Regulators Block Eminent Domain for Transmission Line

The trend that keeps on growing: regulators denying eminent domain authority for private entities.

In this case, Missouri regulators denied eminent domain authority for an electricity transmission line that would run through Missouri but would supply electricity to the benefit of Kansas. 

From St. Louis Post-Dispatch:

“The Missouri Public Service Commission’s 3-2 vote to deny the Grain Belt Express project’s route stalls the entire line, which already won approval from Kansas and…

Status Check: Water Utility Seized by Eminent Domain

The ongoing Montana eminent domain fight for Missoula to take its private water utility by eminent domain has reach a new milestone. The global equity interest holder of the water utility has filed an appeal. Missoulian

The same happended recently inTexas. The year, 2014. The case,  Zachry v. Port of Houston. A global equity interest, named Zurich, stepped in to offer an opinion that sided with Zachry.  Will government contracts and eminent domain end up in court more often because of…

6,000+ entities in Texas with eminent domain authority

Way back when SB 18 passed in 2009, it required governmental & private entities with eminent domain authority to report to the Comptroller. They did, and more than 6,000 said, yes, we have the power to take private property.

This year that number will grow by at least the 150 or so special purpose districts that were created and granted eminent domain authority. 

Entities with Eminent Domain Authority Comptroller Database

Property Rights Trend Grows: Asset Forfeiture

TPPF has been talking reforming aset forfeiture for a couple years now, and now the CLU and Grover Norquist have joined forces to bring us Fix Forfeiture, a 501(c)(4).

Here’s what Fix Forefeiture wants to fix:

  • Ensuring that no individual can have property forfeited without first being convicted of a crime.
  • Addressing conflicts of interest created when the government agency responsible for an asset forfeiture retains those assets.
  • Adding due process protections for the individual…

10 Years Post- Kelo. The Libertarian Celebration Lives

Libertarians and private property rights activists will not stop talking about Kelo. There are books and movies afoot about Kelo.

During this week’s 10 year anniversary, the libertarian presses were on fire:

Win for Raisins is a Win for Property Rights

Just Compensation for Raisins. Raisins Stand United. California rainsins grew up to be activists that won.

The US Supreme Court ruled in support of raisin producers this week by striking down a New Deal Era provision that allowed the FDA to take a certain portion of raisin crops to control raisin prices. 

The FDA exercised this taking in 2002-2003; opening the U.S. market up to foreign raisins.

Do you know where your raisins come from? The Supreme Court favors them coming from the US….

Eminent Domain to Protect Against Flooding

On 2 separate coasts, 2 separate governmental entities are moving forward with eminent domain to build new water projects to protect cities from flooding.

How many condemnations does it take to build high speed rail?

California is actively building high speed rail. This week the State Public Works Board approved its 246th condemantion resolution since 2013. Fresno Bee

Not only is aquiring land time consuming, but California’s experience is also teaching us that high speed rail is a lengthy process. To move high speed rail along more quickly, the California legislature added a budget rider that will:

    …

Denbury 6+ Years of Common Carrier Status in Dispute

Earlier this month, Denbury appealed the most recent appellate decision in its case aginst Texas Rice Land Partners. Denbury argues that the Court of Appeals did not follow the Texas Supreme Court’s test for common carrier, estbalished by this lengthy legal saga.

Denbury goes on to argue that the TX Supreme Court has new common carrier issues it needs to look at too. Such as- Is there common carrier status in §2.105 of the Texas Business Organizations Code?

Common Carrier: …