Category Archives: 2015 legislation

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…

Legal Trend: Denbury Back at Texas Supreme Court, 3 Key Pieces Informed Intel.

Friday’s Texas Supreme Court orders included accepting Denbury. They’re back like the Terminator and Poltergiest rolled into one.

  • Even though the order was granted on April1st, it is not an April Fools joke. 
  • In February 2015 the appellate court reversed the trial court that ruled in favor of Denbury pipeline.
  • What was the losing argument last year? That Denbury was a common carrier. The court looked at the low number of third parties that had contractual arrangments for the…

3 Reasons Land Owner Complaints on Eminent Domain Are Getting Old. Dallas Morning News.

In an editorial laying out why the Dallas Morning News opposes the Brazos Valley Council opposition to high-speed rail, there’s quite a statement about eminent domain.

From the editorial: ” But the eminent domain scare tactic is getting old.”

Why is the “eminent domain scare tactic getting old?”

  • eminent domain is a quagmire for both sides
  • because condemning entities want to settle, that could strengthen land owner negotiations over price
  • landowners will still get to use their property

…

Comptroller Touts Eminent Domain Database. 5 Points to Know Now. Fine Likely to Increase.

  • Comptroller sympathizes with land owners
    • ​“With 94 percent of Texas lands held privately, our citizens naturally feel a deep connection with the land they own. I’m one of them, farming land that’s been in my family since the mid-19th century.”
  • Minimal use of eminent domain passes muster with the Comptroller.
  • Most flagrant eminent domain abuse. The Bureau of Land Management’s seizure of farm lands on the border with Oklahoma. 
  • Transparency key to eminent domain.
  • The $2,000 fine…

Deadline to Report Eminent Domain Power Fast Approaching. 5 Things to Know About Eminent Domain Transparency.

  • Online eminent domain database was created by SB 1812 (Kolkhorst & Geren)
  • All entities with eminent domain authority, public & private, can begin reporting on December 7th. The Form will be here. 
  • Deadline for reporting is February 1, 2016.
  • Comptroller recommends that entities with eminent domain authority designate one officer or employee as point of contact for current eminent domain information
  • 10 Pieces of Information will be online:
    • the entity’s full legal name;
    • the…

TPPF: Annexation in San Antonio is a Property Grab. 4 Reasons to Pass Annexation Reform.

Pointing to a new forced annexation of 87 square miles and 52,000 Texans in San Antonio, the Texas Public Policy Foundation proposes passage of annexation reform.

TPPF backed  SB 1639 and HB 2221 from the 2015 Texas Legislature. These were good reforms for these 4 reasons:

  • “growing government spending is not a reasonable justification for trampling on someone’s private property rights”
  • Reform needs to include cities providing “a written contract for services shown in at least…

Private Property Rights: End Forced Annexation. 3 Reasons Why from TPPF.

  • For 100 years Texas has permitted forced annexation
  • Texas should stop this practice and stand for limited government and conservative policy
  • City governments should not be allowed to trample property rights.

TPPF says these 2015 bills would have helped:

  •  HB2221 which died on a point of order
  •  SB 1639 which never made it out of House Committee.

TPPF

 

 

Many Faces of Private Property: Mineral Rights or Property Rights on Your Homestead?

Private property rights as engrained in Texas as the Lone Star. Dueling private property rights are facing a detante.

Denton’s fracking ban sought to protect use and enjoyment of your private property, your home. In contrast, HB 2595 would prohibit initiative and referendum petitions that restrain private property rights. Sounds just like what Denton did, until one sees that there are also private property rights in mineral interests, which is what HB 2595 sought to protect.

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Free Range Condemning Entities Graze Into the Greenest Court

On Thursday, May 7th,  Senate State Affairs is hearing HB 2536. Its a fascinating new front in eminent domain legislation granting free reign to condemning entities in Harris County. 

This bill will allow a condemning entity to unilaterally select the court for eminent domain proceedings.  Wouldn’t we all love the power to unilaterally select the best court? the best line at the gas sta…