Bill Action: Civil Forfeiture is the New Eminent Domain

This week House State Affairs Committee heard testimony from Matt Miller, of the Institute of Justice. He drew comparisons between eminent domain and asset forfeiture.

He compared the government’s ability to take property from innocent Texans without charging them of a crime with the ability of the government to take property from innocent Texans for a public use under eminent domain. 

Refreshing our Recollection: The Institute for Justice is the the group of attorneys that…

Legal Trend: City to Use Eminent Domain to Acquire Private Water Company

Ojai California is using eminent domain to condemn the water utility that serves its community. Fed up by high water rates, the city opted for eminent domain.

Eminent Domain and the judicial system go hand in hand. The private company that operates the private water utility in Ojai, sued. The Second Court of Appeals sided with Ojai that eminent domain allows the taking of the utility so that the the utility can be operated by the local government. 

The Court went so far as …

Transmission Lines Incite Eminent Domain Fears. County Denied & Retracts Consent.

Missouri is grappling with the Grain Belt Express Clean Line, a transmission line to move wind energy. The majority of county governments and land owners have not approved the transmission line.

Right now the transmission line is tied up in the Missouri version of the PUC, and the drama is rising.

Ralls County has become engaged in the statewide regulatory approval of the transmission line. The county went so far as to make clear that it has never consented to the the trans…

Pre-condemantion Access: 100 Landowners Block Pipeline Access. Pipeline Sues. Law Sides with Landowners?

In the West Virginia mountains, a fight is brewing between a pipeline and 100 landowners over access to land.

The pipelines say they need access to the land to comply with federal requirements. 

The landowners say that the access the pipeline wants exceeds what is allowed under West Virigina Law in at least 3 ways:

  • West Virginia code is limited to  examining, surveying, and laying out lands for easement
  • Only a governmental body may enter and bring mac…

What not to Say at a Public Meeting in Houston: We Will Take The Property By Eminent Domain

Houston Metro plans to sell a closed park and ride to the Houston Housing Authority. HHA wants to build a 300 unit development. 

In a public meeting about the sale and development of the vacant park and ride, HHA said that if the property is sold in a private sale, HHA would use eminent doamin to acquire the property. Property owners reaction was predictability not thrilled, who prefer a private sale of the property. adminPosted inactivism, private property rights, special districts

Eminent Domain Averted at UNT

UNT and Sac and Save have reached an agreement to purchase the 91,000 building for $6.25 million. The agreement is pending approval from the board of regents. 

Eminent Domain was an available option for UNT. However,  because the property had other pending offers for purchase, and the desire to avoid eminent domain litigation; a purchase agreement was reached. The Denton County appraisal of the property was approximately $2.2 million. 

adminPosted inappraisals, legal trend, private property rights, university

Lege Trend Arrives in Texas: No Eminent Domain for Railroads

In Texas, The Senate Committee on Transportation approved SB 1601 which would deny eminent domain for high speed rail in Texas.

In Minnesota, all railroads may have their eminent domain authority revoked or curtailed by local government approval of projects. Opponents to a rail plan cite problems for emergency responders, increased train traffic, and lower property values in their desir…