Category Archives: attorney general opinion

A.G. Opinion. Tree Ordinances are Likely a Taking. 2 Reasons Why.

KP-0155 sets forth the rational as to why tree ordinances are takings of private property. Here’s the 3 step argument:

  • If a tree ordinance denies “a property owner all economically beneficial or productive use of land;” it is a taking that requires compensation.
  • If a tree ordinances unreasonably intereferes with use and enjoyment of the property it can also be a taking that requires compensation. You get to this point by looking at 3 issues:
    • Is there significant economic impact to the…

INTERIM. Precondemnation Access. Eminent Domain. The Attorney General Opinion to Answer it All.

The Requestor: Chairman Byron Cook initiated RQ- 0113-KP about Texas Central Rail

The Questions asked of the Attorney General:Do the parties have eminent domain authority to condemn property for Texas High Speed Rail?

The Facts and Statutes key to whether Texas Central Rail has eminent domain power:

  • surveyors have been requesting pre-condemnation access to land to survey for the purpose ofplanning, building, maintaining and operating an electric rail road.
  • pre-condemnation access can…

Private Property Rights. License Plate Readers. Lesson from the Attorney General

How would a county in Texas be able to capture license plate information for the purpose of enforcing minimum libaility insurance statutes?

  • Pass a Bill
  • Give Counties specific authority to use certain equipment
  • Give counties specific purpose to use the equipment
  • Specify what the enforcement mechanism will be

How did we learn this step by step guide to county license plate reader use?  Because of Attorney General Opinion KP-0076 that answers  whether Bowie County can engage a private…

State Eminent Domain Power for Rail has 1 Congressman Calling for A.G. Paxton to Act. 5 Key Points.

  • Congressman Kevin Brady is encouraging legislators to seek an A.G. Opinion on high speed rail in Texas
  • What’s the issue that has Brady up in arms? Eminent Domain. Specifically state granted eminent domain powers.
  • Who recevived the letter from Congressman Brady? 
    • Charles Schwertner
    • Trent Ashby
    • John Otto
    •  Leighton Schubert
  • What is Congressman Brady’s concern? Whether the rail works for local communities, and he does not believe a rural train route works for local communities
  • its…

Lege trend: 2 Step Agency Approval for Pipeline Eminent Domain

The South Carolina Attorney General issued an opinion asserting that a pipeline probably does not have eminent domain authority which sent legislators into overdrive. 

The proposal floating around would require an oil and gas comapny to get approval from:

  • The head of the state Department of Health and Environmental Control
  • The head of the  Public Service Commission (its  7  members are elected by the Legislature)

Augusta Chronicle

AG Opinion from the Palmetto State: No eminent domain for oil & gas

In a long attorney general opinion, relying on case law from Nevada to Florida, the attorney general of South Carolina has issued an opinion that an oil and gas pipeline in all likelihood does not get the privilege of eminent domain.

The opinion discusses South Carolina Courts, and other courts, striking down eminent domain for private companies. 

Its a trend that has been sweeping the nation from courts to legislatures. Everyone is looking for a public use connected to the land that is…