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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…
Odds are high every member of the Texas Legislature will receive a copy of this George Mason University Mercatus Center Paper, “Takings and Tax Revenue: Fiscal Impacts of Eminent Domain.”
This academic paper details the use of eminent domain and resulting impact to government. [Synopsis of the Eminent Domain Paper for 2015]
Posted incompensation, economic development, legal trend, legislation trend, private property rights
The meat of this article is that private proeprty rights are the foundation for the market economy. The authors then work their way through the landmark 2005 Kelo case and note that Kelo’s property was never used for the economic development purpose for which it was taken. But rather, Kelo’s property was used for refuse from 2011 hurricane Irene. RealClearPolicy also highlights the 2014 Economic Freedom of the World Report that the U.S. fell to 36th for its legal system and privat… Briefing is underway for a controversial groundwater case before the Texas Supreme Court. A pecan farmer was denied permits to water his pecan trees by the Edwards Aquifer. The pecan farmer argues the denial of the permit was a taking of his property. For all you land use lawyers, yes, the land owner is claiming an inverse condemnation. [Bragg v. Edwards Aquifer Authority] Refreshing Recollection: There’s another in… Obtaining eminent domain compensation for the loss of business goodwill is tricky. Just ask the business owners along 183 in Austin. When 183 was raised to above street level, businesses lost foot traffic. These businesses claimed a loss of goodwill, but the Texas Supreme Court disagreed. In California, businesses can obtain compensation for a loss of business goodwill, not all businesses owners are as lucky.
Posted incompensation, legal trend, legislation trend, private property rights
The former mayor of Dish, Texas, tells us eminent domain Reform #1 is no more eminent domain for private companies. Texas private property rights are ranked very low nationally. Texas should look to Florida, where real eminent domain reforms have been enacted. Condemning entities pay legal bills whenever a land owner challenges eminent domain. In 2012 the Commonwealth amended its constitution to allow a landowner to petition for up to 3 years worth of profits from a project that used eminent domain. Imagine the revenue impact for profit sharing on electric transmission or oil and gas pipelines in Texas. [The National Law Revie… The Chair of the American Bar Association Section on Eminent Domain says, “Yes.” State courts have been wrangling with just compensation for years. In Texas, court decisions have increased compensation to land owners by millions. But, the US Supreme Court has been silent on just compensation. In 2005, the US Supreme Court’s Kelo provided guidance on why land could be taken, but didn’t touch on how much land owners should be compensated. It’s the next big issue. Look for vocal land owners … An Appeals Court in San Diego valued a property at $8,000,000, up from $700,000. For the math wizards, that’s more than a ten fold increase in value plus excellent lawyering. The source of the increased value? Open pit mining was found to be the highest and best use of the property. [San Diego Gas & Electric v. Schmidt]RealClearPolicy Asks: Does Eminent Domain Raise Revenue?
TX Supremes Say Hello to Inverse Condemnation
Compensation: Business Goodwill
Be Kind; Rewind: Ft. Worth Star Telegram Runs- It’s Time for Real Eminent Domain Reform
Profit Sharing in Eminent Domain
Boll Weevils Eradicate Rail Yard, not Cotton Farms
Cotton farmers in Mumford want to unleash their enemy, the boll weevil, on a neighboring rail yard. In reality, the cotton farmers want to stop a Rail Yard from acquiring their farm land by eminent domain. Farmers are concerned about the harm of industrialization on the farming industry and the environment. [Texas Tribune]
Posted incompensation, infrastructure building, private property rights, railways
Just Compensation for Eminent Domain to be heard by the US Supreme Court?
How to increase property value by a factor of 10? Untapped mineral interests.