Welcome to the Future!
Landowners are on a winning streak with private property rights arguments in Texas courts. Most wins occur when a private company, like a pipeline, uses eminent domain. The murky territory of private companies acting like public entities.
On December 18th, the Court of Appeals for the 9th District will hear oral arguments in a case between land owners and a pipeline. These landowners won with the Texas Supreme Court. The Supreme Court sent common carrier standards back to the a…
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…
In an interview with a local paper, Representative-Elect John Wray expounded on his views on private companies exercising eminent domain authority:
“We would also look at a private entity having eminent domain authority, which is always problematic.” [Waxahatchie DayLight]
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
Ron Kirk will serve as senior advisor. He joins Robert Eckles and Tom Schieffer. Central Texas Railway has been hosting public forums to discuss its projected Dallas to Houston route. Landowners along the route have raised concerns. Building the bullet train requires land. Most land in Texas is privately owned by Texans, who love their land. Acquiring land presents challenges. [
Posted inprivate company, private property rights, railways
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
UT Regants had put Players on the eminent domain chopping block in 2004. Players was saved from eminent domain and UT ultimately paid fair market value for the property. The Austin Chronicle details the eminent domain challenges Players faced. [Austin Chronicle] Americans love their baseball. Hartford, CT loves baseball and wants to build a new minor league stadium. The city knows where they want the new stadium, but the people who own that land disagree. The city and landowners couldn’t reach an agreement to sell the land to the city. Naturally, the city is opting for eminent domain. The city proposes to take 14 pieces of private property for a total of $1.98 million. The city will then turn the land over to a developer for a $350… Texas High Speed Rail is hosting public meetings about its proposed high speed rail between Dallas and Houston. The popular topic at these meetings? Eminent Domain. Progress that the train represents is welcomed, but property owners love their land and don’t want to be separated from it. [KPRC Houston] Claremont asked voters to approve the City condemnation of the water utility. This marks the second local government in recent months to utilize eminent domain to acquire a privately owned utility. [Inland Valley Daily Bulletin] Refreshing our Recollection: Earlier Missoula, MT has begun condemnation process for its p…Ron Kirk joins Project to Bring Bullet Train to Texas. Land Needed to Build it.
When can a pipeline survey land?
Memory Lane: Eminent Domain, UT and Players
Baseball is an American Pastime. Baseball Fields Require Acres of Land.
Bullet Train to Court? Eminent Domain Meets Texas High Speed Rail
Claremont to Use Eminent Domain to Condemn Water Utility