TX High Speed Rail Gets Influx of Funding. Opposition Grows Stronger. 2 Opposition Goals.

Rural opposition to high speed rail in Texas has a champion in the organization, Texans Against High Speed Rail. 

Opponents to High Speed Rail wants 2 wishes granted:

  • Greater Transparency in the process
  • No use of eminent domain, rural landwoners do not want to sell for “any price”
    • In 2015 Senator Kolkhorst authored SB 1601 to prohibit eminent domain for high speed rail

Dallas Morning News  Houston Press

State Agriculture Department Arms Farmers to Defend Against Eminent Domain from Pipelines & Transmission Lines.

New Jersey has the State Farmland Preservation Project. Farms that are active in the project are armed with information including:

  • that there is no eminent domain authority for electric utility and intrastate natural gas pipeline projects.
    • A “utility company cannot cross a preserved farm. “
  • public use projects that do qualify for eminent domain authority have to follow very specific compensation guidelines and that the project can approve or deny negotiations with a landowner.

NJ…

Win for Raisins is a Win for Property Rights

Just Compensation for Raisins. Raisins Stand United. California rainsins grew up to be activists that won.

The US Supreme Court ruled in support of raisin producers this week by striking down a New Deal Era provision that allowed the FDA to take a certain portion of raisin crops to control raisin prices. 

The FDA exercised this taking in 2002-2003; opening the U.S. market up to foreign raisins.

Do you know where your raisins come from? The Supreme Court favors them coming from the US….

5 Concerns about Texas Central Railway From the Cattle Raisers

The Texas Central Railway survived the – no eminent doamin for you- chopping block. An attempt had been made in House Bill 1 to remove the railway’s ability to qualify for eminent domain. Ft. Worth Star Telegram

The President of the Texas and Southwestern Cattle Raisers Association explains 5 reasons they oppose the Railway:

  • Primarily funded by Japenese sources with uncertain long-term fi…

How are Interests in Other States Battling Private Property Rights Groups?

Its harder and harder to build insfrastructure in Texas. Tollroads, high speed rails, pipelines are greeted by protestors, private property rights activists, and lawsuits. 

The Midwest has responded with the Midwest Alliance for Insfrstructure Now. It is a coalition of:

  • “agriculture, business, and labor sectors aimed at supporting the economic development and energy security benefits associated with infrastructure projects…

Impact of Pipelines & Power Lines to Ranch Lands

Texans love their private property rights. It’s a toss up who loves Texas private property rights more: Libertarians? Republicans? Ranchers? Cattlemen?Farmers ?Wild Life enthusiasts?

This month’s issue of The Cattleman looks at easements for pipelines and power lines. They run through pros and cons, and here they are:

Pros of Pipelines and Power Lines Running Through Pastures:

  • “don’…

Texas Supreme Court to Decide if Denial of a Water Permit is a Compensable Taking of Private Property

Bragg v. Edwards Aquifer is a story about a pecan farmer who wanted to water his pecan orchards. His request for water was denied. He went to court.

The trial court and the appellate court agreed with the pecan farmer- the denial of the water permit was a taking of his private property rights and he deserved compensation.  

We’re now at the Texas Supreme Court. The landowner has won twice. The response brief is due December 22nd. Time will tell whether denying a water permi…

Eminent Domain 101

Want to know what agricultural interests think about eminent domain? This article in the Progressive Cattleman outlines it. It walks you through these crucuial questions:

Q: When can land be taken with eminent domain?

A: When there is a public use.

Q: How is a landowner compensated?

A: Depends on how the land is taken, but if its a portion of the land, the land owner is generally compensated justly and adequately for the land taken and the impact on the rema…

TPPF: Amicus Letter in Eminent Domain Case

TPPF, an ardent supporter of private property rights, submitted a letter brief in support of the property owner, Eagle Ford Land Partners.

Here’s the big picture: A natural gas pipeline wanted land to build a pipe. The pipeline company and land owner weren’t able to reach an agreement. The eminent domain case went to a trial court. At trial, the jury awarded Eagle Ford $1.6Million. The pipeline never paid the award of adeqaute compensation. As a result, land rights groups filed ami…