April 2017 – Page 2 – InfoHive

Eminent Domain. TXDOT. Right of way. Fraud. Forget flipping houses, flip right of way land. 3 pieces informed intel:

What is flipping right of way? 2 investors have been investigated by the FBI for buying right of way near I-35East, and arguing that land delveopment deals increased the land’s value when the land was sold to TXDOT.

What happened to the 2 investors?

1 entered a guilty plea to one count of conspiracy to commit mail fraud
1 is awaiting trial

The amount garnered from the land transactions? 2 investors received $12.9 million above their purchase price

Dallas Morning News | Dallas man admits…

Eminent Domain Laws Across the US. Attorney Fees. Quick Info. How does Texas measure up?

Attorney Fees:

TX awards attorney fees if the condemnor doesn’t make a bonafide offer
40 other states award on a broader basis
- 4 states use as standard of 110% of condemnor’s offer
- Colorado uses a standard of 130% of condemnor’s offer
- 2 states use a standard of 120% of condemnor’s offer
- 2 states use a standard of 115% of condemnor’s offer
- 6 states use a standard of any amount over the condemnor offer
- 1 state uses a standard of “closer to land owner’s value than condemor’s…

Sen. Huffines: 3 Reasons Eminent Domain for Private Companies is A-OK.

Private companies exercise eminent domain all the time in Texas with no gross mismangement
Private rail has exercised eminent domain for more than 100 years
Texas has property owner protections

Dallas Morning News | Why it’s perfectly appropriate to allow a private railroad to use eminent domain

State prohibits Eminent Domain in Water Safety Bill. 4 Key Points.

State: Florida

Legislative Fix:

Increase a reservoir capacity
Stop overflows of toxic “guacamole water” into the state’s rivers and streams

The Eminent Domain issue:

Eminent domain authority amendments failed
SB 10 prohibits the use of eminent domain

FLORIDA SB 10 (2017)

Florida Politics | Senate approves plan to fix Lake Okeechobee, end algae invasions

Lege Trend. Eminent Domain Limits by Industry. Rail Industry edition.

State: Indiana

The eminent domain legislation:

heightens the public use standard
puts into state law a federal appraisal standard
limits the amount of land that can be taken, tying all the land to the public use

Northwest Indiana Times | Rail eminent domain changes win legislative approval

Indiana House Bill 1260 (2017)

1 Pending Texas Central Rail Landowner Lawsuit. 3 Things to Know.

A lawsuit from 78 year old property owner and a countersuit by Texas High Speed Rail had a hearing this week
What put them into court was whether the rail could have pre-condemantion access to the property to survey it
What kept them in court, when Texas Central Rail, had dropped other similar lawsuits, was that this lawsuit wanted Texas Central Rail to admit that it did not have eminent domain authority

No ruling yet from the Court.

KBTX | Leon County landowner meets high speed rail…