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2 Landowner Concerns After the latest Denbury/Texas Rice Ruling.

  • Is the amount of evidence required to be a common carrier reduced by this ruling?
  • Is the test set up by this ruling apply to more than just CO2 pipelines?
    • The test: a reasonable probability must exist that the pipeline will at some point after construction serve the public by transporting gas for one or more customers who will either retain ownership of their gas or sell it to parties other than the carrier

Texas Agriculture Law Blog | Texas A&M Agrilife | Texas Supreme Court Issues…

4 Eminent Domain Bills So Far. What do they do?

 HB 528  & HJR 40  by Schofield swing the pendulum for repurchasing unused, condemned property by the original property owner. 

SB 243  by  Burton Sets up a veto for eminent domain authority by requiring that a majority of the county commissioners must support the use of eminent domain. 

 

SB 379  by Perry
 As loyal informedintel subscribers know, the Comptroller maintains a data base of what entities have eminent domain authority. There are 1000s of them. They should all…

Pipelines. Eminent Domain. TXSCT clarification. 3 Points to be Conversant.

Is checking the box enough for the courts to say yes, pipeline, you have eminent domain? NO.

What do pipelines have to show in court? That there is a public use by meeting this standard:

  • “reasonable probability” that the pipeline would be used to transport gas
  • for “one or more customers who will either retain ownership of their gas or sell it to parties other than the carrier.”

Did Denbury meet the new standard? Yes, by showing its existing contract with another entity to transport…

Private Property Rights. Court Rules Against MMD. Property Owner Petitions Gone Awry.

The municipal managment district: Montrose Municipal Management District

The amount of assessments that triggered a property owner suit? $6.6 Million in assessments

What have the courts said? The Montrose MMD assessments were unlawful

What did the Court say the MMD did wrong? State law requires commercial property owners to sign off on the MMD and assessments. The list of signatures by the Montrose MMD included residential property owners who are not assessed by the Montrose MMD

…

House Special District Committee & Senate IGR Mirror Recommendations. The details:

House Committee on Special Purpose District 2016 interim committee report makes the following recommendations:

  • Follows Senate IGR to recommend committee policy changes requiring local notices for annexation & MMDs before legislation is considered 
  • Use of standard MMD language
  • A committee check list:
    • Enforce existing and additional notice requirements outlined in Recommendation No. 1 (Notice requirements);
    • Enforce the use of the MMD Standard Language described in Recommendation No. 2a…

INTERIM Committee Report. Land & Resource Management. 4 Recommendations.

Land and Resource Management Interim Committee Report for 2016 makes these recommendations:

  • Excessive and abuse local regulations should be addressed by targeted local bills. (pg. 66)
  • ” A public notice to unincorporated areas of its boundary lines changing due to annexation or ETJ expanding. ” (pg. 71)
  • ” Reconsider annexation reform which will balance the powers between private property owners and municipalities. ” (pg. 71)
  • “Reconsider eminent domain reform to ensure fair compensation…

Private Property Rights Bills. Via Rep. Schofield.

  • HOAs and religious displays.
    • Schofield seeks to remove restrictions related to materials & location that Hoas relied on to remove religious displays
    • Schofield may seek to address the timeline of removal as it relates to an incident in Katy
  • Eminent Domain. Schofield’s House Bill 528 
    • Property Owners can buy back unused property that was taken by eminent domain for the original price
    • Schofield’s bill narrows what constitutes actual progress that triggers a buy back…

4 Reasons Property Owners tout Trans Pecos Pipeline as the next Dakota Pipeline Standoff.

What’s the Trans Pecos Pipeline?  A West Texas pipeline that will deliver natural gas to Mexico & the pipeline cost will be paid by Mexico so it can power electricty plants

What characteristics of the Trans Pecos pipeline that draw parallels with the Dakota Pipeline protest?

  • Landowners talk about court awards in the millions that they won but that are unpaid.
    • The pipeline is appealing the awards.
  • Native Americans are getting involved to protest in Texas
  • The Texas land includes some…

TREND. Courts v. the Lege. Eminent Domain. High Speed Rail.

The competing timelines: 

  • Will the Texas Legislature prohibit eminent domain for high speed rail before the May 29th Sine Die?
  • Will the July 3rd Harris County trial on the issue have the final word?

The brewing issues:

  • Does the high speed rail project have eminent domain authority under Texas statutes?
  • If so, how should land owners and pre-condemantion access to the land work?
    • Sound familiar? It should, its the same issue that land owners in West Texas raised with the Trans-Pecos…

3 Points. Eminent Domain. Legislative Priority.

What entity lists eminent domain as a legislative priority? Empower Texas

What 3 points do they point to as requiring eminent domain reform:

  • Private gain from eminent domain– whether it be private entities using eminent domain authority or local officials benefitting developers
  • Public Use should be roads, water lines or electricity, & not high speed rail developlment
  • Amoritization is just as bad as eminent domain.
    • ​What is amoritization? Changing zoning rules to deprive property…