Welcome to the Future!
What project? A coastal barrier project that will be a 71-mile long system of gates and levees
Where? Along the Texas Gulf Coast
How does eminent domain come into play? Businesses and residences on Bolivar Peninsula and Galveston Island could be impacted
Who would exercise eminent domain? Texas General Land Office
What do I need to know about TX GLO, eminent domain and the coastal barrier?
Florida’s SB10 (2017 |FL) did 2 things:
This week, the results are clear, the reservoir is on target a pace faster than anticipated and no eminent domain is being used.
Local government: In 2012, Scott Township, in eastern Pennsylvania, required land owners to provide public access to grave sites, if the township determined there may be a gravesite
How precondemnation access came into play: Officials toured the property, identified some loose stones that may mark a gravesite, and required public access.
What happens under this ordinance if property owners do not grant access to grave sites? Fines.
Why does this matter? The US Supreme Court hears the case of…
WHO: The libertarian Niskanen Center
WHAT: Libertarians, supporting landowners over a FERC permitted pipeline in a dispute over pre-condemnation access, offer these 2 reasons for siding with Landowners over economics:
The House passed a bipartisan HR 189 (115th Congress) that denies federal funds if a state or political subdivision uses eminent domain for economic development purposes.
The U.S. Supreme Court has agreed to hear Knick v. Township of Scott which could overturn its ruling Williamson County Regional Planning Commission v. Hamilton Bank.
Why does this matter to state legislatures? As ABBA sings—-m oney, money, money. Compensation standards and awards differ.
Besides money, why should state and local officials care? Because vocal private property rights activists also want Williamson County overturned.
In an op-ed focusing on the willfull flooding of homes by the Army Corps of Engineers, Texas Seantor Joan Huffman makes these points about just compensation:
Houston Chronicle | Huffman: Homeowners deserve ‘just compensation’
State: California
Mining Method banned by state law for mining on federal lands: suction dredge mining
The property right interest: mining claim
What can state laws do in this case? State laws can supplement federal laws but cannot friustrate federal laws
Is this getting addressed by policy?regulations? statutes? courts? The US Supreme Court will consider whether to hear the case.
Pacific Legal Foundation | Briefing complete on cert. petition in Rinehart v. California
Valley Central | Border wall plans spur effort to help Texas landowners with eminent domain
Let’s get the big issue disposed with first- did Texas file a brief supporting property owners? No. Negatory. Not happening.
So what interest does Nevada have? The case is very important to states federal lands where the feds often try to restrict the use of state-owned lands that abut federal land
Why does the federal control of land in Texas sound fmailiar? Yes, because Texas had that issue along the red river.
Elko Daily Free Press | Commentary: Why Nevada joined a Wisconsin property…