Category Archives: land use

3 Steps to Use Eminent Domain to Bypass Restrictive Covenants

How does a condeming entity bypass a covenent that restricts railways on their property? 

  • Get your company designated as a common carrier by the TCEQ
  • If you’re a quarry in Texas and need to move rocks, have a relationship with a nearby rail
  • Have the railway use common carrier status to condemn land to “overcome restrictive covenants jointly entered by 43 property owners”

Tah, dah… Eminent domain by a private company in 3 steps thwarts restrictive covenants by land owners.

San Antonio…

Legal Trend: The US Supreme Court Refuses 2 Eminent Domain Cases. What does that mean?

California Building Industry Association v. City of San Jose

  • Keeps in place the California Supreme Court ruling that an affordable housing ordinance is not a taking of a developer’s proeprty
  • It applies to developments of 20 more more units and requires 15% to be affordable

Beacon Resources Inc. v. W. Virginia DOT

  • A fight over the value of mineral rights. The state wants coal land. The satte wanted to ensure lost profits were not included. The court refused.
  • The case has been remanded…

Rally to Oppose Texas City Taking Auto Shop Property Because Auto Shops Are Not Hip

Where’s this rally taking place? Dallas

Why a rally? An immigrant owned auto shop doesn’t fit a retroactively imposed zoning restriction 

So, what’s the Dallas plan for this part of town? Turn Ross Avenue into a gateway to the city’s art community

Surely the auto shop is being compensated for the retroactive land use limitations that will close his business? No, the auto shop position is that no compensation is being offered in the city’s amoritization process.

Institute for Justice…

State Eminent Domain Power for Rail has 1 Congressman Calling for A.G. Paxton to Act. 5 Key Points.

  • Congressman Kevin Brady is encouraging legislators to seek an A.G. Opinion on high speed rail in Texas
  • What’s the issue that has Brady up in arms? Eminent Domain. Specifically state granted eminent domain powers.
  • Who recevived the letter from Congressman Brady? 
    • Charles Schwertner
    • Trent Ashby
    • John Otto
    •  Leighton Schubert
  • What is Congressman Brady’s concern? Whether the rail works for local communities, and he does not believe a rural train route works for local communities
  • its…

INTERIM. Property Rights. Water Rights. 3 Points from TX Farmers & 1 State Rep.

  • non-farmers calling rural landowners’ water rights a “gold mine” displeases farmers
  • compensation for taking water is not the solution
  • creating a water market is ” shortsighted and selfish”

“I look forward to working with my constituents and concerned citizens from all over the state to develop legislation that would promote the long-term welfare and prosperity of our communities, including exploring opportunities for conservation technologies to reduce demand and lessen our reliance on…

2 Keys Why Farmers Oppose Eminent Domain by a Special District for Power Lines

  • blanket opposition to the use of eminent domain
  • opposition to eminent domain that adds a new layer of power lines as opposed to upgrading existing power lines
    • power lines increase farming costs by  $200 an acre per year
    • power lines increase the dangers of crop dusting

Where is this happening? California

What’s the special district using eminent domain? Sacramento Municipal Utility District

Why does this matter? The issue is the same in Texas for any private entity that needs to…

58% oppose Giving Land from Feds to States. 4 Points to Inform BLM versus Texas.

58% of people in the West, home to people like the Bundy Family, and independent minds, oppose giving control over land to States.

The details:

  • It’s the 6th year of the Conservation in the West poll, sponsored by Colorado College

  • 60% oppose selling “significant holdings” of public lands, such as national forests, to reduce the budget deficit.

  • Only Utahians supported giving states control. 47% to 41% support state control over federal land.

  • In Nevada, the epicenter…

Private Property Rights. Lege Trend: HOA Reform. 5 Point Focus from the East.

South Carolina activists are pushing for Home Owner Association reform. The Legislature has a speical committee studying HOA reform. 

The 7 Hot HOA Topics that stand to be reformed:

  • HOAs collecting fees and not performing basic maintenance like:  clearing  garbage; maintaining a holding pond, or enforcing neighborhood rules.
  • Improve transperancy in HOA funding use
  • Improved conflict of interest standards to keep HOA boards and association management completely separate
  • strengthen HOA…

Private Property Rights: State vs. the Feds. 3 Things to Know about the Northern Border Property Rights Fight.

  • Land shifted along the Red River, as river banks do. This caused the state border to shift. The federal Bureau of Land Management stepped in to save the day and took control of 113 acres along the border.
  • 7 Texas landowners sued. GLO joined the suit to help the Texans.
    • Local county officials have also joined the lawsuit to help the Texas landowners.
  • The landowners ahve the blessing of conservatives like TPPF.

CBSDFW | Bush’s Texas Agency Joins Lawsuit Alleging Federal…