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Management Districts are controlled by the cities in which they operate and by the statutes that created the districts. The dual level of oversight means that while state law may grant a management district the power of eminent domain, a city may restrict a management district’s use of eminent domain.
Such is the case in El Paso. Chapter 505 of the Government Code grants the Monticello Management district the power of eminent domain. The City Council of El Paso has prohibited the…
The Green Bay Packers are the only professional franchise to be municipally owned.
Municipal acquisition of sports franchises is not an entirely new concept, Oakland considered eminent domain when the Raiders attempted to leave.
According to Stanford economist, Roger Noll, “whether eminent domain would work probably varies from state to state and from judge to judge.”
Even the threat of eminent domain could have an impact on professional sport franchise ownership …
Austin Business Journal lists eminent domain, especially in relation to pipelines, as a must watch legislative issue for 2015.
Information Intelligence subscribers know that the hot legislative topicis broader. It’s any private company that has the power of eminent domain that triggers higher & hotter legislative scrutiny.
This includes private toll authorities, transmissions lines, and pipelines at a minimum.
Posted in2015 legislation, private company, private property rights
New York prohibits fracking. Mineral rights owners and companies with existing leases may file suit claiming that the fracking prohibition is tantamount to the state government taking their private property. 6 years of litigation and we might see the first jury trial. Here’s what happened: In 2014, a private tollroad coporation proposed new toll roads in North Texas. Town halls were held. Fire Marshalls shut them down as too many people turned out against new toll roads. City councils in the proposed toll areas passed resolutions opposing the plans to use eminent domain. Toll road opponents and private property rights supporters united. The 2015 Legislature will consider HB 565, which will stop private toll authorities from exercising eminent domain. Question Posed: Whether municipalities must meet the population requirement in section 43.121 of the Local Government Code to annex property under section 43.129. Opinion Summary: “Without further guidance from the courts or the Legislature, it is not possible to reliably predict whether a court would require a municip… Information Intelligence has written about the pending TX Supreme Court case about a pipeline that owes a landowner a hefty judgment and hasn’t paid it. The case is gaining attention and momentum. TPPF weighs in on the case of the non-paying pipeline: This week TPPF released a private property rights paper about a pipeline company facing a judgment in excess of $1.6M against it. The judgment is unpaid and no bond is posted for appeal. It has ruffled feathers. In the paper, TPPF reminds us transmission lines are no different that pipelines in that they both are private companies that have the power of eminent domain. TPPF stresses 2 major points: Compensation of land owners is a common refrain in eminent domain debate. When property is taken by private companies, such as pipelines, the debate grows more intense. Massachusettes is considering a 12.5 percent royalty on any oil and gas transported in a pipeline through Massachusettes and ultimately sold to a foreign country. The royalty would be split amond land owners and is in addition to any compensation from taking of land through eminent domain.
Posted incompensation, legislation trend, pipelines/common carriers, private company
Fracking Ban Leads to Inverse Condemnation Suits
TX Rice Partners v. Denbury: A history lesson.
HB 565: Revoking Eminent Domain Authority
Land Use AG Opinion: Annexation by Consent? Maybe.
TPPF on the Case of the Pipeline that Will NOT Pay the Judgment Against It
TPPF Refresher: Transmission Lines Also Carry Eminent Domain Power
Royalties to be paid to Owners of Property Taken by Eminent Domain