Category Archives: legal trend

LEGAL TREND. Flipping Right of Way Property. Eminent Domain Compensation. What you Need to Know from Dallas.

The alleged crimes: “fraud by getting inside information from the Texas Department of Transportation to buy cheap land alongside Interstate 35E and then flip it to the state at inflated prices”

How was the land value increased? land underdevelopment was considered to be a higher value 

The “profit” generated by these sales to TXDOT? $12.6Million

Dallas Morning News | Second Dallas investor to admit to scheme using inside TxDOT info to flip highway land for profit

Eminent Domain Hearing in Nebraska Results in Threats of Civil Disobedience.

State & Pipeline: Keystone XL in Nebraska

What is the hearing about: Whether the pipeline can be granted eminent domain authority

What happened at the 10 hour hearing:

  • Allowing for eminent domain, according to private proeprty rights supporters  would result in protests that  “would make the mass protests that accompanied the Dakota Access Pipeline in North Dakota look like a “dress rehearsal.”

With how many of the landowners has the pipeline reached an agreement? 90% of the landowners have…

Eminent Domain Legal Case vs. Right to Carry. 2nd Amendment vs. 5th Amendment.

In competing constitutional rights, the Dakota Access pipeline protests, which have had violent moments, is placing the following security measures in place for the legal fight:

  • No guns
  • No knives
  • No video cameras
  • No signs, posters or banners larger than a standard sheet of paper
  • No  noisemakers
  • No backpack
  • No large bags
  • No containers and coolers

News Channel Nebraska | ‘Security Measures’ Planned for Pipeline Hearing

Legal Trend. What happens when a state defines private property right as a "fundamental right?"

The state: Virgina

The legislative action at issue:  In 2003 the VA Constitution added:

 “That the General Assembly shall pass no law whereby private property, the right to which is fundamental, shall be damaged or taken except for public use.”

The VA Supreme Court: What happens if the Court rules that the right to private property is fundamental:

  • shift zoning cases to judges, from local governments
  • zoning cases will have heavier scrutiny
  • court dockets would be clogged

News Leader | How…

How to use Eminent Domain When a State Agency has no Eminent Domain Authority.

The agency: Texas General Land Office

The land: Rollover Pass on the Boliver Penninsula

The entity using eminent domain: Galveston County

Where are the courts? County Court-at-Law Judge ruled in favor of the use of eminent domain. The next phase will be detemrineing value.

Beaumont Enterprise | Court order could doom Rollover Pass

Private Property Rights. When a State Limits Mining Methods on Federal Lands.

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

Eminent Domain Issue Du Jour: The Border Wall. 3 Property Rights Trends Emerging.

  • New kid on the block defending property rights on the border: Texas Civil Rights Project
  • The border wall would trigger a federal use of eminent domain, and not Texas’ use of eminent domain
    • An alleged leaked memo says an actual fence will be built on roughly 36 miles of land in the Rio Grande Valley
  • In 2006 when a wall was last attempted, 100s of lawsuits were filed 

 

Valley Central | Border wall plans spur effort to help Texas landowners with eminent domain

Eminent Domain Laws Across the US. Attorney Fees. Quick Info. How does Texas measure up?

Attorney Fees:

  • TX awards attorney fees if the condemnor doesn’t make a bonafide offer
  • 40 other states award on a broader basis
    • 4 states use as standard of 110% of condemnor’s offer 
    • Colorado uses a standard of 130% of condemnor’s offer 
    • 2 states use a standard of 120% of condemnor’s offer 
    • 2 states use a standard of 115% of condemnor’s offer 
    • 6 states use a standard of any amount over the condemnor offer
    • 1 state uses a standard of “closer to land owner’s value than condemor’s…

1 Pending Texas Central Rail Landowner Lawsuit. 3 Things to Know.

  • A lawsuit from 78 year old property owner and a countersuit by Texas High Speed Rail had a hearing this week
  • What put them into court was whether the rail could have pre-condemantion access to the property to survey it
  • What kept them in court, when Texas Central Rail, had dropped other similar lawsuits, was that this lawsuit wanted Texas Central Rail to admit that it did not have eminent domain authority

No ruling yet from the Court. 

KBTX | Leon County landowner meets high speed rail…

Why did Nevada Join Property Owners in a US Supreme Court Eminent Domain Case?

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…