private property rights – Page 45 – InfoHive

Conservatives v. Conservatives. How an Eminent Domain Report Set the Stage for Cannibalism.

In December, informed:intel subscribers will recall a Texas Conservative Coalition report supporting existing eminent domain statutes & high speed rail from Houston to Dallas.

The New Year brings, new conservative voices making 3 arguments against the report via Texas Tribune :

They should have been told. They’re members of your group. You hid this.
The use of eminent domain by a private business (a haute conservative mantra)
Your document is unsigned and yet you imply that your…

Texas ISD Apologizes for Eminent Domain Threat. 3 Pieces of Intel you need to Know.

The ISD: Dallas ISD

The eminent domain threat: In Novmeber 8 businesses received letters from DISD chief operations officer with the subject line: eminent domain. The letter explained that the district is in the early stages of building a new school and may acquire their properties.

The apology: A trustee and the DISD COO both apologized to the businesses and local community in person at a public forum.

Dallas Morning News | Dallas ISD backs away from possible school site,…

2 Landowner Concerns After the latest Denbury/Texas Rice Ruling.

Is the amount of evidence required to be a common carrier reduced by this ruling?
Is the test set up by this ruling apply to more than just CO2 pipelines?
- The test: a reasonable probability must exist that the pipeline will at some point after construction serve the public by transporting gas for one or more customers who will either retain ownership of their gas or sell it to parties other than the carrier

Texas Agriculture Law Blog | Texas A&M Agrilife | Texas Supreme Court Issues…

Pipelines. Eminent Domain. TXSCT clarification. 3 Points to be Conversant.

Is checking the box enough for the courts to say yes, pipeline, you have eminent domain? NO.

What do pipelines have to show in court? That there is a public use by meeting this standard:

“reasonable probability” that the pipeline would be used to transport gas
for “one or more customers who will either retain ownership of their gas or sell it to parties other than the carrier.”

Did Denbury meet the new standard? Yes, by showing its existing contract with another entity to transport…

Private Property Rights. Court Rules Against MMD. Property Owner Petitions Gone Awry.

The municipal managment district: Montrose Municipal Management District

The amount of assessments that triggered a property owner suit? $6.6 Million in assessments

What have the courts said? The Montrose MMD assessments were unlawful

What did the Court say the MMD did wrong? State law requires commercial property owners to sign off on the MMD and assessments. The list of signatures by the Montrose MMD included residential property owners who are not assessed by the Montrose MMD

…

House Special District Committee & Senate IGR Mirror Recommendations. The details:

House Committee on Special Purpose District 2016 interim committee report makes the following recommendations:

Follows Senate IGR to recommend committee policy changes requiring local notices for annexation & MMDs before legislation is considered
Use of standard MMD language
A committee check list:
- Enforce existing and additional notice requirements outlined in Recommendation No. 1 (Notice requirements);
- Enforce the use of the MMD Standard Language described in Recommendation No. 2a…

INTERIM Committee Report. Land & Resource Management. 4 Recommendations.

Land and Resource Management Interim Committee Report for 2016 makes these recommendations:

Excessive and abuse local regulations should be addressed by targeted local bills. (pg. 66)
” A public notice to unincorporated areas of its boundary lines changing due to annexation or ETJ expanding. ” (pg. 71)
” Reconsider annexation reform which will balance the powers between private property owners and municipalities. ” (pg. 71)
“Reconsider eminent domain reform to ensure fair compensation…

Private Property Rights Bills. Via Rep. Schofield.

HOAs and religious displays.
- Schofield seeks to remove restrictions related to materials & location that Hoas relied on to remove religious displays
- Schofield may seek to address the timeline of removal as it relates to an incident in Katy
Eminent Domain. Schofield’s House Bill 528
- Property Owners can buy back unused property that was taken by eminent domain for the original price
- Schofield’s bill narrows what constitutes actual progress that triggers a buy back…

4 Reasons Property Owners tout Trans Pecos Pipeline as the next Dakota Pipeline Standoff.

What’s the Trans Pecos Pipeline? A West Texas pipeline that will deliver natural gas to Mexico & the pipeline cost will be paid by Mexico so it can power electricty plants

What characteristics of the Trans Pecos pipeline that draw parallels with the Dakota Pipeline protest?

Landowners talk about court awards in the millions that they won but that are unpaid.
- The pipeline is appealing the awards.
Native Americans are getting involved to protest in Texas
The Texas land includes some…