Eminent Domain Reform Has Arrived in Austin. 7 days. 12 news clips. 7 bills to curb eminent domain.

7 eminent domain bills have been filed to curb the powers of condemning entities. Activists are  organized. The games are set to begin.

The playing field favors their success. Property Rights is a tenant of Republicans and all Texans. Republicans control every facet of Texas government.  

In the last 7 days, these media outlets have focused on Texas eminent domain reform:

  • Harvey Kronberg’s Quorum Report 
  • Proposed bill adds some teeth to Texas’ eminent…

Lege Trend: Higher Constitutional Standards for Condemning Entities

A quickly moving constitutional amendment in North Carolina makes it harder for condemning entities to take private property using eminent domain.

How does it increase the burden on condemning entities? By limiting eminent domain to public uses- roads, court houses, schools, and prohibiting eminent domain for projects that do not have a clear public use.

Its a proposal also beloved by private property rights proponents in Texas.   adminPosted inlegislation trend, private property rights

Activist Alert: Death of Democracy. March Protesting Pipeline Eminent Domain

In the last year, opposition to eminent domain has turned more vocal and more public. Opponents have:

  • Hosted concerts & parades with world renowned musicians (featured Texans)
  • Shut down public meetings with overflowing crowds (occurred in Texas)
  • Consistently encourages city councils and county commissioners to vote in favor of land owners and against private entities using eminent domain (occurred in Texas)

This week we have “”Death of Demo…

Bill Filing: DNA Gets Private Property Rights & Civil Penalties.

HB 1220 by Laubenberg establishes private property rights for a person’s DNA and RNA.

Without informed consent, DNA and RNA cannot be:

  • collected
  • tested
  • retained

If DNA and RNA is collected, tested, or retained without informed consent, the Attorney General may seek injunctive relief and a civil penalty that is tied to profits.   HB 1220

New Bill Filing: Attorney Fees Imposed Against Losing Condeming Entities

When eminent domain negotiations fail, the parties move to court. But, what happens when a court sides with a landowner and awards substantially more for their property? 

If SB 474 passes, a land owner that prevails with an award that is 10% higher than the last negotiated offer can have their attorney fees paid by the condeming entity.

It’s loser pay for eminent domain and applies to…

Eminent Domain & Stadiums Like Oil & Vinegar.

Eminent Domain and stadiums is a controversial. Eminent domain by its self it controversial. Add in publicly funded stadiums and the controversy goes from jalapeño hot to ghost pepper hot.
 
Boston has decided to not use eminent domain to build the 2024 Olympic Stadium using eminent domain.  
 
Local governments declaring no eminent domain is very trendy.  Boston did it. North Texas cities did it this fall in protest to the Texas Toll Autho…

Lege Trend: Eminent Domain for Intangible Property?

Seizing business permits by eminent domain is new. Connecticut is doing it to solve a state transportation issue. The CT Department of Transportation seized permits from a private bus company to make way for a new public transportation project.

The private companies sued. The Court allowed eminent domain to be used for the permits relying on the the use of eminent domain in CT for facilities, and lumping the bus permits in with facilities. 

A Republican Senator in CT is not…

Private Texas Company Using Eminent Domain Called A Threat. Government Overreach.

Put 800 people together, many of whom are conservative, and momentum builds to oppose a  private entity from using eminent domain to build a new transportation network.

What don’t people like about private companies using eminent domain?

  • Rep. Will Metcalf: 

    “I am not a happy camper,” said state Rep. Will Metcalf, R-Conroe, adding he is frustrated by the lack of transparency on the project. “They are moving forward and we need your help.

    “I don’t believe pr…

Social Media Brings Down Eminent Domain in TX Town.

Flower Mound would like to acquire land to join two “business” thoroughfares. The land owner objected to eminent domain to join businesses & wants to negotiate an easement.

Controversy stirred and generated 400 Facebook & public comments over a weekend, such as:  “This is a battle about the heart of Flower Mound.”

City Council pulled the agenda item. The City says it followed the letter of the law and has been negotiating with the land owner.

adminPosted ineasement, private property rights, roads