Category Archives: private property rights

4 Bits Intel. West Coast State Bill. Change Attorney Fees Calculation.

State:  California

The current way attorney fees are awarded in eminent domain: Since 1975, attorney fees can be awarded in California for eminent domain if:

  • final offer of compensation was unreasonable
  • the final demand of the property owner was reasonable

Assembly Bill 408 wants to change the standard for attorney fees in eminent domain to: 

  • Attorney fees must be awarded if condemnor’s offer is lower than 90% than the court’s value determination
  • Attorney fees may be awarded if condemnor’s…

State Law Prohibits Eminent Domain for Private Gain. How do Pipes and Lines get built?

The State: Pennsylvania

The eminent domain prohibition: no eminent domain for private enterprise, even if there is a public use

The pipeline project: An interstate liquid natural gas pipeline is subject to federal law that allows for eminent domain even when state law prohibits it

Penn Live | Second Sunoco pipeline possible in Cumberland County, landowner continues fight

Eminent Domain by Private Entities is Crony Capitalism.

Tyler Morning Telegraph editorial opposing Texas Centrail Rail raises these 3 points:

  • This isn’t a rural-urban issue. This is a property rights issue.
  • You can’t say this is a private enterprise, promoting free market when you use eminent domain, because eminent domain is the opposite of free market.
  • This is crony capitalism with the government  “thumb on the scale”

Tyler Morning Telegraph | Editorial: Texas bullet train an example of crony capitalism

5 Bills + 5 Companion Bills. Eminent Domain Reform for Rail Only.

A legislator coalition joined forces to limit eminent domain for high speed rail. Who is involved?

  • Senators Birdwell, Creighton,  Kolkhorst, Perry, & Schwertner
  • Representatives Ashby, Bell, Cook, Schubert, and Wray 

Which eminent domain issues are being addressed?

  • Pre-condementation Access to Property. SB 973 by Creighton/HB 2168 by Bell (Railroad Determination Before Surveys) – prohibits a high-speed rail entity from entering private property to conduct a survey unless the Texas Department…

2017. SB 742. Kolkhorst. Just the Facts.

SB 742 by Kolhorst.  Relating to requirements for a bona fide offer for the acquisition of property by an entity with eminent domain authority.

  • Requires easements to include more details on right of way, usage, size scope
  • Allows for damages related to the easement
  • Establishes 5 covenants:
    • securing the property owner’s land (locking gates etc)
    • maintaining the right of way
    • repair and restore land to the original condition or better than original condition
    • the owner shall be…

2017. Just the Facts. SB 741.

SB 741 by Kolkhorst. Relating to compensation to a property owner for property acquired by an entity with eminent domain authority.

  • Adds royalties and profit sharing to what maybe considered compensation to a property owner
  • Allows negotiations concerning compensation to be admitted into evidence during eminent domain proceedings.

Private Property Rights. Home Sharing. City Rewrites Home Sharing Ordinance. The Details are in the Data.

The City: Chicago

The proposed revisions to home sharing ordinances will:

  • Require homeowners to retain the names of guests but only require disclosure with a warrant or subpoena
  • 4% surcharge on each rental
    • Revenue estimated is $2 million/year
    • revenue will be earmarked for homeless
  • Allows areas of the city that are zoned as single-family homes the ability to pass petitions to restrict the home rentals

Chicago Tribune | Mayor Emanuel wants changes to home-sharing rules

Property Rights Group Applauds SB 740 SB 741 and SB 742. Just the Facts.

3 Reasons why Texans for Property Rights support Senator Kolkhorst’s eminent domain bills:

  • Expand upon progress made in landmark 2011 eminent domain legislation
  • Senator Kokhorst worked with the group and says the bills “…give[s] all landowners the new tools and safeguards they need to protect their land from eminent domain abuse”
  • The Cattle Raisers say “Property owners continue to be at a huge disadvantage when navigating the condemnation process and these proposed reforms are a great step…

Eminent Domain Debate 2017. Hollywood with an Assist on the Big Screen

Making the film festival circuit this spring- the Suzette Kelo story starring Oscar nominee Catherine Keener.

The all American elements of the plot:

  • Lady owns a little pink house
  • Big Pharma wants to expand
  • Eminent Domain is used to take the pink house
  • Lady fights her way to the Supreme Court & loses but changes eminent domain laws throughout the country.

A film about outsiders fighting the system… Raging against the machine.

Hollywood Reporter | ‘Little Pink House’: Film Review | Santa…