Category Archives: land use

Eminent Domain, a Retailer, & a Road. Public Use? Public Outcry.

Rowlett has a new Sprouts store. People need to get to the new store. Rowlett is considering eminent domain to access to the new location. This translates to acquiring private property to help people get to more private property. 

What’s the hiccup? 

  • If you ask the attorney for the property owners whose land may be taken says it’s: “Basically, what you would be doing is condemning one private property owner’s land to benefit another private property owner.”

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Eminent Domain to Retain Employers?

St. Louis is considering using eminent domain to retain a local employer, the National Geospatial Intelligence Agency. 

The Supporters Say:

  • The City will lose 3,000 high-paying jobs 
  • The City will see reduced tax revenue if the employer leaves
     

The Concerns:

  • Using eminent domain against homeowners
  • Locals want the area to remain residential, and not become commerical property

Posted byadminPosted ineconomic development, land use, legislation trend, private property rights

Eminent Domain is Needed. How to Stop Land Speculation in Eminent Domain.

A list of why eminent domain is necessary is not something that occurs with frequency. A law professor lists reasons why eminent domain is necessary in Detroit:

  • Eminent Domain worked in the past to build factories that still function
    • Look at the  GM Hamtramck Assembly Plant and the Chrysler Jefferson Avenue North Assembly Plant
    • Detroit has collected hundreds of millions of dollars of property and income tax revenue from the plants and their workers

Billboards & City of Houston In Talks

Billboards and the City of Houston have a long history. Like a love affair that thrives on disagreements. The love lasts, but it is a roller coaster.  

New movement in this relationship. The City & 3 billboard companies (Outfront Media, SignAd &  JGI) are in talks to address what the city calls, billboard blight. The bargaining chip offered by the CIty: 

  • Voluntary removal of billboards- Keep 1 sign for the next 20 years, if you remove 2 signs.

 

Denton Fracking Ban Leads to Eminent Domain Claims by Mineral Rights Owners

The City of Denton passed a proposition to ban fracking. It’s led to lawsuits to stop the implementation of the ban.

New lawsuits may emerge from mineral rights owners. Mineral Rights owners could assert that the fracking ban ordinance unfairly restricts their ability to use their property. In short, that the city used a form of eminent domain to take their property and didn’t compensate the mineral rights owners for taking away their ability to extract the minerals.   Posted byadminPosted ininverse condemnation, land use, legal trend, legislation trend, pipelines/common carriers

Highland Park Eminent Domain Hijinx

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 byadminPosted inappraisals, compensation, land use, private property rights, school

Protest to Stop Pipeline

2014 has been the year of eminent domain protesting. There were farmers who planted crops to spell out their protest, a Willie Nelson rally, and old fashion protestors. Public meetings have been shut down by the fire marshall. Protestors are loud. They want their voices heard.  

The latest protest rally is in response to a Houston based pipeline company that wants to build a pipeline in Massachusttes. The protest brought together property rights activists, environmentalists, land o…

SB 178: No Eminent Domain for Parks or Bike Trails- EVER.

An early eminent domain bill this pre-filing season: SB 178 by Nichols prohibits the use of eminent domain for recreational purposes. Quotes from Senator Nichols:

“Senate Bill 178 would prohibit state or local governments from taking private land for recreational purposes. Nichols believes eminent domain can be a last resort when considering public utility projects and other public works, but that no one’s land should be taken for bike trails or parks.” 

“These bills repres…

Texas Supreme Court to Decide if Denial of a Water Permit is a Compensable Taking of Private Property

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…