Welcome to the Future!
Long Beach Township took property from 7 beach front owners for a storm water project. Long Beach Township asserts it did so because a state agency told it to do so. A natual reply as that explanation worked well with our parents as 9 year olds- so and so made me do it.
The beach project was voided, a win for landwoners. But, since an eminent domain qualifying project was involved, the state & local government were able to start accessing the property from day 1.
The landowners also…
11 Ohio counties are in the path of a proposed pipeline that has solidified citizen action in opposition to the pipeline.
The pipeline has been trying for 1 year to access property for normal pre-condemnation access to properties. It hasn’t worked.
So, the pipeline filed suit, because people who are already heated over their desire to protect private property also love lawsuits. Not the best logic to gain support, but reasonable legal argument if public support is irrelevant.
What are…
27 states and state agencies, as well as 14 agriculture-oriented organizations, have filed lawsuits across teh country to block the EPA water mapping project.
The EPA is seeking to map water flows, including mapping of low flow waterways on private property.
Louisiana, Mississippi and Texas filed suit in U.S. District Court in Galveston, Texas. Joining the suit in Galveston are: American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders…
In a long attorney general opinion, relying on case law from Nevada to Florida, the attorney general of South Carolina has issued an opinion that an oil and gas pipeline in all likelihood does not get the privilege of eminent domain.
The opinion discusses South Carolina Courts, and other courts, striking down eminent domain for private companies.
Its a trend that has been sweeping the nation from courts to legislatures. Everyone is looking for a public use connected to the land that is…
The US Supreme Court let stand a 5th Circuit ruling in favor of TCEQ. Guadalupe Blanco River Authority had sued saying a TCEQ action caused the death of a bunch of whooping cranes.
GBRA was trying to show a regulatory taking of property, which means something of value had to be taken (whooping cranes) and it was the fault of the government (TCEQ).
In this case, not so much proof of a regulatory taking according to the courts. A win for TCEQ. A loss for lovers of whooping cranes.
Say you own property near a Native American reservation. Say you have to use a county road to reach your property, but the county road runs through tribal lands. Does the soveriegn authority of the tribe override your property rights to an easement that you have enjoyed?
Time will tell. Tribes in New Mexico are cutting off access to county roads that traverse tribal lands. Some non-tribal lands, that are wholly surrounded by tribal lands, may have no access to and from their…
The ongoing Montana eminent domain fight for Missoula to take its private water utility by eminent domain has reach a new milestone. The global equity interest holder of the water utility has filed an appeal. Missoulian
The same happended recently inTexas. The year, 2014. The case, Zachry v. Port of Houston. A global equity interest, named Zurich, stepped in to offer an opinion that sided with Zachry. Will government contracts and eminent domain end up in court more often because of…
TPPF has been talking reforming aset forfeiture for a couple years now, and now the CLU and Grover Norquist have joined forces to bring us Fix Forfeiture, a 501(c)(4).
Here’s what Fix Forefeiture wants to fix:
Libertarians and private property rights activists will not stop talking about Kelo. There are books and movies afoot about Kelo.
During this week’s 10 year anniversary, the libertarian presses were on fire:
Just Compensation for Raisins. Raisins Stand United. California rainsins grew up to be activists that won.
The US Supreme Court ruled in support of raisin producers this week by striking down a New Deal Era provision that allowed the FDA to take a certain portion of raisin crops to control raisin prices.
The FDA exercised this taking in 2002-2003; opening the U.S. market up to foreign raisins.
Do you know where your raisins come from? The Supreme Court favors them coming from the US….