The Chair of the American Bar Association Section on Eminent Domain says, “Yes.” State courts have been wrangling with just compensation for years. In Texas, court decisions have increased compensation to land owners by millions. But, the US Supreme Court has been silent on just compensation. In 2005, the US Supreme Court’s Kelo provided guidance on why land could be taken, but didn’t touch on how much land owners should be compensated. It’s the next big issue. Look for vocal land owners …
Monthly Archives: August 2014
High Speed Rail in California, What does it mean for Texas?
High Speed Rail is progressing in California. Billion Dollar construction contracts have been awarded. But, there’s a hitch. Eminent Domain and right of way negotiations aren’t moving. Hard to build when land disputes exist. [Fresno Bee]
Texas Libertarian Issue Du Jour: Eminent Domain
Kathie Glass talks about eminent domain and theft of water as she kicks off her tour of Texas’ 254 counties. [KLTV]
New Republic Links Indictment to Eminent Domain
A story about this week’s indictment includes details of eminent domain. Visions of eminent domain dance in our heads, riling conservatives full of dread. [New Republic]
Willie Nelson To Play Anti-Eminent Domain Concert
First, protests in the plains states with a Texas property owner heralded as a property rights hero. Now, Texas’ own Willie Nelson playing to support private property rights. [Schuyler Sun]
Border Security Meets Eminent Domain
Property owners on the border face eminent domain to build the border wall. It’s a tale of cattle being separated from their water source & landowners separated from their land. Lawsuits ongoing.[NPR]
The Billboard v. the Land Owner
Outdoor advertising is at the heart of an eminent domain case now before the TX Supreme Court. Land with a billboard was condemned by the State. The billboard owner sought just compensation for the condemnation & won- twice. The billboard owner won at district court, won at appeal, and now we’re awaiting arguments before the Texas Supremes. Owners Counsel of America, a group of attorneys supporting private property rights, joined with NFIB to file an amicus brief supporting the billbo…
RRC Rule Controversy Percolates
A Pipeline “ticked off” a cattleman. Said cattleman is President of the Texas & Southwestern Cattle Raisers Association. Messing with Texans isn’t wise, messing with Texas cattlemen far less than wise. [TSCRA]
Top Headline: Texas Messes with Texas (on Eminent Domain)
95% of Texas is privately owned. To build roads or move oil, water, electricity or natural gas, you have to negotiate with land owners. Negotiating fairly and respectfully is key. It can be done, with a cool head and an even cooler temperament. When fairness and respect fail, enter eminent domain. Is the RRC messing with Texas private property rights with their new rules? Grist says yes. You decide.
Posted ininfrastructure building, private property rights
The City of Orlando, in lieu of proceeding with eminent domain against a church, opted to redesign their MLS stadium plan to avoid church owned land. First amendment freedom of religion wins by default. For those keeping score, it is religion 2, eminent domain 0. [Law 360]
Posted infreedom of religion, private property rights
Update: Private Property Rights of Churches Trump All