Eminent Domain Case of the Year in Texas: The Elbow Room at Texas A&M

The key issue: Business owners, who do not own the business’s property, may be forced into move 

The eminent domain issue: Texas does not recognize a comepnsable value for a tenant business

Do other states compensate a tenant? Yes, look at California

The property in dispute & the project: A new dental school facility at Texas A&M may require that the university acquire the property occuppied by the Elbow Room

Does this sound familiar, a popular establishment near a university facing…

4 Ways Southerns Think about Eminent Domain.

National Geographic’s website has a feature piece entitled, Palmetto Pipeline: An Eminent Problem. Here’s what you need to know:

  • Southerners aren’t opposing pipelines for environmental reasons, but for private property reasons.
  • What didn’t sit well with landowners is that the pipeline can take an easement via eminent domain, leaving the property owner to pay taxes on land that it can’t use because the pipeline is on it.
  • In 2016, government officials denied eminent domain because there was…

Legal Trend. Major State Supreme Court. Compensation for Study and Assessment of Land.

The State: California

The win: Landowners who sought compensation for extensive geological and environmental testing that included:

  • multiple days of precondemantion access to land
  • over a two-year period
  • with the removal of soil borings to 150 and 300 feet

The public works project: A water tunnel under the Bay Delta as part of a new water delivery system

Matteoni, O’Laughlin & Hechtman | California Supreme Court Issues Major Ruling Regarding Landowner Compensation For Those…

Job Creation Leads to Eminent Domain Veto

Which governmental entity vetoed an eminent domain project? Outagamie County Executive 

What governmental purpose was the project fulfilling? A new Sheriff’s department facility

What was the reason for the veto? It came to light a private company would operate the facility and create 100 jobs

WeareGreenBay.com | Outagamie County Executive to veto eminent domain plan

INTERIM. 2 Reasons Economic Principles Do Not Support Just Compensation

  • Economic principles do not apply to eminent domain because there is no willing buyer and no willing seller involved in eminent domain
  • Behavorial economics loss aversion shows that people would pay less for other people’s property than they would accept as a purchase price for their property

Bangor Daily News | Eminent Domain, Just Compensation, and a Raw Deal for Homeowners

Eminent Domain for Reservoir. How a Legislature Bypassed Normal Eminent Domain to Save Funds.

Why are normal eminent domain laws being bypassed? Because eminent domain will be too costly and will take too long

What is the eminent domain project? A dam

Which legislature created this eminent domain loophole? North Carolina

What 5 things do we need to know about this work around to normal North Carolina eminent domain laws?

  • Quick take eminent domain was passed for this project
  • Quick take eminent domain allows the dam builder to take possesion of the land immediately
  • Quick…

Property Rights. 6 Points from the FAA Drone Rules

The Federal Avaiation Administration finalized the first round of drone rules. 

6 Key Points:

  • Drones must maintain a maximum flight speed of 100 miles per hour and a maximum height/elevation of 400 feet.

  • The drone must remain in the operator’s visual line of sight (using a drone’s camera does not satisfy this requirement).

  • While flight is limited to daytime use, operators will be allowed to fly their drones 30 minutes before official sunrise to 30 minutes after official…

Texas Transportation Project Saying No to Eminent Domain. Yes to Profit Sharing with Landowners.

The start up:    Transonic Transportation LLC

The rail project:   A hyperloop connecting Austin & San Antonio

The use of royalties instead of eminent domain: Instead of acquiring land, the model involves giving dividends and profit sharing to landowners

The pro-private proeprty rights angle: Since hyperloop track would be build on pylons, there is no barrier to access to land, unlike when tracks are laid on the ground.

San Antonio Business Journal | Exclusive: Making way for…