This week the Railroad Commission passed rules to address when eminent domain attaches to certain common carriers. The rules will become official March 1st. The fight is making a beeline to the Legislature, which historically favors private property rights.
Background: This eminent domain fight began because of court cases, which sided with landowners & private property rights. Legislation moved forward in 2013, but died on an elegant point of order. [
Posted in2013 legislation, compensation, easement, legal trend, legislation trend, pipelines/common carriers, private company, private property rights, process & procedure, railroad commission
Land ownership is to Texans like blue is to the sky. Tarrant Regional Water District (TRWD) needs to move water around to meet supply demands. The project is expected to cost $2.3 Billion in tax revenues. Two big flags in this fact pattern: The land TRWD needs is owned by private citizens who want to… Ron Kirk will serve as senior advisor. He joins Robert Eckles and Tom Schieffer. Central Texas Railway has been hosting public forums to discuss its projected Dallas to Houston route. Landowners along the route have raised concerns. Building the bullet train requires land. Most land in Texas is privately owned by Texans, who love their land. Acquiring land presents challenges. [
Posted inprivate company, private property rights, railways
Highland Park ISD wants to buy land for a parking lot. They tried to buy it, but offered less than the June purchase price. The land’s owner is a developer who wants to put in town homes on the West Lovers Lane property. This Monday Highland Park ISD Trustees approved using eminent domain, if necessary. Unless an agreement is reached, look for a lengthy legal process. [
Posted inappraisals, compensation, land use, private property rights, school
D.C. needs a stadium home for D.C. United. Its futbol, or what the world, except for the U.S., calls football. D.C. has a property swap in mind, but hesitancy in D.C. leadership leads to speculation of eminent domain. Speculators surmise that eminent domain would be more costly (lots of lawyers) and would take more time than to purchase or swap land to build a stadium. [Soccer America
A pipeline company wants to build. Accordingly, it sent landowners letters that it would be surveying land. The Appalachian landowners are unhappy. Rural mountain people upset with big corporations coming onto their land with fancy science equipment reads like a script for Deliverance 2014. Lawyers say that until there is an established common carier purpose and a public need, the pipeline cannot survey land. [
Posted inpipelines/common carriers, Pre-condemnation Access, private company
2014 has been the year of eminent domain protesting. There were farmers who planted crops to spell out their protest, a Willie Nelson rally, and old fashion protestors. Public meetings have been shut down by the fire marshall. Protestors are loud. They want their voices heard. The latest protest rally is in response to a Houston based pipeline company that wants to build a pipeline in Massachusttes. The protest brought together property rights activists, environmentalists, land o… An early eminent domain bill this pre-filing season: SB 178 by Nichols prohibits the use of eminent domain for recreational purposes. Quotes from Senator Nichols: “Senate Bill 178 would prohibit state or local governments from taking private land for recreational purposes. Nichols believes eminent domain can be a last resort when considering public utility projects and other public works, but that no one’s land should be taken for bike trails or parks.” “These bills repres… A Florida city wanted to protect seagrasses. So, it prohibited docks to promote seagrass growth. Property owners, with riparian rights, wanted to build docks to access the water. The conflict ended up in court. Landowners went to state court seeking property right protections for their riparian rights. The city moved the suit to federal courts. The 11th Circuit held that riparian rights, state based property rights, are not protected by the US Constitution. Litigants await word fr… UT Regants had put Players on the eminent domain chopping block in 2004. Players was saved from eminent domain and UT ultimately paid fair market value for the property. The Austin Chronicle details the eminent domain challenges Players faced. [Austin Chronicle]Eminent Domain Extrapolated: A grand jury, open record requests, campaign contributions & more
Ron Kirk joins Project to Bring Bullet Train to Texas. Land Needed to Build it.
Highland Park Eminent Domain Hijinx
Stadium Building: With or Without Eminent Domain
When can a pipeline survey land?
Protest to Stop Pipeline
SB 178: No Eminent Domain for Parks or Bike Trails- EVER.
NFIB Amicus Brief to US Supreme Court Supporting Riparian Property Rights
Memory Lane: Eminent Domain, UT and Players