Pipelines age. Botox for pipelines is called replacement. When replacement means re-routing the pipeline, land owners sue. A federal district court in Pennsylvania granted summary judgment for the land owners finding that replacement requires that the pipeline use the same footprint. The Third Circuit issued a deeply split opinion that will forecast many future suits throughout the country as pipelines are replaced. The split opinion generously defines replacement. The pipeline isn’t re…
Monthly Archives: September 2014
Billionaire Blocks Surfers from Beach
Surfers are the nemesis of one California Billionaire, who watched Point Break too many times. In an effort to protect his beach from Presidential-mask wearing, bank robbing surfers, our billionaire blocked access to his beach. California Courts said no way, no how, dude. Surfers must have access to the surf, dude.
Posted inbeaches, legislation trend, private property rights
Hundreds of comments have been received from individuals and entities. Most interestingly, John Adams has shared his two cents on the proposed RRC rule. Who better than a Founding Father and an advisor to the US Constitutional Convention to weigh in on the issue of property rights. [RRC Public Comments] A few weeks ago a fire marshall shut down this crowd because the crowd was too big. Time passed. A new venue was located. Time does not heal all wounds. For this crowd, time stoked the flames of anger. The crowd yelled names at officials & offered near unanimous opposition to eminent domain and toll roads.
Posted inactivism, infrastructure building, private property rights, roads
Preserving farmland is high on the minds of West Texans. The Brazos River Bottom Alliance says Texas leads the nation in disappearing farm land. Texas without farm land is like Texas without cowboys, a seeming impossibility. [Odessa American] On Thursday the Texas Supreme Court heard oral arguments on an inverse condemnation case. A condo complex was deemed inhabitable by the City. The residents moved out of the complex. An appellate court said the residents didn’t get their constitutional due process rights. The Texas Supreme Court’s opinion will be a smorgasbord of constitutional rights- private property rights, takings, due process, and let’s throw in equal protection just for giggles.
Posted inblight, inverse condemnation, legislation trend
Want to build something for the public good? The odds are higher that Scotland will leave the UK than you building your public project without using privately owned land. 84% of Texas land is privately owned. Texans love their property rights & love to defend their property with their guns. [Texas Land Trends] Imagine if Texas Legislators had to authorize eminent domain for a project to move forward? California hasn’t gone that far to make the Legislature approve eminent domain, but the California Public Works Board is voting to condemn a feed store, a vacant lot, and other Fresno properties to build the San Francisco-Los Angeles high speed rail line.
Posted ininfrastructure building, legislation trend, railways
An end run around the Legislature to give the Nebraska Governor sole eminent domain authority for TransCanada Keystone XL pipeline has raised eye brows. It’s currently the subject of contentious litigation before the Nebraska Supreme Court. Legislators don’t like their powers taken away. Toddlers don’t like their toys taken away. The bill had a bumpy committee hearing and the press seized it. The press likes discovering that a legislator can’t answer questions about his bill in a committee…RRC Rule Making: The Public Speaks
Eminent Domain + Tollroad =Angry Dallas Crowd
A View from West Texas
Private Companies Exercising Eminent Domain as Popular as Richard Simmons' Jazzercise in Collin County
Private companies exercising eminent domain is eerily familiar to the TransTexas Corridor. TransTexas Corridor brought an emergence of grassroots groups opposed to a private, foreign company being granted the power of eminent domain. The Legislature ended the TransTexas Corridor years ago. But, private tollroad companies still exist, including The Texas Turnpike Corporation. It has proposed a new Northeast Gateway Toll Project. Vocal opposition to this project caused the first public mee…
Inverse Condemnations: Is covert eminent domain ready for primetime?
Texas is #1 in everything, including the amount of privately owned land
California High Speed Rail requires Approval of Eminent Domain from Sacramento
How do you avoid the Legislature? Give the Governor sole eminent domain authority.