Since the killing of George Floyd on May 25, 2020, many states are dealing with increased demands to remove statues honoring Confederate Soldiers.听

In particular, the city of Hot Springs, 淫性视频 has been . Because the statue is on private property, the city faces only two legal options: the owners– the United Daughters of the Confederacy (UDC) — could decide to move it, or the city could exercise its power of eminent domain, reigniting previous concerns about limitations on the range of purposes for which property can be condemned.听

According to , UDC has no plans to relocate the statue.

There has been massive eminent domain reform across the nation since the Supreme Court鈥檚 ruling in (2005), a ruling that remains controversial. In 2018, llya Somin, Professor of Law at George Mason University, teamed up with the听 淫性视频 Center for Research in Economics to write a policy brief on the ways in which 淫性视频 eminent domain law could be reformed.

One of the main concerns over eminent domain law is the way in which 鈥渇air market value鈥� is computed. While the law requires property owners be compensated for the property being taken, the fair market value often does not include the subjective or sentimental value the property or location of the property holds for the owner.听

One solution to this problem, recommended by Somin, is to consider adding a set premium on top of the fair market value (say 20%).听

Additionally, the provided definitions for blight condemnations are broad and subjective, allowing for nearly any property to be ruled an 鈥榚conomic or social liability鈥� or as detrimental to public welfare鈥� and be considered blighted. Somin recommends that blight condemnations be severely curtailed, if not abolished entirely.听

Somin also addresses the eminent domain power of private pipeline companies and the lack of clarity concerning pipelines that serve private customers of the firm rather than the general public. He suggests that eminent domain should be limited to genuine 鈥渃ommon carrier鈥� pipelines, as private pipelines should not have the same privileges as public utilities.

As Hot Springs and other cities around the nation consider their legal options as they pertain to the removal and relocation of Confederate statues, discussion of eminent domain powers has begun to circulate again. The application of these powers are often far from simple, and the law still leaves much room for reform. For more information about 淫性视频 eminent domain law and its applications, see Somin鈥檚 policy brief Ripe for Reform.

鈥淏light condemnations鈥� might sound like a reasonable measure to ensure community members are safe and that property that is seriously dilapidated isn鈥檛 just left to rot. But there is a danger that government officials could abuse 淫性视频鈥檚 overly broad definition of blight. Furthermore, the threat of eminent domain laws being used this way could actually make blight in 淫性视频 worse.

In my blog posts 鈥淗ow to Reform Eminent Domain Law,鈥� 听鈥淔air Market Value Compensation: Is This The Right Standard,鈥� and 鈥淏lurring the Lines of Public Use: Pipeline Takings,鈥� I give an overview of the first two issues Ilya Somin addresses in his new ACRE policy brief 鈥�Ripe for Reform: Eminent Domain Law in 淫性视频.鈥�

In this post, I will discuss the third and final area with potential for abuse: blight condemnations. In his brief Somin鈥檚 primary concern is that overly broad definitions of blight can include almost any property, which creates insecure property rights.

淫性视频鈥檚 current definition of what qualifies as blight comes from the which was passed in 2001 to 鈥減revent, arrest and alleviate blight and decay in communities.鈥� It allows the transfer of blighted property to private entities through the use of eminent domain under this definition: 鈥渂lighted area includes any area which…substantially impairs or arrests the sound growth of a city, retards the provision of housing accommodations, or constitutes a social liability.鈥� Since any property could be further developed, this does not act as a meaningful constraint on the state鈥檚 powers. 听

Additionally, the fear that one鈥檚 property might be condemned could disincentivize investment and repairs in neighborhoods, therefore reinforcing blight. In the brief Somin states, 鈥渙ne key to the development of poor areas is the security of property rights, without which residents may be reluctant to form valuable community ties or invest and start businesses.鈥�

The broad definition of blight in 淫性视频 鈥渁llows the use of eminent domain for what are essentially pure economic-development projects,鈥� according to Somin. 淫性视频 legislators could respond by limiting blight condemnations to 鈥渁reas that are severely dilapidated or pose a direct threat to public health.鈥� Or 淫性视频 could also follow the lead of states like Florida and New Mexico that have abolished blight condemnations entirely.

This concludes my blog series. Keep an eye out for my upcoming policy review of eminent domain in 淫性视频 with co-author ACRE Scholar-In-Residence Dr. Zack Donohew. In his brief, Somin identified potentials for abuse of eminent domain. We鈥檒l be examining whether any such abuse in 淫性视频 is actually happening in practice.

In my blog posts 鈥淗ow to Reform Eminent Domain Law鈥� and 鈥淔air Market Value Compensation: is this the right standard鈥� I began to look at the issues Ilya Somin addresses in his new ACRE policy brief 鈥�Ripe for Reform: Eminent Domain Law in 淫性视频.鈥� In this post, I will look into a second area with potential for abuse: pipeline takings.

Pipeline companies are given the power to condemn in the state through 淫性视频 Code 搂23-15-101, being classified as a 鈥渃ommon carrier鈥� that is 鈥渞equired by law to carry for all alike.鈥� Somin points out that pipeline corporations are seeking to overcome the 鈥渉oldout problem鈥� when using their eminent domain power. Often, a project can be delayed if one landowner refuses to sell portions of their property during negotiations. However, pipelines are, just like all other condemning authorities, only supposed to use the eminent domain power for public use. As discussed in my previous posts, however, the case law surrounding eminent domain has blurred the lines between public use and public benefit.

