Author Archives: admin

Eminent Domain Legal Case vs. Right to Carry. 2nd Amendment vs. 5th Amendment.

In competing constitutional rights, the Dakota Access pipeline protests, which have had violent moments, is placing the following security measures in place for the legal fight:

  • No guns
  • No knives
  • No video cameras
  • No signs, posters or banners larger than a standard sheet of paper
  • No  noisemakers
  • No backpack
  • No large bags
  • No containers and coolers

News Channel Nebraska | ‘Security Measures’ Planned for Pipeline Hearing

Legal Trend. What happens when a state defines private property right as a "fundamental right?"

The state: Virgina

The legislative action at issue:  In 2003 the VA Constitution added:

 “That the General Assembly shall pass no law whereby private property, the right to which is fundamental, shall be damaged or taken except for public use.”

The VA Supreme Court: What happens if the Court rules that the right to private property is fundamental:

  • shift zoning cases to judges, from local governments
  • zoning cases will have heavier scrutiny
  • court dockets would be clogged

News Leader | How…

How to use Eminent Domain When a State Agency has no Eminent Domain Authority.

The agency: Texas General Land Office

The land: Rollover Pass on the Boliver Penninsula

The entity using eminent domain: Galveston County

Where are the courts? County Court-at-Law Judge ruled in favor of the use of eminent domain. The next phase will be detemrineing value.

Beaumont Enterprise | Court order could doom Rollover Pass

Private Property Rights. Short Term Rentals. Republican in Sunshine Breaks Ranks. Makes 3 Points.

The Republican Chairman of the Regulated Industries Committee that heard Florida’s proposed statewide short term rental bill said the following in opposition to the bill:

  • He’s an advocate for local control of vacation rentals
  • He offered an amendment to preserve local control, his county attorney opposed the amendment
  • He brings the bill up for a vote, and votes no. There were more than ample ayes to pass the bill.

Palm Coast Observer | Florida State Senator Travis Hutson | Here’s what’s…

Private Property Rights. When a State Limits Mining Methods on Federal Lands.

State: California

Mining Method banned by state law for mining on federal lands: suction dredge mining

The property right interest: mining claim

What can state laws do in this case? State laws can supplement federal laws but cannot friustrate federal laws

Is this getting addressed by policy?regulations? statutes? courts? The US Supreme Court will consider whether to hear the case.

 

Pacific Legal Foundation | Briefing complete on cert. petition in Rinehart v. California

Eminent Domain Issue Du Jour: The Border Wall. 3 Property Rights Trends Emerging.

  • New kid on the block defending property rights on the border: Texas Civil Rights Project
  • The border wall would trigger a federal use of eminent domain, and not Texas’ use of eminent domain
    • An alleged leaked memo says an actual fence will be built on roughly 36 miles of land in the Rio Grande Valley
  • In 2006 when a wall was last attempted, 100s of lawsuits were filed 

 

Valley Central | Border wall plans spur effort to help Texas landowners with eminent domain

Lege Trend. Eminent Domain & Property Owner Compensation. How Does Texas Measure Up?

Compensation & Valuation:

  • TX + 28 states use the Broad Instruction Approach
    • Broad Instruction Approach provides minimal instruction on compensation
  • 17 states use the Factor Based Approach
    • Factor Based Approach specifically lays out what considerations should be followed by the court in determining the fair market value of the land. 
    • Seeks to ensures that relevant information is considered in every condemnation case 

A consideration for Texas:

Adopting “a Factor Based or Specific…

Eminent Domain. TXDOT. Right of way. Fraud. Forget flipping houses, flip right of way land. 3 pieces informed intel:

What is flipping right of way?  2 investors have been investigated by the FBI for buying right of way near I-35East, and arguing that land delveopment deals increased the land’s value when the land was sold to TXDOT.

What happened to the 2 investors? 

  • 1 entered a guilty plea to one count of conspiracy to commit mail fraud
  • 1 is awaiting trial

The amount garnered from the land transactions?  2 investors received $12.9 million above their purchase price

Dallas Morning News | Dallas man admits…

Eminent Domain Laws Across the US. Attorney Fees. Quick Info. How does Texas measure up?

Attorney Fees:

  • TX awards attorney fees if the condemnor doesn’t make a bonafide offer
  • 40 other states award on a broader basis
    • 4 states use as standard of 110% of condemnor’s offer 
    • Colorado uses a standard of 130% of condemnor’s offer 
    • 2 states use a standard of 120% of condemnor’s offer 
    • 2 states use a standard of 115% of condemnor’s offer 
    • 6 states use a standard of any amount over the condemnor offer
    • 1 state uses a standard of “closer to land owner’s value than condemor’s…