Welcome to the Future!
At least one eminent domain lawyer thinks large value, 7 or 8 figure, eminent domain cases may be forced into a new three judge panels that can be convened by request of the AG. Texas Lawyer describes the bills as:
“allow[ing] the Texas attorney general to petition the Texas Supreme Court’s chief justice to convene a mandatory three-judge court to hear school finance or redistricting cases. The panel would consist of the original district judge who got the case, and two others appo…
This week House State Affairs Committee heard testimony from Matt Miller, of the Institute of Justice. He drew comparisons between eminent domain and asset forfeiture.
He compared the government’s ability to take property from innocent Texans without charging them of a crime with the ability of the government to take property from innocent Texans for a public use under eminent domain.
Refreshing our Recollection: The Institute for Justice is the the group of attorneys that…
Squeaking by in a 5-4 vote, Senate Transportation Committee passed SB 1601 by Kolkhorst. the bill removes eminent domain authority for high speed rail.
The High Speed Rail proponents say federal law, alone, doesn’t provide the tools that will help them to build their rail.
In Texas, The Senate Committee on Transportation approved SB 1601 which would deny eminent domain for high speed rail in Texas.
In Minnesota, all railroads may have their eminent domain authority revoked or curtailed by local government approval of projects. Opponents to a rail plan cite problems for emergency responders, increased train traffic, and lower property values in their desir…
HB 4175 grants new statutory eminent doamin authority to 29 special purpose districts in and around the Houston area.
On Monday the US Supreme Court heard a Texas case about confederate flag license plates, because fans of the Dukes of Hazards are moving to Texas in droves.
I haven’t seen any Klingon license plates in Austin- yet, but the Trekkie community is deeply divided and have retained counsel.
Seems weird to argue about license plates at the US Supreme Court, but in 1977 the US Supreme Court set forth the idea that a license plate is free speech on private property. The case was Woo…
HB 1863 by Rep. Paddie woud allow businesses to ask TXDOT for permission to trim or remove trees or vegetation:
Scenic Texas opposes the bill. Outdoor Advertising Association of Texas supports the bill.
This week Denbury filed to seek a rehearing over the appellate ruling that it is not a common carrier. It’s going to pop up via amendment between now and June 1st.
Why will this head to the Legislature? Because Denbury alleges that the current legal precendent, the appellate ruling, will have wide spread ramifications.
This common carrier fight has spanned 7 years. This complex legal tale includes:
More than 7 years ago Jefferson County landowners James …
Representative Isaac says removing eminent domain authority from a water district is the “saving grace.” he goes on to talk about the abuses of eminent domain authority by special districts. Texas Tribune
There are 100s, if not 1000s, of special districts in Texas. Texas Legislative Council has tracks and organizes these grants of eminent domain authority. The 2012 list of special di…
This week, Sen. Kolkhorst’s SB 474 , received a hearing in Senate State Affairs. To commemorate the occasion, TPPF released a paper supporting her bill.
TPPF offers 4 Key Points on why reimbursing property owners for fees and costs of eminent domain litigation is good public policy: