TXDOT agreement with Private Toll Corporation Revealed

Want to see the details of an agreement between TXDOT and a private toll company delineating the private toll companies eminent domain authority? The Texas Observer delivers.

The Texas Observer also gives us this piece of trivia: “The Texas Turnpike Corporation still has eminent domain powers because it formed one day before the 1991 repeal went into effect.” [TX Observer]…

Baseball is an American Pastime. Baseball Fields Require Acres of Land.

Americans love their baseball. Hartford, CT loves baseball and wants to build a new minor league stadium. The city knows where they want the new stadium, but the people who own that land disagree.

The city and landowners couldn’t reach an agreement to sell the land to the city. Naturally, the city is opting for eminent domain.

The city proposes to take 14 pieces of private property for a total of $1.98 million. The city will then turn the land over to a developer for a $350…

Texas Supreme Court to Decide if Denial of a Water Permit is a Compensable Taking of Private Property

Bragg v. Edwards Aquifer is a story about a pecan farmer who wanted to water his pecan orchards. His request for water was denied. He went to court.

The trial court and the appellate court agreed with the pecan farmer- the denial of the water permit was a taking of his private property rights and he deserved compensation.  

We’re now at the Texas Supreme Court. The landowner has won twice. The response brief is due December 22nd. Time will tell whether denying a water permi…

Eagle Ford Land Partners Outstanding $1.6M Award from a Pipeline

On Halloween, the Texas Supreme Court set December 1st as the deadline for response to the Petition for Mandamus in Eagle Ford Land Partners.  Eagle Ford Land has a judgment for $1.6Million from a pipeline company that is not satisfied. Eagle Ford is asking the Texas Supreme Court to enforcement to judgement. 

Property Rights advocates from the Farm Bureau to the WildLife Association  to TPPF have lined up in support of Eagle Ford Rice Partners. [ adminPosted incompensation, pipelines/common carriers, private company, private property rights

Eminent Domain for Access to WalMart in Longview?

There’s a new WalMart SuperCenter in the works for Longview. But, acquiring the land for access roads to get to the new SuperCenter is challenging.  Landowners have not agreed to sell the necessary land to build the access roads.

Whether building the roadways to benefit a for profit corporation falls within public use/purpose required for eminent domain will be decided by the courts if eminent domain is used. [ adminPosted ineconomic development, private company, private property rights, roads

Realtors Engage In Richmond, CA Council Races over Eminent Domain

Richmond, California set a trend for using eminent domain to take over underwater mortgages. It has been a controversial program that has been winding its way through the courts and is now the undercurrent of campaign mailers.

The National  Association of Retailers have gotten involved in the Richmond City Council races because of eminent domain. The Realtors are supporting candidates who oppose eminent domain.   adminPosted inactivism, campaigns, legislation trend, private property rights