Eminent Domain Case

[Mark K]

No Property Is Safe.

After Kelo, a lot of states passed laws to prevent this type of confiscation.

 

[Terrel L. Shields]

surplus of electrical generation in Nebraska. They are not built because we need the electricity. They are built for a handful of investors and landowners to make money. Period.

Wind is highly variable and least predictable renewable source, thus is the most difficult to manage for a grid designed to be fed by predictable sources.

I would agree that wind farm tax incentives are being abused, and a recent project in the panhandle of Oklahoma was to take electricity to points 600 miles further east. They met a lot of resistance from states asking if a real need exists and Oklahoma is winding down their too-generous incentives and property tax exemptions.

Oklahoma is the nation’s second largest wind generator, behind Texas. Last year, Oklahoma generated 31.3 percent of its electricity from wind, nearly double the share of Texas’s wind production and three times wind’s national share. It got there by giving the wind industry lucrative incentives—a 5-year exemption from local property taxes and a tax credit for zero emissions electricity generation. Fifteen years after these incentives were created, Oklahoma is faced with a massive state budget crisis that has led the state to phase out key tax incentives for wind. Oklahoma’s zero emission tax credit for wind expired in July 2017, which means that the state incentive is no longer available for new wind facilities. The five-year property tax exemption for wind was also ended.​

Current wind incentives are subsidizing wind, and utilities are oft required to pay for it even if they don't need it. Tax credit from energy.gov

Rebate Amount:
Systems Commencing construction after December 31, 2016:
Wind: $0.019/kWh for first 10 years of operation
All other technologies: Not eligible

Systems Commencing construction prior to January 1, 2018:
Wind, Geothermal, Closed-loop Biomass, and Solar Systems not claiming the ITC: $0.023/kWh
Other eligible technologies: $0.012/kWh
Applies to first 10 years of operation
​

ITC-Investment tax credit

 

[Meandering]

All land is theirs for the purpose of increase tax revenue.

Nope.
They take land for schools and roadways.
These do not increase tax revenues to the governments.
Therefore the "All" in your statement is incorrect.

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[djd09]

 

[Meandering]

Governments are purposely set up as monopolies.

It should not come as any surprise.

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[djd09]

Therefore the "All" in your statement is incorrect.

Actually i said "All Land" which means everyone's land can be taken for the reason for increased tax revenue. I did not say 'only' for increased tax revenue. Neither here nor there.

 

[djd09]

Lakewood, Ohio’s official motto is “The City of Homes.” Yet the City sought to take away through its power of eminent domain the homes of many residents not for a public use, but for private development—specifically, for high-end shopping and upscale condos. Among those who would have been kicked out were Jim and JoAnn Saleet, residents of Lakewood since 1965. The Saleets’ dream home on Gridley Street is located in a cozy neighborhood with a backyard that has a breathtaking view of the valley.

Despite the beauty of the Saleets’ home and neighborhood, Mayor Madeline Cain and the City of Lakewood declared the area “blighted” as a pretext for eminent domain—where the government takes private property for public use with just compensation. Many of the homes were declared blighted for such petty reasons as they don’t have an attached two-car garage or they have less than two full bathrooms. (If these standards were applied to the homes of Mayor Cain and the City Council members, they, too, would have to be declared blighted, but no such threat loomed over their homes.)

http://ij.org/case/saleet-v-city-of-lakewood/

I love when homeowners fight back.

 

[Mark K]

I love when homeowners fight back.

That's a 14 year old case.

Since that time, Kelo happened and many states passed laws preventing this type of abuse of power and now its much more difficult, in some states, impossible, to use eminent domain for the benefit of private companies.

 

[djd09]

As a result, Brainard said the City of Carmel is considering eminent domain to seize the land.

“We’re beginning the taking process,” he said.

Brainard said negotiations are ongoing and he wants to reach a better price. He said eminent domain would be appropriate for a redevelopment site. He cited Indiana Code 36-7-14-20, which states, “if the legislative body of the unit that established the department of redevelopment considers it necessary to acquire real property in a redevelopment project area by the exercise of the power of eminent domain,” that the legislative body can instruct an attorney to file a petition for eminent domain.

http://youarecurrent.com/2018/02/27/city-of-carmel-may-pursue-eminent-domain-for-pnc-lot/

Current case. Cited code with the blessing of the "Supreme" court. Property owner loses.

Yep the Saleet case was before Kelo, that is why they won.

 

[Mark K]

We're talking a bit of apples/oranges.

A municipality can still condemn for roads, parks, municipal development projects (like the above cited Carmel case), trails, water/sewer lines, etc. Also, In this state a school can acquire land by eminent domain.

BUT, unlike before Kelo, today they can't condemn just to assist a private entity. They can't condemn so a CVS or Home Depot can have your house on the busy corner. They could before.

BTW the above property owner hasn't lost yet; they're still in negotiations. My bet is that it won't go to condemnation. The city and owner will settle with the owner getting a lot more than the original offer.

Also BTW, if any city in this state will push the law, Dictator Brainerd with his rubber-stamping city council will try. He has dreams of grandeur and a large tax base. I hope it goes to court to see what happens.