Water Rights Meet Eminent Domain. Meet Farmers in Sooner State. 5 Points for You.

Farmers in Oklahoma are joining forces over the use of eminent domain to aquire water rights to allow for the sale of Oklahoma’s water. 

5 Points that will Make You the Expert.

  • Oklahoma sells water to Texas.
  • A grass roots group has emerged, Oklahomans for Responsible Water Policy
  • Grass Roots say farmers support granting eminent domain authority for water rights
  • Farmers say grass roots is wrong, that they are working for the best outcome for farmers 
  • How does this play in Texas? In…

307 Eminent Domain Actions. 1 Partial High Speed Rail in the Golden State

What project has triggered 307 eminent domain petitions? California’s first leg of the Los Angeles to San Francisco high speed rail.

How many acres does this represent being taken? Since December 2013, 307 eminent domain actions for high speed rail have accounted for 1,135 acres of land.

Which agencies approve the use of eminent domain for high speed rail in California? California’s General Services, Transportation and Finance departments

Fresno Bee | State churns more condemnation…

Federal Legislation Stops Agencies from using Eminent Domain.

Who filed a bill? Republican House Natural Resources Committee Chairman Rob Bishop, R-Utah

What motivated him?  Learning that federal agencies used 61% of the Land and Water Conservation Fund to acquire land

What is the agency response? “The Interior Department argues it doesn’t use eminent domain to grab up contested land, but rather as a legal tool to reach a price agreement with willing sellers. “

The draft Congressional legislation

Alaska Dispatch News | U.S . House seeks…

Town of 10,000 Tries Redevelopment. Includes Eminent Domain. Lawsuit on Horizon.

A small town redevelopment effort to revitalize vacant industrial property surprised city council members when it was revealed that the Institute for Justice is interested in the issue. 

The Institute for Justice represents land owners who are facing condemnation or forefeiture of their property. 

The Mount Airy News | Eminent domain issue sparks legal threat

Legal Trend: Quick Take Property When Not Building Roads? Court Says No. How Texas Fits into the Mix.

What’s a quick take? Once an eminent domain suit is filed, the entity exercising eminent domain claims ownership of the property.

Where is this Court that’s limiting quick take of property rights? Ohio

Is the court saying no quick take, that the courts have to decide before the property ownership can transfer to the condemning entity? No, the court says the Ohio constitution limits this ability to the taking of land for roads only.

How does this apply in Texas? In Texas, once an…

2015 House Interim Charges. Property Rights. Spans 6 Committees.

Eminent Domain

Private Property Rights | Asset Forfeiture | Annexation | Special Districts

THE HOUSE INTERIM CHARGES

  • Business & Industry: whether property owner associations restrict property rights
  • Criminal Jurisprudence: civil asset forfeiture & data reporting
  • Culture, Recreation & Tourism: protecting private property rights on the San Marcos River
  • Defense & Veterans Affairs: private property rights, seller disclosures & military bases.
  • Land & Resource Management: beach erosion…

One State Treats Natural Gas Pipes Differently than Petroleum Pipelines. One needs Willing Buyers. The Other– not so Much.

In the 1990s, Georgia wants to protect wealthy quail plantation owners from a new oil pipeline, so it passed new laws related only to oil pipelines.

What does an oil pipeline have to do that a natural gas pipeline doesn’t have to do for eminent domain approval? A pipeline that carries gasoline, diesel and ethanol must:

  • Get Georgia DOT approval and
  • Be approved by Georgia’s Environmental Protection Division 

Has this been a hurdle? yes, it has stopped a pipeline by Kinder Morgan. The…

Legal Trend: Court Limits Pre-condemnation Access for Buckeyes. 5 Points to Know Now & How it Could Happen in Texas.

What isssue was the Ohio Court reviewing? In Ohio, like many states, once an eminent domain petition is filed by the condeming entity, that entity gets the property. It’s called a “quick take.”

Did condeming entities win or landowners? land owners

What did the court say? Cities can’t quick take property for things that aren’t roads. So, no quick take for sidewalks. 

What’s interesgting about the OH eminent domain laws? Ohio limits quick take eminent domain to “making or reparing…