Activist Alert: Death of Democracy. March Protesting Pipeline Eminent Domain

In the last year, opposition to eminent domain has turned more vocal and more public. Opponents have:

  • Hosted concerts & parades with world renowned musicians (featured Texans)
  • Shut down public meetings with overflowing crowds (occurred in Texas)
  • Consistently encourages city councils and county commissioners to vote in favor of land owners and against private entities using eminent domain (occurred in Texas)

This week we have “”Death of Demo…

New Bill Filing: Attorney Fees Imposed Against Losing Condeming Entities

When eminent domain negotiations fail, the parties move to court. But, what happens when a court sides with a landowner and awards substantially more for their property? 

If SB 474 passes, a land owner that prevails with an award that is 10% higher than the last negotiated offer can have their attorney fees paid by the condeming entity.

It’s loser pay for eminent domain and applies to…

Lege Trend: Eminent Domain for Intangible Property?

Seizing business permits by eminent domain is new. Connecticut is doing it to solve a state transportation issue. The CT Department of Transportation seized permits from a private bus company to make way for a new public transportation project.

The private companies sued. The Court allowed eminent domain to be used for the permits relying on the the use of eminent domain in CT for facilities, and lumping the bus permits in with facilities. 

A Republican Senator in CT is not…

Private Texas Company Using Eminent Domain Called A Threat. Government Overreach.

Put 800 people together, many of whom are conservative, and momentum builds to oppose a  private entity from using eminent domain to build a new transportation network.

What don’t people like about private companies using eminent domain?

  • Rep. Will Metcalf: 

    “I am not a happy camper,” said state Rep. Will Metcalf, R-Conroe, adding he is frustrated by the lack of transparency on the project. “They are moving forward and we need your help.

    “I don’t believe pr…

Eminent Domain, a Retailer, & a Road. Public Use? Public Outcry.

Rowlett has a new Sprouts store. People need to get to the new store. Rowlett is considering eminent domain to access to the new location. This translates to acquiring private property to help people get to more private property. 

What’s the hiccup? 

  • If you ask the attorney for the property owners whose land may be taken says it’s: “Basically, what you would be doing is condemning one private property owner’s land to benefit another private property owner.”

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County Stops Pipeline. Private Company Crossing Private Lands Causes Concern.

A County in rural Pennsylvania is intervening to stop a pipeline that is proposed to cross private property. Amish are a strong stock. You don’t want to mess with them. 

20 of 26 townships also seek to stop the pipeline project after hearing tales about the impact of eminent domain proceedings against century old farms & decreasing property values. 

Stan…

Most Popular Texas Eminent Domain Bill

One eminent domain bill is becoming a media darling: HB 565 by Burkett. The bill revokes eminent domain authority from a private toll company.

Here’s why Burkett says it is important: 

  • The problem is a private company overseeing a project with eminent domain authority (hello, pipelines, are you listening?)
  • If property is taken for public needs, it should be “fair and transparent”
  • Toll roads are wearing out their welcome

adminPosted in2015 legislation, activism, fairness, infrastructure building, pipelines/common carriers, private company, private property rights

Update: HB 565 Revoking Eminent Domain Authority

The toll road by a private corporation all but dead, this bill is hailed as the final nail in the coffin. The Texas Turnpike Corporation is the only private toll road authority in the state, having authority through a grandfather provision. Texas Tribune 

Previously On Information Intelligence: The Bill Filing

In 2014, a private tollroad corporation proposed new toll roa…

Eminent Domain & Stadiums: The Bills, The Kings, The Cowboys

The Buffalo Bills & Sacramento Kings both need new stadiums. Building new stadiums takes land. If negotiations fail, land is acquired via eminent domain. The Buffalo Bills prefer negotiations.

Buffalo would rather pay more in a neogtiation than use eminent domain, which leads to costly litigation.

There’s a list of professional sports stadiums that have used eminent domain, Texas makes the list:

  • Brooklyn Nets
  • Dallas Cowboys

adminPosted incompensation, economic development, private company