Mineral rights owners would be granted clear statutory authority to file suit against local governments when regulations limit use of their property under SB 809 by Van Taylor.
SB 809 carves out reasonable regulations that address:
- visual aesthetics
- noise abatement
- or hours of operation
Posted in2015 legislation, inverse condemnation, land use, private property rights
An earnest supporter of property rights, Representative Will Metcalf filed HB 1889 that requires municipal or county approval before construction of the railway. Representative Metcalf is strongly opposed to taking private lands for private enterprise. Metcalf’s opposition to high speed rail is noted at … Restricting the use of eminent domain is en vogue. Idaho’s Senate passed a bill to stop cities from using eminent domain to build hiking trails, bike trails, and greenways. Idahoans love their green space. The state is almost entirely greenspace. Idahoans don’t love eminent domain. The bills author said this of eminent domain: “eminent domain gives cities too much power.” Texas looks to also stop cities from using eminent domain for trails and green space.
Posted in2015 legislation, land use, legislation trend, private property rights
Colorado & Texas are both proposing bills that would prohibit eminent domain for open space land. Woody Guthrie wasn’t being literal when he wrote, “This land is my land, this land is your land.” In Colorado, the bill would prohibit a county from acquiring land for open space via eminent domain. It stems from mining property that a county acquired with eminent domain after some permitting issues. The acquisition of the land was at 4 times appraised value. The odds of fair come… Fracking & private property rights. Eminent domain is triggered at many levels in fracking. It can br triggered by the pipeline moving the oil to refining. It can be triggered when new roads are needed. It could be inverse condemnation when a regulation, like a fracking ban, limits how people can use their land. Senator Konnie Burton says cities should not be able to infringe on private property rights. Her
Posted in2015 legislation, legal trend, legislation trend, pipelines/common carriers, private company, private property rights
HB 1220 by Laubenberg establishes private property rights for a person’s DNA and RNA. Without informed consent, DNA and RNA cannot be: If DNA and RNA is collected, tested, or retained without informed consent, the Attorney General may seek injunctive relief and a civil penalty that is tied to profits. HB 1220 When eminent domain negotiations fail, the parties move to court. But, what happens when a court sides with a landowner and awards substantially more for their property? If SB 474 passes, a land owner that prevails with an award that is 10% higher than the last negotiated offer can have their attorney fees paid by the condeming entity. It’s loser pay for eminent domain and applies to… One eminent domain bill is becoming a media darling: HB 565 by Burkett. The bill revokes eminent domain authority from a private toll company. Here’s why Burkett says it is important:
Posted in2015 legislation, activism, fairness, infrastructure building, pipelines/common carriers, private company, private property rights
SJR 9 by Van Taylor would move the ball toward legislative approval of rule making. Sound far fetched? It’s not. Other states are doing it: The toll road by a private corporation all but dead, this bill is hailed as the final nail in the coffin. The Texas Turnpike Corporation is the only private toll road authority in the state, having authority through a grandfather provision. Texas Tribune Previously On Information Intelligence: The Bill Filing In 2014, a private tollroad corporation proposed new toll roa…Bill Filing: No Taking Private Land for Private Enterprise.
Lege Trend Arrives to TX: Blocking Cities Use of Eminent Domain
Eminent Domain for Open Space? Not so fast Woody Guthrie.
Private Property Rights >The Fracking Bans. Do Property Rights Trump All?
Bill Filing: DNA Gets Private Property Rights & Civil Penalties.
New Bill Filing: Attorney Fees Imposed Against Losing Condeming Entities
Most Popular Texas Eminent Domain Bill
Put This Bill On Your Radar: Legislative Approval of Rule Making
Update: HB 565 Revoking Eminent Domain Authority