Religion 1, Eminent Domain 0.

A Kentucky court held that 1st amendment freedom of religion trumps eminent domain authority preventing church lands from being condemned.  A similar fight is brewing in Orlando, FL. The City wants to build a MLS stadium, but it needs church lands. The church has refused offers for purchase from the City. Soon enough we’ll be in Court to find out if freedom of religion wins again.     How many acres of church owned property are there in Texas? Would religion trump eminent domain in Texas C…

Tuesday a TX Appeals Court Revived a City of Dallas Eminent Domain Case for Want of Jurisdiction

In 2011 Dallas began eminent domain proceedings. By 2013 a special commissioners hearing had not been scheduled & land owners grew weary. So, the landowners asked a court to dismiss. 18 months is a long time to wait. The trial court agreed. On Tuesday an appeals court reinstated the eminent domain case for jurisdictional reasons. Looks like fodder to forthcoming legislation.  adminPosted inprocess & procedure

Aljazeera: Texas Supreme Court Rolling Back Eminent Domain Authority

Naturally, everyone should look to Texas when trying to solve problems.  Aljazeera did while forecasting how Pennsylvania will handle pipeline common carrier use of eminent domain. In the last few years, the Texas Supreme Court has been rolling back the power of eminent domain in favor of stronger private property rights. The effects of the Tea Party are pervasive, and private property rights are de rigueur.   adminPosted ininfrastructure building, pipelines/common carriers, private property rights, railroad commission

Texas RRC Common Carrier Rule Making- Check Mate to the Legislature?

RRC staff recommendations approved this week clarify when a pipeline may call itself a common carrier. It’s a response to the 2013 Legislature’s failed fix, which was publicly killed on a point of order.
 
This chess game began when a court called into question whether a pipeline was a common carrier. The court thereby restrained the pipeline’s use of eminent domain.  It was a huge win for landowners. 
 
When you need land to build pipeline…