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John Stewart took on eminent domain. It’s hilarious, as always. Here’s an excerpt:
“I am disturbed by eminent domain abuse, because I think private property rights are fundamental to who we are as Americans… I don’t we should be helping out private interests,” Cruz said. “The problem with the Keystone Pipeline isn’t the issue of Eminent Domain, the problem is the Obama administration with the stroke of a pen shut that project down.”
“What the f–k?” Stewart said before mocki…
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
A pipeline company wants to build. Accordingly, it sent landowners letters that it would be surveying land. The Appalachian landowners are unhappy. Rural mountain people upset with big corporations coming onto their land with fancy science equipment reads like a script for Deliverance 2014. Lawyers say that until there is an established common carier purpose and a public need, the pipeline cannot survey land. [
Posted inpipelines/common carriers, Pre-condemnation Access, private company
2014 has been the year of eminent domain protesting. There were farmers who planted crops to spell out their protest, a Willie Nelson rally, and old fashion protestors. Public meetings have been shut down by the fire marshall. Protestors are loud. They want their voices heard. The latest protest rally is in response to a Houston based pipeline company that wants to build a pipeline in Massachusttes. The protest brought together property rights activists, environmentalists, land o… On Halloween, the Texas Supreme Court set December 1st as the deadline for response to the Petition for Mandamus in Eagle Ford Land Partners. Eagle Ford Land has a judgment for $1.6Million from a pipeline company that is not satisfied. Eagle Ford is asking the Texas Supreme Court to enforcement to judgement. Property Rights advocates from the Farm Bureau to the WildLife Association to TPPF have lined up in support of Eagle Ford Rice Partners. [
Posted incompensation, pipelines/common carriers, private company, private property rights
Want to know what agricultural interests think about eminent domain? This article in the Progressive Cattleman outlines it. It walks you through these crucuial questions: Q: When can land be taken with eminent domain? A: When there is a public use. Q: How is a landowner compensated? A: Depends on how the land is taken, but if its a portion of the land, the land owner is generally compensated justly and adequately for the land taken and the impact on the rema… Private pipeline companies exercising eminent domain for common carrier pipelines isn’t only a Texas issue. A Lt. Gov. candidate in Massachusettes also raises the same private property rights concerns that draw the attention of Texas land owners. The Massachusettes candidate also throws in environmental concerns, but the private property rights concerns are identical. [The Recorder] 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… Merrill Matthews writes that the proposition to ban fracking within the city limits of Denton has broader implications. The ban would fuel a public relations campaign for environmentalists. The ban would also give rise to inverse condemnation claims for property owners to argue that the ban denied them full use of their property to earn royalties. It’s a sticky situation.
Posted incampaigns, inverse condemnation, pipelines/common carriers, 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…When can a pipeline survey land?
Protest to Stop Pipeline
Eagle Ford Land Partners Outstanding $1.6M Award from a Pipeline
Eminent Domain 101
Eminent Domain Campaign Trend
TPPF: Amicus Letter in Eminent Domain Case
Will a Fracking Ban Lead to Inverse Condemnation Law Suits?
2013 Refresher: Common Carrier Point of Order