3 Points to Know. Eminent Domain v. Freedom of Religion

What is the Catholic Church on the Texas border, which will have a chapel in the border wall enforcement zone, saying about the use of eminent domains in its legal briefs?

  • Tantamount to requiring the church to participate in the building of a wall
  • the wall  is fundamentally inconsistent with Catholic ideology
  • Places an unjust burden on the freedom of religion

The Georgetown Voice | Georgetown Law Backs Catholic Diocese In Border Wall Proceedings

 

Eminent Domain. Church Land. Texas Court Case. Pre-condemnation Access.

The land at issue: On the border with Mexico is owned by the Catholic Church

Where are we in the process? The Bishop denied access to the land for surveying.

The court case: federal district court in McAllen. The church is currently receiving legal assistance from Georgetown University Law School.

The issue: Does the church’s religious convictions trump any taking for a public purpose.

KVEO | Major Law School Helps Church Caufht in Border Wall’s Path

3 Eminent Domain Cost Drivers for Texas border wall

  • The route does not follow the river, is a straight line and makes 1000s of acres unusable
  • Unwilling Landowner Litigation the route makes it necessary to take more land from 100s of unwilling landowners
  • Religious land taking a historic Catholic mission will set up a lengthy legal fight over the 1st amendment freedom religion rights of the church vs. the government’s 5th amendment aility to use the power of eminent domain

The Monitor | EDITORIAL: Holy war: Government should reconsider planned…

Legal TREND. Border Wall. Taking Land from the Diocese.

What? On October 25, 2018 teh federal government notified the Diocese of the taking of 2 properties

Which properties are impacted? La Lomita Chapel & property south of the Juan Diego Academy in Mission

the public purpose?

  • conduct surveying
  • testing
  • investigatory work for proposed construction of roads, fencing, vehicle barriers, security lighting, cameras, sensors and related structures to secure the border

compensation to the Diocese?  initial estimate for reimbursement at $100

What’s the…

Legal TREND. Churches. Property Rights. Eminent Domain.

Virginia courts will be taking up a 1st amendment freedom of religion vs. a 5th amendment eminent domain case.

Numerous eminent domain cases against religious institutions are swirling in various state courts setting up a US Supreme Court issue.

What’s happening in VA? First Baptist Norfolk wants to blovk Virginia Department of Transportation use of eminent domain for property they value at $11.8 million.

10Wavy | Norfolk Church goes to court in eminent domain case with VDOT

 

 

 

 

Constitutional Showdown. Court to decide whether eminent domain or freedom of religion trumps

A group of nuns in Pennsylvania own land that the Atlantic Sunrise Pipeline would like to occupy.

The nuns have taken the unusual step of suing the federal government claiming that the interstate natural gas pipeline violates their rights under the Religious Freedom Restoration Act.

Its a show down between the 5th Amendment (private property rights home) and the 1st amendment (protection of freedom of religious exercise).

 

Judge Awards Atlantic Sunrise Pipeline Builder Rights to Seize Last…

To fight eminent domain nuns build chapel in the middle of the pipeline path. Freedom of religion v. eminent domain.

Nuns gone wild. Nuns in Pennsylvania own a corn field that sits in the path of a pipeline. Nuns oppose the pipeline’s path through their property, and to combat it the nuns built a chapel.

The nuns, the Adorers of the Blood of Christ, believe that the earth is sacred.

Sets up a fight between the 1st amendmnt freedom of religion argument the nuns espouse and the 5th amendment takings provisions that permits eminent domain.The legal grudgematch begins July 17, 2017.

Upworthy | These nuns built…

1st Amendment Protections in Eminent Domain. Case Study on Religion Owned Land.

Where: West Virginia

The eminent domain project: A gas pipeline

The religion owned land: Hare Krishna community

The 1st amendment argument: “infringement on its freedom of religion rights and “seeks to take a non-metaphorical bulldozer through the Vrindaban Parties’ property, and in turn, through their most sincerely held holy sites.”

The property to be taken:  50-foot-wide right of way about 3,000 feet long

The Offer: $7,000

Stay Tuned.

Power Source | Gas pipeline raises freedom of…

Private Property Rights Bills. Via Rep. Schofield.

  • HOAs and religious displays.
    • Schofield seeks to remove restrictions related to materials & location that Hoas relied on to remove religious displays
    • Schofield may seek to address the timeline of removal as it relates to an incident in Katy
  • Eminent Domain. Schofield’s House Bill 528 
    • Property Owners can buy back unused property that was taken by eminent domain for the original price
    • Schofield’s bill narrows what constitutes actual progress that triggers a buy back…