Category Archives: attorney general

Lege TREND + Legal TREND. Gov. Sues Attorney General over AG Opinion on Conservation Easements.

Where: Montana

What did this Attorney General Opinion say that prompted  a lawsuit by the Governor?

  • state land board is required to vote on all but the smallest conservation easements that state agencies proposed

Why is this a big deal?

  • Impacts a state program supporting Hunting & Fishing
  • Impacts private property rights by limiting use of ranch land

Missoula Current | Bullock sues AG Fox over approval authority for conservation easements

Legal Trend: Texas Local Government Can Be Sued for Taking without Compensation

Court: Judge Caroline E. Baker, state district court judge in Harris County

What happened to get us into a court room?   a Houston photographer’s claimed that UofH used his photogrpah of Houston in its materials without permission

What did Uof H argue to stay out of court? soveriegn immunity, represented by the Texas Attorney General’s Office

the court say?  that the university cannot claim soveriegn immunity for the taking

San Antonio Express News | UH can be sued for using photo, judge…

Property Rights TREND. TX Attorney General Opinion. Civil Asset Forfeiture Funds. 3 Facts. No Fluff. Be informed.

In KP-0200 (2018 | TX) the Texas Attorney General answered this question:

whether an attorney representing the State may use civil asset forfeiture funds accrued under article 59.06(c)(l) of the Texas Code of Criminal Procedure to insure real property forfeited to the State

Can civil asset forfeiture funds be used for insurance for the forfeited property? Probably yes

Why is this use of forfeiture funds permitted when it isn’t on the statutory list of uses? 

  • TEX. CODE CRIM. PROC. art.…

2 Ways a Texas City Annexation Plan is Not Lawful. So Says Texas Attorney General

Texas Attorney General Ken Paxton lays out 2 ways McKinney’s proposed annexation plan isn’t lawful:

  • the annexation notice violates the Texas Local Government Code and the Open Meetings Act
  • the notice for the Aug. 28 mcKinney City Council meeting violates the Texas Local Government Code and the Open Meetings Act

How the notices violate the Open Meetings Act and Local Government Code:

  • do not provide a description of the property the city plans to annex
  • the council’s agenda item was…

3 Reasons TPPF Supports Tree Ordinance Bills: (1) Abba (2) Espresso (3) Lunch.

TPPF position is that tree ordinances are:

  • Money, Money, Money. Condemnations that require just compensation (see the A.G. Opinion) & they impact the investment and economic opportunities of land owners.
  • Espresso sipping elitism. the arguments cities made to the A.G. when he reviewed the matter were supported by an east coast liberal law professor
  • Free Lunch. Can’t let cities get away with getting trees for free. Tree ordinances allow cities to get conservation easements for free. 

TPPF…

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…