Category Archives: private property rights

Lege TREND. State Constitution Limits Eminent Domain Against Businesses.

State: Louisiana

The eminent domain issue: A private dock entity, Violet Dock Port, had been operating in St. Bernardship parish. The Port Authority wanted to acquire its private competitor. Violet and the Port couldn’t agree on a price, so the Port Authority used eminent domain & began operating the Dock Port.

The Louisiana Constitution says: “no business enterprise or any of its assets shall be taken for the purpose of operating that enterprise or halting competition with a government…

Lege Trend. What happens when counties have input into infrastructure projects that use eminent domain?

In Missouri, the Missouri Supreme Court upheld an appellate ruling that effectively stopped a transmission line plan.

How could the court do this?  In Missouri to build a transmission line, the state agency must have input from the counties. Why? Because state law says counties must determine whether a proposed project meets engineering & safety guidelines.

6 of the 8 counties said no to the transmission project. The project backers had asked the MO Supreme Court to not require the county…

Legal Trend. Private Property Rights vs. First Amendment to Murals vs. City Ordinances

City: Atlanta

Ordinance: 1982 Ordinance required:

  • registration of public art
  • approvals by multiple layers of city government  for public art
  • defined public art as  any artwork “able to be viewed from a public way.”

Court: City agreed to stop enforcement of a 1982 ordinance and pay $500 in restitution to the property owner and the mural artist. Attorney fees and costs are still being negotiated.

Atlanta Daily Report | City Agrees to Halt Enforcement of Ordinance That Threatened Artwork

Lege TREND. 2 Ways Belton TX Would Be Impacted by Annexation Bill + 1 End Run Around Annexation.

Belton, Texas City Manager says an annexation bull like 85R’s SB 715 would:

  • end annexation
  • if voluntary annexation were permitted it would:
    • allow the city & the proposed annexation area to vote
    • the carrot would be city utilitiies & services while the stick would be city taxes

Belton has used development agreements as a stop gap to halt annexation. 

Temple Daily Telegram | Belton may be impacted by special session annexation bill

3 Reasons for No Eminent Domain for Private Gain from a Paper Dating to 1896.

The Wilson Times (Wilson, N.C.) likens eminent domain by a private corporation to trying to buy heirloom tomatoes at a grocer by tossing some coins on the floor. 

The Wilson Times sets out these 3 reasons opposing eminenbt domain by private companies:

  • When land men tell land owners that courts will rule in the corporation’s favor, that is an unauthorized practice of law by offering a legal opinion;
  • Companies reap profits forver from eminent domain while landowners have a lifetime of…

3 Points from a Texas Editorial. Trees & Property Rights. East Texas Says Follow the Houston Model.

A Tyler Morning Telegraph editorial supports:

  • The “Save or Trees” advocates neglect that tree ordinances are about “Save our Property Rights”
  • Senate Donna Campbell has it right- tree ordinances that control how property owners use their land is tantamount to a taking of property
  • Follow the Houston model and convert city owned lands to green spaces to prserve trees

Tyler Morning Telegraph | Editorial: We can protect trees and property rights at the same time

Private Property Rights. Tree Regulations make the 2017 Veto List.

Vetoed: SB 744 By Kolkhorst Relating to a tree planting credit to offset tree mitigation fees imposed by a municipality.

The Veto Statement Highlights:

  • Cities dictating trees is a “assault on provate property rights”
  • A compromise bill, like SB 744, cannot only offer ” a very minor restriction on some municipal tree ordinances”
  • state law shall not support “municipal micromanagement of private property”
  • ” we can do better for private property owners in the upcoming special session”

SB 744…

Local Trend. Agreements in Lieu of Annexation.

The local government: Decatur

The 5 year agreement in lieu of annexation would require:

  • City forgoes its right to annex the property
  • Property owner agrees that the use on the property will be the current use
  • Any other use of the property will be governed by the city’s rules and regulations with regards to development

Wise County Messenger | Agreements could delay some annexation