Category Archives: 2019 legislative issue

Eminent Domain and Coastal Barriers. WHAT. WHERE.

What project? A coastal barrier project that will be a 71-mile long system of gates and levees 

Where? Along the Texas Gulf Coast

How does eminent domain come into play? Businesses and residences on Bolivar Peninsula and Galveston Island could be impacted

Who would exercise eminent domain? Texas General Land Office

What do I need to know about TX GLO, eminent domain and the coastal barrier?

  • eminent domain will e a last resort
  • intent is to ” identify an alignment that minimizes and…

Lege TREND: Private Entities Get Regulatory Approval Before Using Eminent Domain?

This is the question at the heart of a lawsuit in Louisiana.

What does state law look like for eminent domain? To use eminent domain, an entity must receive permission from a regulatory agency.

Is this the middle ground between no eminent domain for private entities and no checks on the use of eminent domain by private entities?

Louisiana Record | Eminent domain laws at heart of suit challenging Bayou Bridge Pipeline, law professor says 

3 Eminent Domain Cost Drivers for Texas border wall

  • The route does not follow the river, is a straight line and makes 1000s of acres unusable
  • Unwilling Landowner Litigation the route makes it necessary to take more land from 100s of unwilling landowners
  • Religious land taking a historic Catholic mission will set up a lengthy legal fight over the 1st amendment freedom religion rights of the church vs. the government’s 5th amendment aility to use the power of eminent domain

The Monitor | EDITORIAL: Holy war: Government should reconsider planned…

3 Reasons to Reign in Eminent Domain. Editorial from the Black-eyed Susan Flower State

The Baltimore Sun Editorial, Transource fight continues [Editorial], raises these 3 issues with eminent domain:

  • Balance economic interests in eminent domain by comparing whether there are “sufficient economic benefits to justify the..cost and the disruption to the communities”
  • Legislation should re-direct to non-eminent domain alternatives. Maryland is considering requiring that power projects look to existing infrastructure first. 
  • Public Necessity.   need a better balance between property…

Legal TREND. US Supreme Court. Endangered Species. Property Rights Win.

A US Supreme Court decision this month in Weyerhaeuser vs. the US Fish and Wildlife Service held that:

  • if a regulation declares a protected species
  • to protect the land, it also has to be shown that the land is a habitat for that species

CBN News | US Supreme Court Upholds Landowners Property Rights Against Gov’t Overreach 

Texas Attorney General Opinion. Property Rights + RVs.

What question is the Texas Attorney General Opinion? Are guests at recreational vehicle parks are licensees or tenants for eviction purposes?

Why does this matter?  A tenant has exclusive possession & control of the premises with legal recourse; a licensee does not

RV guests, are they tenants or licensees?

Legislative Fix? Re-define “recreational…

Legal TREND. Private Companies. Does Using Eminent Domain Subject you to State Open Records Laws?

Louisianna Courts are tackling whether a pipeline, that utilized eminent domain, subejcts its to open records laws.

The lower court said, no open records laws do not apply.

Next up: Appellate Courts. 

How is this moving through the courts? Via The Center for Constitutional Rights

What information is The Center for Constitutional Rights looking for?

  • company communications about federal, state and local politicians
  • documents concerning opposition to the pipeline
  • records related to LSU…

Legal TREND. Litigating Texas Kelo Fix. 2 Potential Fixes Heading to a Legislature near you.

In KMS RETAIL ROWLETT v. the City of Rowlett, the Texas Supreme Court this fall heard arguments over whether a road easement in a commercial development project violated the Texas Legislture’s legislative repsonse to Kelo v. City of New London.

The trial court and appellate court agreed that the roadway easement falls into  a transportation exception on the prohibtion against eminent domain for economic development purposes in Texas Government Code Sec. 2206.001

What legislative fixes could…

Refreshing our Recollection | READ THE BILL | Compensation for Local Government Ordinances that Affect Property Value

 

 

 

Michigan Legislature is considering HB4070 (2017-2018 | MI) which addresses land owner compensation in 3 ways:

  • Attorney Fees and Costs when a court determines a taking occurred
  • State Attorney General creates a list of governmental actions that results in a taking occurring
  • Can apply to rules, permits, applications and other governmental actions

Mackinac Center | House Bill 4070, Revise government eminent domain takings: Passed 76 to 31 in the House on March 28, 2017

 

 

Refreshing our Recollection | READ THE BILL | Eminent Domain Compensation Bill in Texas

Ashby reiterates his support for his 2017 eminent domain compensation bill, HB 3687 (2017 | TX) that would:

  • strengthens bona fide offer
  • additional dislcosures of appraisal reports
  • additional detail disclosures for easements
  • hold harmless clause for the land owners
  • nongovernmental entities have to escrow or bond the trial court award for a landowner before appeal
  • an attorney fees trigger mechanism for nongovernmental entities
  • shifts property taxes to the condeming entity 

Lufkin Daily…