Category Archives: private property rights

Private Property Rights. Drone Prohibition Over Rural Private Property Reform. Read the Bill + 5 Exceptions.

SB 304 (OK | 2019). would prohibit drones over rural lands by:

  • prohibiting drones flying lower than 400 feet over rural private property

5 enumerated exceptions for drones operated by:

  • state or federal government
  • law enforcement
  • utilities 
  • oil and gas companies
  • a commercial operation authorized by the Federal Aviation Administration

Landowners could provide access to universities operating weather drones.

Talequah Daily Press | Bill would limit drones

 Tulsa Public Radio | Measure Aims…

Legal TREND. Railroads and Eminent Domain in Texas.

Which side is singing praises of a court order? Opponents to high speed rail

What is the court order? A district court order states that two companies, concerning high speed rail, “are not a railroad or interurban electric company.” The order applies to 3 counties.

Why does this matter? The power to condemn property with eminent domain is derived from the status as a railroad.

Why does the power of eminent domain matter? In addition to land aquisition, it also allows the company onto land to…

Lege TREND. Texas State Representative Eminent Domain Supports 3 Changes. Hello to you Pipelines & Transmission Lines

Texas State Representative Brad Buckley at his first townhall since the Leiglature convened made these points about eminent domain:

  • Stop companies from acquiring land with inadequate compensation
  • Disclose exactly what will be built
  • Disclose exactly what will be buried (Bonjour pipelines and transmission lines)

Kileen Daily Herald | Buckley holds first town hall since election to District 54 seat

Public Meetings for Private Eminent Domain. Transmission Lines v. Pipelines in Texas via Texas and Southwestern Cattle Raisers Association

In Texas transmission lines present a proposal to the Texas Public Utility Commission and pubic hearings occur.

In contrast, in Texas common carrier pipelines do not have similar requirements.

Texas and Southwestern Cattle Raisers Association are calling for greater transparency in eminent domain.

Morning Ag Clips | Public meetings on eminent domain a good start

Lege TREND. Constitutional Amendment Reigning in Eminent Domain + Adding Natural Gas + Utility Connections

North Carolina House Bill 3 (NC | 2019)  does 3 things:

  • removes public benefit from the Constitution and requires public use for eminent domain
  • clarifies that natural gas distribution facilities have eminent domain authority
  • clarifies that connecting customers to utilities is a pulic use

 

2 Ways Bill Strengthens Property Rights. Actual Progress Higher Standards.

HB 1253 and SB 554 (TX | 2019)  will:

  • Requires a condemning entity to fulfill 3 of 5 actions to avoid repurchase by the landowner
    • Current standard is 2 of 7
  • Eliminating purchase of adjacent property as indicative of actual progress

Navasota Examiner | Leman files bill to enhance private landowner rights 

Lege Trend. 2 Limits on Pre-condemnation Access in Texas

HB 1242 (TX | 2019) prohibits pre-condemnation access for high speed rail unless TXDOT determines that the entity seeking access is a railroad.

HB 1245 (TX | 2019) will grant:

  • landowners the ability to refuse pre-condemnation access
  • allow recoup of damages during surveying
  • landowners can negotiate terms of surveying

Lufkin Daily News | ASHBY: Legislative work begins in earnest