Eminent Domain and the Border Wall. 3 Things to Learn from the Existing Border Fence.

  • Eminent Domain was used to erect current border divisions.
  • Nearly all the land on the Texas border is privately owned
  • Its not going to be a fast process, the last litigation process was long and costly for the government. 

Houston Chronicle | Border residents wonder what it will be like to live in shadow of President-elect Trump’s wall

Property Owner Says Silent Majority Supports Eminent Domain.

Who: A Virigina landowner, whose land could be impacted by a pipeline

Is doing what? Defending the pipeline. The landowner says that federal agencies, and not landowners, should determine whether a pipeline is a public benefit.

What elese does this landowner say about eminent domain? “without eminent domain, there is no civilization”

What do opponents say? “We are fighting against taking our property for profit.”

NBC 29 WVIR | Property Owner Defends Pipeline, Says He’s in ‘Silent…

Legal Trend. Private Property Rights v. 1st Amendment Rights.

informed intel has seen private property rights v. religious freedom rights, in which the 1st amendment right to freedom of religion won.

Informed intel is seeing private property rights prevail in these latest rounds:

  • From the Great State of Utah:
    • ​ An Agricultural Gag Law, or “Ag Gag Law” is seeing the private property rights of agrarians be pitted against the first amendment freedom of expression rights of animal activists. 
  • From the Great State of Idaho: There’s no ruling in…

Private Property Rights. New Fronts. State Supreme Court denies eminent domain for private gain.

Background:  In September the Pennsylvania Supreme Court denied eminent domain authoeity for underground gas storage as unconstitutional under both the state and federal constitution.

What did private property activists learn from the Supreme Court ruling?

  • Economic gain by the condemnor can be a trigger for courts

State Impact Pennsylvania | A new front emerges in the battle against eminent domain

Texans for Property Rights Initiative. Who. What. Where.

WHO: Texans for Property Rights Initiative includes:

  • Texas and Southwestern Cattle Raisers Association
  • Texas Farm Bureau
  • Texas Wildlife Association
  • Texas Forestry Association
  • South Texans’ Property Rights Association
  • Texas Poultry Association
  • Texas Sheep and Goat Raisers Association
  • Independent Cattlemen’s Association
  • Texas Grain Sorghum Association
  • Plains Cotton Growers, Inc.
  • Corn Producers Association of Texas
  • Riverside & Landowners Protection Coalition
  • Texas Land &…

Legal Trend: Short Term Rental Ordinance Unconstitutional.

The city imposing a short term rental ordinance: Nashville, TN

The highlights from the Nashville ordinance:

  • Capped rentals at 3 percent of all homes within each neighborhood
  • Requires would-be renters to obtain a permit

What was unconstitutional?  The ordinance was too vague, but the 3% cap completely A-OK

Model Legislation from ALEC is moving in TN after having passed in AZ.

Reason | Nashville’s Airbnb Regulations Ruled Unconstitutional

Texas Eminent Domain Data. See What the Researcher's Did with the Data.

Eminent Domain by the numbers:

  • 5, 042   total entities with eminent domain authority
  • 211 the number of times eminent domain authority was exercised in 2015
  • 1227 the highest number of entities within a county that have eminent domain authority
    • the #1 county: Harris
  • 239 the 2nd highest number of entities within a county that have eminent domain authority
    • the #2 county: Dallas
  • 30% of entities with eminent domain power are Municipal Utility or Water Districts
    • 2/3 of the 30% are…

2017 Intra-Industry. Oil. Gas. Mineral Rights. Property Rights Cage Fight to Watch.

Gearing up for an intra-industry fight: Texas Mineral Owners vs. oil and gas industry

What’s triggering the beef between these 2 groups? Whether companies can drill horizontal wells that reach across different lease lines

From the Texas Mineral Owners’ side: Mineral Leases often prohibit pooling. Pooling is seen as:

  • tramples property rights
  • upends negotiated contracts

From the oil and gas side:  companies have histroically pooled adjoining leases

San Antonio Express News | Fight…