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Which side is singing praises of a court order? Opponents to high speed rail
What is the court order? A district court order states that two companies, concerning high speed rail, “are not a railroad or interurban electric company.” The order applies to 3 counties.
Why does this matter? The power to condemn property with eminent domain is derived from the status as a railroad.
Why does the power of eminent domain matter? In addition to land aquisition, it also allows the company onto land to…
In Texas transmission lines present a proposal to the Texas Public Utility Commission and pubic hearings occur.
In contrast, in Texas common carrier pipelines do not have similar requirements.
Texas and Southwestern Cattle Raisers Association are calling for greater transparency in eminent domain.
Morning Ag Clips | Public meetings on eminent domain a good start
“eminent domain destroys pro-life values—the right to property”
Texas Institute for Property RIghts | Eminent Domain versus Innovation Policy Brief
The 2 umbrella assocaitions in the bruhaha:
The 5th Amendment to the US Constitution trumps any emergency declaration.
For the math nerds: Private Property Protection > Emergency Declrations.
“Similarly, lawyers should be screaming, “The United States government does not have the capability of taking private lands on this scale because of limitations imposed by the Fifth Amendment.”’
Above the Law | Can All Lawyers Just Admit The Wall Will Never Be Built Because Of The Fifth Amendment?
The land at issue: On the border with Mexico is owned by the Catholic Church
Where are we in the process? The Bishop denied access to the land for surveying.
The court case: federal district court in McAllen. The church is currently receiving legal assistance from Georgetown University Law School.
The issue: Does the church’s religious convictions trump any taking for a public purpose.
KVEO | Major Law School Helps Church Caufht in Border Wall’s Path
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?
The Monitor | EDITORIAL: Holy war: Government should reconsider planned…
Voters approved the constitutional change in North Carolina to add a right to hunt and fish to the state constitution.
Enabling legislation: SB 677 (2018 | NC)
Article I of the North Carolina Constitution will be amended by adding: “Sec. 38. Right to hunt, fish, and harvest wildlife.The right of the people to hunt, fish, and harvest wildlife is a valued part of the State’s heritage and shall be forever preserved for the public good. The people have a right, including the right to use…
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?