Category Archives: 2019 legislative issue

3 Points to Know. Eminent Domain v. Freedom of Religion

What is the Catholic Church on the Texas border, which will have a chapel in the border wall enforcement zone, saying about the use of eminent domains in its legal briefs?

  • Tantamount to requiring the church to participate in the building of a wall
  • the wall  is fundamentally inconsistent with Catholic ideology
  • Places an unjust burden on the freedom of religion

The Georgetown Voice | Georgetown Law Backs Catholic Diocese In Border Wall Proceedings

 

Lege Trend. Texas Eminent Domain Bills. 5 Points from the Authors

Senate Bill 421 (TX | 2019) and House Bill 991 (TX | 2019) authored by Senator Kolkhorst and Representative Burns would, according to the authors:

  • penalize companies for intentionally low-balling landowners during negotiation
  • put landowners “on an even footing,
  •  more transparent, fair and accountable eminent domain process.”
  • costs won’t climb because eminent domain cases will become less heated, so companies will be able to acquire land more quickly and spend less on legal fees.
  • the…

Lege Trend. From the East. Compensating for Appraisal Costs +More

Virigina Senate passed SB 2403 (VA | 2019) that would allow for an award of just compensation plus costs in eminent domain proceedings.

What is the bill author saying?

  • “The pipeline companies should not get preferential treatment under our condemnation laws,”
  • “level the playing playing field”
  • This helps ” the landowner, the small business, or the farmer if a pipeline comes across their land.”

Virginia Mercury | Bill meant to level the playing field for pipeline takings passes Senate

Legal TREND. A new Kelo? Introduce yourself, Knick…

 Knick v. Township of Scott, Penn.  argued before the US Supremes this week is eminent domain and tort reform all in one.

The question is- do property owners have to exhaust all state courts for remedies before they being a case in federal court.

If the answer by the Supremes is No, then say adieu to Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City. This is the case you hear about in evry legislative debate about eminent domain.

Why would Williamson County be…

2019 Texas Legislature Eminent Domain Playing Field. Who is Where & What are all these Associations?

The 2 umbrella assocaitions in the bruhaha:

  • Texans for Property Rights “dedicated to protecting property rights”
    • Texas Farm Bureau
    • Texas Assoc. of Realtors
    • Texas Wildlife Association
    • Texas & Southwestern Cattle Raisers Assoc.
    • TWITTER  (October 2016)
  • Coalition for Critical Infrastructure ” help maintain Texas’ positive business climate and quality of life by addressing our growing need for roads and highways; oil, natural gas and water pipelines; electric transmission and…

Lege TREND. Quick Takes. Eminent Domain Just Compensation ACT.

Justin Amash (R-MI) filed the Eminent Domain Just Compensation ACT to prevent federal taking of land before final fair market value has been finalized.

So what would this impact?

  • potentially the amount of compensation for fair value determinations
  • when the land can be taken by the government
    • currently the land can be taken before a final determination of compensation
    • this bill requires a final determinationof compensation before the government can take possession (and presumably use) of…