Fight For Your Right to Party, Nay, to Property.

In tiny Eagle, Idaho, a business owner is fighting a blight designation for her property. The property has not, in the last 14 years, received a ticket or notice or fine. 

An Idaho Redevelopment Corporation wants her property for a parking lot and is trying to use a blight designation to get it. 

The business owner is a fighter. Sounding like 80s rock icons, she said, “My plans are still to continue to do what I think every American should do, fight for their property, figh…

Legal Trend: No Talking About Eminent Domain. Eminent Domain is Fight Club.

The Institute of Justice is asking the US Supreme Court to reveiw a 4th Circuit Court of Appeals case that prohibits banners protesting the use of eminent domain. Why the hush-hush?

  • Central Radio had been in Norfolk for 80 years.
  • Norfolk Redevelopment and Housing Authority wanted its land and buildings for Old Dominion University
  • Central Radio put up a banner on its own property which read ” “50 years on this street/78 years in Norfolk/100 workers/Threatene…

Pre-Condemnation Access. Cannot Take it for Granted. NFIB Lawyers on the Case.

A California Appellate Court ruled that pre-condemantion access to private property did not include environmental and geological testing.

The land at issue was to be part of a multi-million dollar water delivery project , the Bay Delta Conservation Plan, to divert water from the Sacramento-San Joaquin Delta to Southern California. 

National Federation of Independent Business attorneys have filed an amicus brief supporting the landowner and encouraging the California Supreme…

UPDATE: Panhandle Landowners Sue State Over Putting Them in a Water District (The System Works)

A group of landowners, who filed suit against the State of Texas (TCEQ) for forcing them into a ground water district, were vindicated when the Groundwater district voted 5-0 to allow the landowners to live freely outside their groundwater district.

The landowners alleged in their law suit that they purchased land because it was not in a groundwater district and that private property rights should prevail. adminPosted inland use, legal trend, private property rights, water

Private Property Rights in License Plates?

On Monday the US Supreme Court heard a Texas case about confederate flag license plates, because fans of the Dukes of Hazards are moving to Texas in droves.

I haven’t seen any Klingon license plates in Austin- yet, but the Trekkie community is deeply divided and have retained counsel.

Seems weird to argue about license plates at the US Supreme Court, but in 1977 the US Supreme Court set forth the idea that a license plate is free speech on private property. The case was Woo…

Common Carrier Battle. Round 2000. Danbury Seeks Rehearing Over Court Loss. Countdown to Amendment Flurry.

This week Denbury filed to seek a rehearing over the appellate ruling that it is not a common carrier. It’s going to pop up via amendment between now and June 1st. 

Why will this head to the Legislature? Because Denbury alleges that the current legal precendent, the appellate ruling, will have wide spread ramifications. 

This common carrier fight has spanned 7 years. This complex legal tale includes:

  • More than 7 years ago Jefferson County landowners James …

Local Governmental Entity To Take Private Property. Golf Course Irrigation System.

Falconhead golf course, located in suburban sprawl outside of Austin, allegedly owes its water district $778,000. Naturally, legal action has ensued. The clincher is the Travis County Utility District is also considering siezure of the golf course’s property- in the form of its irrigation system.

 Here’s what happened:

  • The golf course and the Travis County Public Utility Agency (TCPUA) disagree as to how the golf course should use its irrigation system.
  • TCPUA…

The No Eminent Domain for Economic Gain Bill

No Eminent Domain for Economic Gain is a very popular refrain for property rights supporters. It’s as popular as A/C is in August in Austin. 

In Nebraska it is a tag line for  LB473, which prevents the use of eminent domain by foreign owned pipelines.  Foreign owned pipelines would be permitted to negotiate for purchasing easements.  Many states are cracking down on the use of eminent domain by private entities. 

adminPosted inlegal trend, legislation trend, pipelines/common carriers, private company, private property rights

Bill Filing: Heart of Groundwater Fight Is Eminent Domain

Representative Isaac says removing eminent domain authority from a water district is the “saving grace.”  he goes on to talk about the abuses of eminent domain authority by special districts. Texas Tribune

There are 100s, if not 1000s, of special districts in Texas. Texas Legislative Council has tracks and organizes these grants of eminent domain authority. The 2012 list of special di…