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Land ownership is to Texans like blue is to the sky. Tarrant Regional Water District (TRWD) needs to move water around to meet supply demands. The project is expected to cost $2.3 Billion in tax revenues.
Two big flags in this fact pattern:
The land TRWD needs is owned by private citizens who want to…
Highland Park ISD wants to buy land for a parking lot. They tried to buy it, but offered less than the June purchase price. The land’s owner is a developer who wants to put in town homes on the West Lovers Lane property.
This Monday Highland Park ISD Trustees approved using eminent domain, if necessary. Unless an agreement is reached, look for a lengthy legal process. [
Posted inappraisals, compensation, land use, private property rights, school
D.C. needs a stadium home for D.C. United. Its futbol, or what the world, except for the U.S., calls football. D.C. has a property swap in mind, but hesitancy in D.C. leadership leads to speculation of eminent domain. Speculators surmise that eminent domain would be more costly (lots of lawyers) and would take more time than to purchase or swap land to build a stadium. [Soccer America
UT Regants had put Players on the eminent domain chopping block in 2004. Players was saved from eminent domain and UT ultimately paid fair market value for the property. The Austin Chronicle details the eminent domain challenges Players faced. [Austin Chronicle] Americans love their baseball. Hartford, CT loves baseball and wants to build a new minor league stadium. The city knows where they want the new stadium, but the people who own that land disagree. The city and landowners couldn’t reach an agreement to sell the land to the city. Naturally, the city is opting for eminent domain. The city proposes to take 14 pieces of private property for a total of $1.98 million. The city will then turn the land over to a developer for a $350… Claremont asked voters to approve the City condemnation of the water utility. This marks the second local government in recent months to utilize eminent domain to acquire a privately owned utility. [Inland Valley Daily Bulletin] Refreshing our Recollection: Earlier Missoula, MT has begun condemnation process for its p… 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… On Halloween, the Texas Supreme Court set December 1st as the deadline for response to the Petition for Mandamus in Eagle Ford Land Partners. Eagle Ford Land has a judgment for $1.6Million from a pipeline company that is not satisfied. Eagle Ford is asking the Texas Supreme Court to enforcement to judgement. Property Rights advocates from the Farm Bureau to the WildLife Association to TPPF have lined up in support of Eagle Ford Rice Partners. [
Posted incompensation, pipelines/common carriers, private company, private property rights
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… Resfreshing our recollection, two professor types published a paper for Mercatus Center at George Mason University. Their conclusions did not favor eminent domain and has become an anthem for property rights advocates. The Editorial Board at The Oklahoman took an economic spin from the research, and write about optimistic economic development projections, that often fail to take into account opportunity costs. The Editorial Board pushes for more protections for property owners. <...Stadium Building: With or Without Eminent Domain
Memory Lane: Eminent Domain, UT and Players
Baseball is an American Pastime. Baseball Fields Require Acres of Land.
Claremont to Use Eminent Domain to Condemn Water Utility
Texas Supreme Court to Decide if Denial of a Water Permit is a Compensable Taking of Private Property
Eagle Ford Land Partners Outstanding $1.6M Award from a Pipeline
Eminent Domain 101
The Oklahoman Editorial Board: Eminent Domain Should Be Narrowly Tailored