An end run around the Legislature to give the Nebraska Governor sole eminent domain authority for TransCanada Keystone XL pipeline has raised eye brows. It’s currently the subject of contentious litigation before the Nebraska Supreme Court. Legislators don’t like their powers taken away. Toddlers don’t like their toys taken away. The bill had a bumpy committee hearing and the press seized it. The press likes discovering that a legislator can’t answer questions about his bill in a committee…
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Could L.A. use eminent domain to take the Clippers?
Sounds crazy, right? A sports team isn’t real property. How can eminent domain be used for intangible property? In 1982 the City of Oakland began eminent domain proceedings against the Raiders when they sought to move to L.A. During this process, the California Supreme Court opened the door for the use of eminent domain to take professional sports teams.
Posted ineconomic development
In 2012 the Commonwealth amended its constitution to allow a landowner to petition for up to 3 years worth of profits from a project that used eminent domain. Imagine the revenue impact for profit sharing on electric transmission or oil and gas pipelines in Texas. [The National Law Revie… The North Central Texas Council of Government did the right thing by hosting a public meeting on a planned toll road linking Bush Turnpike with Greenville. Unexpectedly the meeting drew a crowd. A really big crowd. A crowd too big for the school cafeteria. People were there to voice opinions about eminent domain. The big crowd caused a quick end to the meeting. There is nothing that pleases people who are upset more than being denied a forum to voice their opinions. Tempers are sure to fla… Hurricanes are awful. Imagine a hurricane destroying the Texas Gulf Coast like Sandy destroyed New York. Add to the destructive power of mother nature, the power of eminent domain granted to the Army Corps of Engineers. Congress gave the Corp authority to study the need for erosion and dune protection, along with the power of eminent domain. Sandy’s aftermath is destructive for property rights advocates who want to tend to their own beaches.
Posted inbeaches, private property rights
The Chair of the American Bar Association Section on Eminent Domain says, “Yes.” State courts have been wrangling with just compensation for years. In Texas, court decisions have increased compensation to land owners by millions. But, the US Supreme Court has been silent on just compensation. In 2005, the US Supreme Court’s Kelo provided guidance on why land could be taken, but didn’t touch on how much land owners should be compensated. It’s the next big issue. Look for vocal land owners … High Speed Rail is progressing in California. Billion Dollar construction contracts have been awarded. But, there’s a hitch. Eminent Domain and right of way negotiations aren’t moving. Hard to build when land disputes exist. [Fresno Bee] Kathie Glass talks about eminent domain and theft of water as she kicks off her tour of Texas’ 254 counties. [KLTV]Profit Sharing in Eminent Domain
RRC proposed rules sound good, if you like more paperwork
The Cattlewoman’s Column posits that the proposed Railroad Commission rules on common carriers add more paperwork, but do nothing to solve the problems of land owners.
Greenville Crowd Silenced from Discussing Eminent Domain
Boll Weevils Eradicate Rail Yard, not Cotton Farms
Cotton farmers in Mumford want to unleash their enemy, the boll weevil, on a neighboring rail yard. In reality, the cotton farmers want to stop a Rail Yard from acquiring their farm land by eminent domain. Farmers are concerned about the harm of industrialization on the farming industry and the environment. [Texas Tribune]
Posted incompensation, infrastructure building, private property rights, railways
Hurricane Sandy Sparks Eminent Domain Debate
Just Compensation for Eminent Domain to be heard by the US Supreme Court?
High Speed Rail in California, What does it mean for Texas?
Texas Libertarian Issue Du Jour: Eminent Domain