Monthly Archives: February 2017

Just the Facts. SB 628. The Eminent Domain Package via Senator Schwertner.

  • The author list: Schwertner | Birdwell | Burton | Campbell | Creighton | Hall | Huffines | Kolkhorst | Nichols | Zaffirini
  • What it does: 
    • ​eliminates acquiring property as progress for a project that qualifies for eminent domain and thus repurchase of the property if the project isn’t moving
    • requires a condeming entity to meet 3 of 5 , instead of 2 of 7, elements that define project progress
  • What’s the hook? The talk of eminent domain being used for projects but then never…

Just the Facts. SB 627. The Eminent Domain Package via Senator Schwertner.

SB 627

  • The author list: Schwertner | Birdwell | Burton | Creighton | Hall | Huffines | Kolkhorst | Nichols | Seliger | Zaffirini
  • What it does: Sets up rules for precondemnation access such as:
    • An owner can refuse entry
    • A condeming entity has to pay for damanges done during precondemnation access and inspection
    • If a condemning entity uses a permission form, the form has to meet 4 standards
  • What’s the hook?  Currently pre-condemantion access has very few rules

 

Land Use. TREND. Easements to preempt government action.

Legal experts at Stanford say which easement would offer property owners protections from fracking:a conservation easement which they’ve named a mineral estate conservation easement (MECE) 

What’s not needed for a conservation easement: government regulation

The property value impact of a MECE: the property value is diminished but offset by a tax write-off

Are MECEs permitted in Texas? Yes

Standford News | New analysis suggests ways for landowners to limit fracking and mineral extraction…