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In supporting the newly formed texas Property Rights Initiative, the Texas and Southwestern Cattle Raisers Association representative mentioned 3 issues about eminent domain compensation:
Add Montgomery County to the list of counties that oppose eminent domain for proposed high speed rail from Houston to Dallas.
The vote: unanimous
The common theme among commissioners: An opposition to a private company seizing private property.
The resolution:
WHEREAS, Montgomery County finds that any high-speed rail lines and facilities crossing county roads is not desirable; and
WHEREAS, Montgomery County values the protection of real property rights…
Gearing up for an intra-industry fight: Texas Mineral Owners vs. oil and gas industry
What’s triggering the beef between these 2 groups? Whether companies can drill horizontal wells that reach across different lease lines
From the Texas Mineral Owners’ side: Mineral Leases often prohibit pooling. Pooling is seen as:
From the oil and gas side: companies have histroically pooled adjoining leases
If an entity wants to acquire land, and may or may not have the power of eminent domain, how does the entity acquire land?
By offering above market value for land. At least, that’s what Texas Central Rail is offering to avoid eminent domain.
Community Impact | Rural residents, high-speed rail proponents clash at community forum
Which 2 swing states are propping up property rights? PA in Robinson Township v. Commonwealth & OH in Kinder Morgan utopia v. PDB Farms
How are these states at the forefront of property rights trend? Courts in each of the state’s have denied private businesses from using eminent domain when no public benefit exists
What’s the kicker on public benefit? Both of the projects denied eminent domain authority were moving goods over a common carrier to Canada with no facilities in the…
An Ohio Court has stopped the power of eminent domain for a pipeline in Ohio based on this rational:
Sandusky Register | Ruling could help farmers battling pipelines
Where: Ohio
Who or what denied eminent domain authority? A state judge
What project was denied eminent domain authority? A pipeline that would move natural gas froma shale region in Ohio to a facility in Canada
Why wasn’t public use of benefit met? Because the benefit from the poeject was found to be the end point of the pipeline in Canada. The jobs created in Ohio were not persuasive to the court.
The Toledo Blade | Wood County judge nixes pipeline builder’s eminent domain plans
TPPF’s “Legislators Guide to the Issues 2017-2018” offers these property rights recommendations:
Texas Observer | A New Solar Rush Creates Legal Minefield for Landowners
Which state: Pennsylvania
What did the PA Supreme Court say about eminent domain? That private companies that have eminent domain power that is excercised to support their private business is an unconstitutional of taking private land for a private purpose.
What were the specifics on the companies involved with eminent domain? Natural gas companies that stored natural gas on private land.
Washington County Observer Reporter | Portions of Act 13 gas drilling law struck down as…