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The meat of this article is that private proeprty rights are the foundation for the market economy. The authors then work their way through the landmark 2005 Kelo case and note that Kelo’s property was never used for the economic development purpose for which it was taken. But rather, Kelo’s property was used for refuse from 2011 hurricane Irene.
RealClearPolicy also highlights the 2014 Economic Freedom of the World Report that the U.S. fell to 36th for its legal system and privat…
Briefing is underway for a controversial groundwater case before the Texas Supreme Court. A pecan farmer was denied permits to water his pecan trees by the Edwards Aquifer. The pecan farmer argues the denial of the permit was a taking of his property. For all you land use lawyers, yes, the land owner is claiming an inverse condemnation. [Bragg v. Edwards Aquifer Authority]
Refreshing Recollection: There’s another in…
Obtaining eminent domain compensation for the loss of business goodwill is tricky. Just ask the business owners along 183 in Austin. When 183 was raised to above street level, businesses lost foot traffic. These businesses claimed a loss of goodwill, but the Texas Supreme Court disagreed. In California, businesses can obtain compensation for a loss of business goodwill, not all businesses owners are as lucky.
Posted incompensation, legal trend, legislation trend, private property rights
The world is full of con artists. New York City area has scammers flashing fake government official credentials and threatening building owners with emient domain, if the unsuspecting owners don’t sell their buildings. Awful. Just awful to prey on property owners with fake eminent domain threats. [CBS NY] The California legislature sought to find middle ground over public beach access through a California billionaire’s property. The courts sided with the surfer’s right to beach access. The legislature sought the more peaceful resolution for the billionaire- negotiation. Governor Brown agreed and signed the bill. But if negotiation fails, eminent domain is back on the table. A billionaire wants to keep his beach private. Surfers want to surf. Never ending circle between the courts an… An issue brewing in Texas Courts has been held unconstitutional by an Appellate Court in California. The Third Appellate District Court of Appeal ruled in Property Reserve, Inc. v. Super. Ct. of San Joaquin County that pre-condemnation entry statues violate California’s taking clause. It’s a legal battle currently brewing in Texas.
Posted inlegal trend, Pre-condemnation Access
What happens to cause a jury award to exceed an initital offer by more than $2 million? According to lawyers its a message that jurors want pipelines to know how much damage they cause land owners. Peregrine Pipeline Co., L.P. v. Eagle Ford Land Partners, LP, No. E-2007-00046 TPPF is on the case in 2015. Be happy Texas isn’t California where pre-condemntation surveying and impact testing took a hit. If a condemning entity wants onto land to look around, they have to condemn it first according to a new Appellate Ruling that halted the Bay Delta Conservation Plan. California Supremes will have the ultimate word.
Posted inlegal trend, Pre-condemnation Access
Eminent Domain Scammers
Surfers Blocked from Beach. Eminent Domain on the Horizon.
Legal Trend: Unconstitutional Pre-Condemnation Entry Statutes
$2.1 M jury award. $80,000 offer.
Concerned about the 2015 eminent domain bills?