will release its mid-term report card on the state's legislative proposals to reform eminent domain laws. Texas property owners from Freeport, El Paso, San Antonio and Houston who have been affected by eminent domain are expected to join the conference.

Sharing is caring!

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.

Sharing is caring!

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.

Sharing is caring!

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

Sharing is caring!

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...

Sharing is caring!