Category Archives: activism

Feds to Answer whether High Speed Rail must follow Texas Eminent Domain Laws?

The Ellis County Press published an Op-Ed from Texans Against High Speed Rail.

What points does Texans Against High Speed Rail make in its Op-Ed?

  • Texas Central Rail doesn’t have its funding in place
  • Texas Central Rail has no problems using eminent domain to take land it doesn’t need
  • Texas Central Rail is asking the federal government whether it has to comply with Texas eminent domain laws

Ellis County Press | TCR proposes to acquire land it ultimately won’t use to satisfy investors

3 Property Owner Points. Waller County. High Speed Rail. Pre condemnation Access.

Will eminent domain be used by Texas Centeral Rail to build its Dallas-Houston high speed rail?  Only if deals cannot be reached

How did property owners in Waller County react?

  • Waller County Judge Trey Duhon: “This is a huge eminent domain issue. Texas is a huge private property right state.” 
  • A property owner turned away a precondemnation surveyor on his property & mentions their have target practice on their property
  • Reports are that deals will never come.

High Speed Rail is…

Private Property Rights in Cable Boxes.

Who is making an argument about private property rights in cable boxes? Grover Norquist 7 Americans for Tax Reform

What sparked the private property rights argument? A rule change by the FCC which Norquist says would allow 3rd party to change and access content on cable boxes

What’s the issue really? Whether programming apps, like netlfix, Hulu, etc…, must be accessible by cable boxes.

What’s the argument by Norquist really? Cable companies have property rights in their cable boxes,…

Legal Trend at SCOTUS: Regulatory Takings. 3 Key Informed Intel.

What case before the U.S. Supreme Court is about regulatory takings? Murr v. Wisconsin, No. 15-214

What happened to the property owner to spark this lawsuit?

  • Property owners owned 2 adjacent, but separate, 1 acre lots
  • A County Ordinance prohibits the sale or development of adjacent lots, if 1 lot is less than an acre
  • The Property Owners said it prevented them from enjoying and using their land, and prohibited the sale of 1 of the acres
  • The Court said, we have to consider both lots as…

INTERIM. Asset Forfeiture Bill from the Golden State.

Americans for Tax Reform & the ACLU Support California’s SB 443 that protects against abuses of the asset forfeiture system.

What protection is California adding before property can be taken via civil asset forefeiture?

  • Requires a conviction before before local agencies can collect any proceeds from federal equitable sharing funds.
     

Americans for Tax Reform | Americans for Tax Reform Endorses California’s Property Rights Bill
10th Amendment Center | End the Status Quo on Asset…

4 Points from CPAC Eminent Domain Poll. 91% say Eminent Domain is a No-No with few exceptions.

What does the right think about eminent domain?

  • 75% say eminent domain should be NARROWLY used
  • 16% say eminent domain should NEVER be used
  • Of the 75%, they say eminent domain should be limited to only public use projects like schools, dams, highways and police stations
  • 36% say its a total dealbreaker for a candidate to support eminent domain that transfers private property to a private entity

Conservative.org | CPAC Straw Poll 

Center for Immigration Studies | CPAC Straw Poll: 52%…

INTERIM. SHARING ECONOMY. Property Ownership Fairness Act. 4 Things to Know Before the Activists Arrive.

The Goldwater Institute & CATO  are pushing the Property Ownership Fairness Act that:

  • “requires government to pay you when regulations take away your right to use your property and reduce the value of your property.”
  • allows for regulation and the use of eminent domain but there has to be notice, so if the government changes the rules of the game, then the property owner should be compensated
  • it’s modeled after Arizona’s 

What does this Act apply to? Short Term Rental ordinances….

Lege Trend: No Eminent Domain without 80% Land Owner Consent. 3 Point Legislation from Red State.

South Dakota legislature is considering SB 145 which would:

  • Require any UTILITY before it receives eminent domain approval BEFORE PERMITTING
  • To obtian consensus from 80% of the affected land owners
  • Applies only to PRIVATE entities

Dakota Free Press | SB 145: Legislature to Consider DFP 80% Agreement for Eminent Domain

3 Take Aways from Eminent Domain Experts Opposing Sweeping Constitutional Changes for Eminent Domain. Be Informed.

  • Private Entities are the Target of Eminent Domain Reform. The concerns about eminent domain are generally not about the government snapping up pieces of property, it is private entities snapping up property using eminent domain as a tool
  • Public Use Needs to be Reformed.Re-defining public use does not require sweeping constitutional reform
  • Look to Justice Thomas Dissent in Kelo for answers. Just like Clarence Thomas says, when the Supreme Court analyzes whether a search warrant can get…