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
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… 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 Railroad Commission is in the midst of controversial rule making about which entities qualify as common carriers, because of last session’s HB 2748. Texas needs to move its rich oil and gas resources around the state and country. Moving oil and gas to and fro requires traversing land. Land is owned by private individuals who love their private property rights, which makes getting access to build pipelines complicated. In 2013, a bill tried to address this issue. But,many privat… The former mayor of Dish, Texas, tells us eminent domain Reform #1 is no more eminent domain for private companies. Texas private property rights are ranked very low nationally. Texas should look to Florida, where real eminent domain reforms have been enacted. Condemning entities pay legal bills whenever a land owner challenges eminent domain. 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… Surfers are the nemesis of one California Billionaire, who watched Point Break too many times. In an effort to protect his beach from Presidential-mask wearing, bank robbing surfers, our billionaire blocked access to his beach. California Courts said no way, no how, dude. Surfers must have access to the surf, dude.
Posted inbeaches, legislation trend, private property rights
Hundreds of comments have been received from individuals and entities. Most interestingly, John Adams has shared his two cents on the proposed RRC rule. Who better than a Founding Father and an advisor to the US Constitutional Convention to weigh in on the issue of property rights. [RRC Public Comments] On Thursday the Texas Supreme Court heard oral arguments on an inverse condemnation case. A condo complex was deemed inhabitable by the City. The residents moved out of the complex. An appellate court said the residents didn’t get their constitutional due process rights. The Texas Supreme Court’s opinion will be a smorgasbord of constitutional rights- private property rights, takings, due process, and let’s throw in equal protection just for giggles.
Posted inblight, inverse condemnation, legislation trend
Imagine if Texas Legislators had to authorize eminent domain for a project to move forward? California hasn’t gone that far to make the Legislature approve eminent domain, but the California Public Works Board is voting to condemn a feed store, a vacant lot, and other Fresno properties to build the San Francisco-Los Angeles high speed rail line.
Posted ininfrastructure building, legislation trend, railways
RealClearPolicy Asks: Does Eminent Domain Raise Revenue?
Compensation: Business Goodwill
2013 Refresher: Common Carrier Point of Order
Be Kind; Rewind: Ft. Worth Star Telegram Runs- It’s Time for Real Eminent Domain Reform
Surfers Blocked from Beach. Eminent Domain on the Horizon.
Billionaire Blocks Surfers from Beach
RRC Rule Making: The Public Speaks
Inverse Condemnations: Is covert eminent domain ready for primetime?
California High Speed Rail requires Approval of Eminent Domain from Sacramento