The City of Denton passed a proposition to ban fracking. It’s led to lawsuits to stop the implementation of the ban.
New lawsuits may emerge from mineral rights owners. Mineral Rights owners could assert that the fracking ban ordinance unfairly restricts their ability to use their property. In short, that the city used a form of eminent domain to take their property and didn’t compensate the mineral rights owners for taking away their ability to extract the minerals.
Posted ininverse condemnation, land use, legal trend, legislation trend, pipelines/common carriers
3 craft brewers are suing Texas Alcoholic Beverage Commission over a 2013 law that prohibits the brewers from distributing their product. The craft brewers liken the prohibition from retaining distribution abilities to TABC exercising eminent domain. The analogy is that the law gives distributors property, that isn’t theirs and that they didn’t earn without compensating the the owner of the property, the craft brewers. The Institute for Justice is representing the craft… Landowners are on a winning streak with private property rights arguments in Texas courts. Most wins occur when a private company, like a pipeline, uses eminent domain. The murky territory of private companies acting like public entities. On December 18th, the Court of Appeals for the 9th District will hear oral arguments in a case between land owners and a pipeline. These landowners won with the Texas Supreme Court. The Supreme Court sent common carrier standards back to the a… This week the Railroad Commission passed rules to address when eminent domain attaches to certain common carriers. The rules will become official March 1st. The fight is making a beeline to the Legislature, which historically favors private property rights. Background: This eminent domain fight began because of court cases, which sided with landowners & private property rights. Legislation moved forward in 2013, but died on an elegant point of order. [
Posted in2013 legislation, compensation, easement, legal trend, legislation trend, pipelines/common carriers, private company, private property rights, process & procedure, railroad commission
Americans love their baseball. Hartford, CT loves baseball and wants to build a new minor league stadium. The city knows where they want the new stadium, but the people who own that land disagree. The city and landowners couldn’t reach an agreement to sell the land to the city. Naturally, the city is opting for eminent domain. The city proposes to take 14 pieces of private property for a total of $1.98 million. The city will then turn the land over to a developer for a $350… 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. <... The author of the forth coming book, The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain , is touring the country speaking about eminent domain. This will… TPPF, an ardent supporter of private property rights, submitted a letter brief in support of the property owner, Eagle Ford Land Partners. Here’s the big picture: A natural gas pipeline wanted land to build a pipe. The pipeline company and land owner weren’t able to reach an agreement. The eminent domain case went to a trial court. At trial, the jury awarded Eagle Ford $1.6Million. The pipeline never paid the award of adeqaute compensation. As a result, land rights groups filed ami… Thousands of years ago salt was a valuable commodity. Empires were built on salt. Today, the Tax Foundation uses a George Mason University Eminent Domain Paper to empirically state that eminent domain is not worth it. The Tax Foundation highlights that eminent domain has a negative relationship with economic revenue growth. “The gamble against private property rights rarely pays off.” Hear that sound? It’s the printers of private property rights advocates printing this pa… Odds are high every member of the Texas Legislature will receive a copy of this George Mason University Mercatus Center Paper, “Takings and Tax Revenue: Fiscal Impacts of Eminent Domain.” This academic paper details the use of eminent domain and resulting impact to government. [Synopsis of the Eminent Domain Paper for 2015]
Posted incompensation, economic development, legal trend, legislation trend, private property rights
Craft Brewers Claim Distributor System Is Like Eminent Domain with No Public Benefit
RRC Common Carrier Rules Could Benefit a Landowner Lawsuit
Eminent Domain Fight Round 2 at the Texas Legislature
Baseball is an American Pastime. Baseball Fields Require Acres of Land.
The Oklahoman Editorial Board: Eminent Domain Should Be Narrowly Tailored
Eminent Domain Book Tour In Progress
TPPF: Amicus Letter in Eminent Domain Case
Tax Foundation: Eminent Domain Not Worth Its Salt
Private Property Rights Proponents Will Memorize this Paper