Posts Tagged ‘eminent domain’

Environment roundup

  • EPA confirms the view of its peer agencies around the world: glyphosate weed killer, found in Roundup, is not a carcinogen [Tom Polansek, Reuters, earlier, more]
  • Mayor Bulldozer? Critical look at Pete Buttigieg’s push to tear down hundreds of vacant dilapidated South Bend homes and fine the owners [Henry Gomez, BuzzFeed; see also Chris Sikich, Indianapolis Star]
  • “Why Trump should call off the EPA’s latest assault on NYC” [Nicole Gelinas, New York Post; $3 billion to revamp and cover over a Yonkers reservoir]
  • “‘High-yield’ farming costs the environment less than previously thought – and could help spare habitats” [Cambridge University]
  • Is clarity finally coming on the scope of federal control of local surface waters? [Jonathan Adler on Trump administration “Waters of the United States” regulation; Tony Francois, Federalist Society on prospects for “navigable waters” at the Supreme Court]
  • “New Jersey Court Strikes Down Use of Eminent Domain to Take Property to “Bank” it for Possible Future Use” [Ilya Somin] Pennsylvania law promoted as fixing blighted neighborhoods used to steal people’s homes [Eric Boehm]

Environment roundup

  • The high cost of feel-good laws: why bans on disposable plastic grocery bags are bad for the environment [Greg Rosalsky, NPR “Planet Money”] Not a good move for public health either [Hans Bader on New York’s second-in-the-nation statewide ban, following California] Enjoy your tepid pad thai: Maryland lawmakers move to ban polystyrene (Styrofoam) cups and containers for ready-to-go food [Michelle Santiago Cortés, Refinery 21]
  • A future President who declared a national emergency over climate change might unlock some far-reaching powers [Jackie Flynn Mogenson, Mother Jones]
  • “Waking the Litigation Monster: The Misuse of Public Nuisance,” 48-page report on attempts to legislate by means of novel public nuisance suits [Joshua Payne and Jess Nix, U.S. Chamber Institute for Legal Reform]
  • Dim and dimmer: the Washington Post “argues that the policy of imposing energy efficiency standards on lightbulbs ‘has no downside.'” [Peter Van Doren, Cato; earlier] “Appliance Standards Are Expensive, And Regressive Too” [Susan Dudley, Forbes, earlier here, here, etc.]
  • Supreme Court “should clarify that courts should consider a property’s prospective economic value when evaluating the just compensation due from regulatory takings” [Ilya Shapiro and Nathan Harvey on Cato amicus in Love Field terminal gate case]
  • The “most expensive and least effective environmental law” of all: ideas for fixing NEPA, the National Environmental Policy Act of 1970, which mandates environmental impact statements [Mark Rutzick, Federalist Society]

Brooklyn: “Court Rules Against City, Millions of Dollars Of Wealth Restored”

A noteworthy victory for property owners in Brooklyn, following investigative journalism that had exposed a pattern of a seizures by New York City of homes and other properties after procedurally or substantively dubious findings of distressed condition or tax/water arrears. The city then sometimes handed the property over to politically connected developers. In the new decision, Kings County Supreme Court Judge Mark Partnow “ruled that the City of New York violated the U. S. Constitution in the seizure of six central Brooklyn properties, and ordered the city to give them back to their owners.” [Stephen Witt and Kelly J. Mena, Kings County Politics, earlier on the journalism]

Baltimore moves to seize Preakness Stakes race

Baltimore mayor Catherine Pugh has filed suit seeking to seize the famed Preakness Stakes race — trademarks, business deals, and all — through eminent domain. I’ve got a few things to say about that in Monday’s Wall Street Journal. Ilya Somin at Volokh Conspiracy has an analysis that quotes my piece.

For those just catching up with the underlying story, Pamela Wood covers it at the Baltimore Sun/Capital Gazette as does Robert H. Thomas at Inverse Condemnation. See also my 2014 Cato take on an earlier episode in Maryland’s history of “smash and grab” eminent domain methods.

Environment roundup

  • “Everything would be all renewable all the time if we could just pass the right laws.” The wishful underpinnings of the Green New Deal [Cato Daily Podcast with Caleb Brown and Regulation Magazine editor Peter Van Doren]
  • “The U.S. rail system is optimized for freight, vs. European and Japanese systems that are optimized for passengers (it is hard to do both well with the same network). The U.S. situation is actually better, much better, for energy conservation.” [Coyote]
  • Federalist Society discussions of climate litigation based on public nuisance theories: National Lawyers Convention panel with David Bookbinder, Eric Grant, James Huffman, Mark W. Smith, moderated by Hon. John K. Bush; “Originally Speaking” written debate with John Baker, Richard Faulk, Dan Lungren, Donald Kochan, Pat Parenteau, David Bookbinder; Boston Lawyers Chapter panel on municipal litigation with Steven Ferrey, Phil Goldberg, Donald Kochan, James R. May, Kenneth Reich] Climate nuisance suits have met with an unfriendly reception in American courts and there is no good rationale for filing copycat claims in Canada [Stewart Muir, Resource Works]
  • “Public Universities Exploit Eminent Domain Powers with Little Oversight” [Chris West, Martin Center]
  • Many pro-market reforms would reduce the risks to life and property from natural disasters, climate-related and otherwise [Chris Edwards, Cato]
  • “On patrol with the enforcer of DC’s plastic-straw ban” [Fenit Nirappil/AP via Peter Bonilla (“Welcome to the worst ride along ever”)]

Amash bill: make feds pay when they take border land

The Eminent Domain Just Compensation Act, introduced by Rep. Justin Amash (R-Mich.), would require the feds to pay at the time of taking, rather than long afterward, when taking land by eminent domain for the proposed border wall. “It is unjust for the government to seize someone’s property with a lowball offer and then put the burden on them to fight for what they’re still owed,” Rep. Amash said in a statement. “My bill will stop this practice by requiring that a property’s fair value be finalized before DHS takes ownership.” While the bill applies only to the Homeland Security Department, its principles could presumably be generalized through further legislation. [David Bier, Cato] Related: Ilya Somin, and earlier here and here.

Property law roundup

  • Playlist: songs about eminent domain and takings, property law and the road [Robert H. Thomas, Inverse Condemnation]
  • In-depth look into problems that develop when title to land is held as “heirs’ property,” leaving a dangerous collective tangle in place of individual right and duty [David Slade and Angie Jackson, Post and Courier (Charleston, S.C.)]
  • Dispute over remains of two dinosaurs locked in combat 66 million years ago, lately unearthed in Garfield County, Mont. and extremely valuable, hinges on whether their fossils are “minerals”; Ninth Circuit says they are under Montana law [AP via Molly Brady (“property professor dream hypo”), Murray v. BEJ Minerals]
  • “Government Should Compensate Property Owners for Flood Damage It Facilitated” [Ilya Shapiro and Patrick Moran on Cato amicus petition for certiorari in St. Bernard Parish v. United States] “Texas Court Rules Deliberate Flooding of Private Property by State Government in Wake of Hurricane Harvey can be a Taking” [Ilya Somin]
  • Constituent-group politics continues to shape use of federal lands, to the detriment of its economic value [Gary Libecap, Regulation and related working paper]
  • Caution, satire: Facebook parody of super-intrusive, restrictive, and meddlesome HOA [East Mountain West View Home Owners Association]

Environment roundup