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Texans Aginst High Speed Rail are advising land owners to:
Navasota & Grimes County Examiner | An open letter from TAHSR to Texans
Where is this eminent domain case occurring? The San Benito County, California
What’s the project being built? bridge
What’s the impetus of the cost increase? Legal feees associated with eminent domain
What is the predicted cost increase? From $50,000 to acquire land to $300,000
Benito Link | Eminent domain causes bridge construction legal costs to balloon
CBSDFW | Bush’s Texas Agency Joins Lawsuit Alleging Federal…
Who is claiming a property right in a permit? Taxi drivers that hold a permit to service DFW are claiming a property right in the taxi permit for DFW
How did this argument emerge? The DFW airport board amended its rules on ground transportation. Thereafter, the taxis sued Uber and Lyft.
The response from the sharing economy? There is no vested proeprty right in a permit to operate at DFW
Who will decide this dispute? A Dallas County Court
Background: In Florida to trigger quick take possession of land via eminent domain, the condeming entity has to deposit funds with the court.
Legal Fight Over Which Party Gets the Interest on Funds Held in an Eminent Domain case:
The Case: Livingston v. Frank, 150 So. 3d 239 (Fla. 2d DCA 2014)
How is this relevant to Texas? The Texas Supreme…
Background:
What the courts will look at:
What’s the brouhaha? California Appellate Courts have split on how much pre condemnation access to property is permitted.
What’s the case awaiting oral argument in California? Property Reserve, Inc. v. Dep’t of Water Resources, No. S217738 Its about whether a water commission could enter lands for soil testing to further a water line.
Which way did the appellate court rule? The Court of Appeals sided with land owners that the pre-condemnation access was so extensive so as to trigger an…
Farmers in Oklahoma are joining forces over the use of eminent domain to aquire water rights to allow for the sale of Oklahoma’s water.
5 Points that will Make You the Expert.
What project has triggered 307 eminent domain petitions? California’s first leg of the Los Angeles to San Francisco high speed rail.
How many acres does this represent being taken? Since December 2013, 307 eminent domain actions for high speed rail have accounted for 1,135 acres of land.
Which agencies approve the use of eminent domain for high speed rail in California? California’s General Services, Transportation and Finance departments
A small town redevelopment effort to revitalize vacant industrial property surprised city council members when it was revealed that the Institute for Justice is interested in the issue.
The Institute for Justice represents land owners who are facing condemnation or forefeiture of their property.
The Mount Airy News | Eminent domain issue sparks legal threat