Feds to Answer whether High Speed Rail must follow Texas Eminent Domain Laws?

The Ellis County Press published an Op-Ed from Texans Against High Speed Rail.

What points does Texans Against High Speed Rail make in its Op-Ed?

  • Texas Central Rail doesn’t have its funding in place
  • Texas Central Rail has no problems using eminent domain to take land it doesn’t need
  • Texas Central Rail is asking the federal government whether it has to comply with Texas eminent domain laws

Ellis County Press | TCR proposes to acquire land it ultimately won’t use to satisfy investors

Lege TREND. Eminent Domain Expansion. Special Districts.

Which state is considering expanding the use of eminent domain? California

Why the push to expand eminetn domain use? To clean up blighted buildings through special districts called Enhanced Infrastructure Financing Districts

What do these Enhanced Infrastructure Financing Districts​ do with eminent domain? Combat urban blight with urban renewal projects

What does California Assembly Bill 2492 do? Expands the number of local governments that can access Enhanced infrastructure…

3 Property Owner Points. Waller County. High Speed Rail. Pre condemnation Access.

Will eminent domain be used by Texas Centeral Rail to build its Dallas-Houston high speed rail?  Only if deals cannot be reached

How did property owners in Waller County react?

  • Waller County Judge Trey Duhon: “This is a huge eminent domain issue. Texas is a huge private property right state.” 
  • A property owner turned away a precondemnation surveyor on his property & mentions their have target practice on their property
  • Reports are that deals will never come.

High Speed Rail is…

Navasota County Judge Raises New Eminent Domain Issue.

What new issue did the Navasota County Judge rise about eminent domain and high speed rail? The impact to property values for property adjacent to property that is taken by eminent domain for high speed rail.

Why is concerned about neighboring property? Neighboring property owners do not receive compensation but will be impacted by Texas Central Rail.

Navasota News 1550 | County Judge Fights TCP In Austin Trip

 

Campaign Trend. Eminent Domain. 3 Key Reforms Touted.

What eminent domain reforms are being touted by a campaign?

  • Deny eminent domain to private entities
  • Shift Burden of Proof from the land owner to the condeming entity
  • New Standard for Public Use:
    • ​a “purpose wholly for public use and necessity”
  • Good Faith Negotiations by condeming entities
  • Require a condemning entity to evaluate:
    • health and safety impacts of their project
    • weigh impact of alternatives to those requiring condemnation

Concord (NH) Patch | Rubens Proposes…

Legal Trend. 3 Markers to Support Eminent Domain from the East.

State courts in which state are grappling with eminent domain for a pipeline over landowner objections? Pennsylvania

What 3 considerations did the judge list in approving eminent domain to move forward?

  • Declaration of Taking complies with state law
  • Pipeline’s condemnation plans are “sufficient to properly identify the disputed acreage”
  • Pipeline is financially stable to pay for any potential damages

Daily Item | Judge upholds eminent domain for PPL

Tornado Recovery Leads to Eminent Domain.

How did a tornado recovery lead to eminent domain? To clean up tornado damage, a town undertook widening the main thoroughfare in a low income neighborhood

How was this project funded? Federal Funds

Were the federal government or the local government tasked with implementing the plan to widen the thoroughfare? Local Government

How well was eminent domain received at the city council? According to 1 city council member, “” I have no appetite to vote for eminent domain takings,”

WAMC…

Private Property Rights. License Plate Readers. Lesson from the Attorney General

How would a county in Texas be able to capture license plate information for the purpose of enforcing minimum libaility insurance statutes?

  • Pass a Bill
  • Give Counties specific authority to use certain equipment
  • Give counties specific purpose to use the equipment
  • Specify what the enforcement mechanism will be

How did we learn this step by step guide to county license plate reader use?  Because of Attorney General Opinion KP-0076 that answers  whether Bowie County can engage a private…

Campaign. Eminent Domain Limitations. Just Because People Like It, Doesn't Mean People Need It.

A state representative candidate in rural Utah pilloried using eminent domain for hike and bike trails saying:

““If its on a master plan, we’ll do what we have to do … but not just to run a trail that people think would be nice to have.”

Standard Examiner | Utah Republican Convention 2016: 3 northern Utah races contested Saturday

Private Property Rights in Cable Boxes.

Who is making an argument about private property rights in cable boxes? Grover Norquist 7 Americans for Tax Reform

What sparked the private property rights argument? A rule change by the FCC which Norquist says would allow 3rd party to change and access content on cable boxes

What’s the issue really? Whether programming apps, like netlfix, Hulu, etc…, must be accessible by cable boxes.

What’s the argument by Norquist really? Cable companies have property rights in their cable boxes,…