Category Archives: land use

The Oklahoman Editorial Board: Eminent Domain Should Be Narrowly Tailored

Resfreshing our recollection, two professor types published a paper for  Mercatus Center at George Mason University.  Their conclusions did not favor eminent domain and has become an anthem for property rights advocates.

The Editorial Board at The Oklahoman took an economic spin from the research, and write about optimistic economic development projections, that often fail to take into account opportunity costs. The Editorial Board pushes for more protections for property owners. <...

RealClearPolicy Asks: Does Eminent Domain Raise Revenue?

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…

TX Supremes Say Hello to Inverse Condemnation

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…