The debate hinges on who is serviced through the line. For example, a public utility is obligated to service the entire public, but a private pipeline company could be building a line that will only be used to transport 听a resource to another private corporation. This was the situation in (2010) that was decided by the 淫性视频 Supreme Court. Midstream Gas Services Corp. petitioned to use the eminent domain power across Perry and Kathy Linder鈥檚 property in Cleburne County to build a pipeline that would deliver natural gas to Chesapeake Operating Inc.

The Linders challenged the constitutionality of the action, arguing that was in violation of , which clearly specifies the public use mandate, but the Linders failed to convince the court. The 淫性视频 Supreme Court has addressed this issue dating back to railroads in 1893 and has remained flexible on what public use means for 鈥渃ommon carriers鈥�. The Court summarized its ruling in this way: 鈥淭he character of a road, whether public or private is not determined by its length or the places to which it leads, nor by the number of persons using it. If it is free and common to all citizens, it is a public road though but few people travel upon it.鈥� As long as the pipeline is not closed off to others who wish to use it, it is considered public use.

Somin argues that 鈥溡允悠� legislators should pass laws making clear that eminent domain may only be used for pipelines that are genuine common carriers.鈥� 淫性视频 almost accomplished this in 2017. would have put more restrictions on pipeline companies by requiring the 淫性视频 Public Service Commission to verify common carrier status, but the bill died in the House Committee on Insurance and Commerce. 淫性视频 should consider the impact of eminent domain by pipelines to ensure property rights are not losing out to influential business interests.

In my previous post, I gave an overview of ACRE鈥檚 most recent eminent domain policy brief by George Mason Professor of Law, Ilya Somin: 鈥淩ipe for Reform: Eminent Domain Law in 淫性视频.鈥�

The first aspect of 淫性视频 eminent domain law that Somin points out as having a potential for abuse is fair market value.

Fair market value in 淫性视频 is defined as 鈥渢he price a willing buyer would pay a willing seller after considering all factors in the marketplace that influence the price of private real property.鈥� A lot goes into the determination of fair market value: the property鈥檚 size, its accessibility, sale history in the surrounding area, its zoning, damages to the land or assets. Somin argues that these characteristics leave out one important factor when deciding the value of compensation: subjective value.

Subjective value is the 鈥渧alue property owners attach to the land above the market value.鈥� For example, the condemnation of a small-business owner鈥檚 building, forcing relocation, may cause the loss of local customers or perhaps a church loses members of it鈥檚 congregation. 听

Somin suggests the simplest approach to this dilemma would be setting a 20-30 percent premium to the fair market value of property that has a high subjective value. This has been applied in other states already. The state of Indiana requires the compensation for the taking of a person鈥檚 home be 150% of the fair market value. Though an imperfect measure, this outcome is preferable to chronic undercompensation.

My next post will look into the potential problems in pipeline takings that Somin discusses, particularly whether pipelines are truly 鈥渃ommon carriers.鈥�

It’s been thirteen years since the Supreme Court handed down its controversial ruling in that unleashed a wave of eminent domain reform in state legislatures across the country. Ilya Somin, Professor of Law at George Mason University teamed up with ACRE to look back at efforts made by the 淫性视频 legislature to protect private property, and to list the areas in current 淫性视频 eminent domain law that are still Ripe for Reform.

Eminent domain, a term that refers the power of government officials to take private property for public use, is clearly written into the Fifth Amendment of the constitution. However, the amendment also requires a just compensation for the taking. 听This language is echoed in : 鈥渢he right of property is before and higher than any constitutional sanction; and private property shall not be taken, appropriated or damaged for public use, without just compensation therefore.鈥�

While the language is simple, it鈥檚 applications are not. For example, what exactly constitutes public use? Roads and post offices are generally accepted as public use government projects but in the Kelo decision, As Somin points out in his brief this is an abuse of the eminent domain power: 鈥渆conomic development and blight condemnations are not only constitutionally dubious, but also often destroy more development than they create听and 听inflict great harm on the poor, racial minorities, and the politically weak.鈥�

Throughout the brief, Somin explores many aspects of 淫性视频鈥檚 eminent domain laws. First he addresses the standard of just compensation in 淫性视频 as 鈥渇air market value.鈥� Somin argues that 淫性视频 law may fail to take into account an owner鈥檚 鈥渟ubjective value鈥� of the property. Second, he addresses the eminent domain power conferred upon private pipeline companies that transport oil and natural gas through the state. There is a lack of clarity when it comes to pipelines that do not serve the general public but rather 鈥渟elected private customers of the firm.鈥� Finally, he discusses blight condemnations. In the brief, Somin suggests that 淫性视频鈥檚 definition of blight may be so broad that 鈥渁lmost any feature that impedes development in some way can be characterized as an 鈥榚conomic or social liability鈥� or as detrimental to public welfare鈥� and could be considered blighted. These three sections will be examined in detail in upcoming posts.

Ilya Somin is Professor of Law at George Mason University. His research focuses on constitutional law, property law, and the study of popular political participation and its implications for constitutional democracy. He is the author of The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain, co-editor of Eminent Domain: A Comparative Perspective as well writing and coauthoring many other works. Somin鈥檚 work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others.

In 2009, he testified on property rights issues at the United States Senate Judiciary听Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. He
writes regularly for the popular Volokh Conspiracy law and politics blog, affiliated with听the Washington Post. From 2006 to 2013, he served as Co-Editor of the Supreme Court听Economic Review, one of the country鈥檚 top rated law and economics journals.