Justice Scalia Compares Taking Private Property to Communist Russia

Raisin growers were before the US Suprmee Court arguing that a law allowing the government to take their crops, without just compensation, is unconstitutional.

During the New Deal, farmers got a raw deal. The 1937 Agricultural Marketing Agreement Act permits the taking of crops to shore up prices.  The great raisin caper of 2015 led the Justices to offer colorful fodder:

  • Chief Justice Roberts described the law as ““You come up with the truck and you get the shovels and…

Bill Action: Civil Forfeiture is the New Eminent Domain

This week House State Affairs Committee heard testimony from Matt Miller, of the Institute of Justice. He drew comparisons between eminent domain and asset forfeiture.

He compared the government’s ability to take property from innocent Texans without charging them of a crime with the ability of the government to take property from innocent Texans for a public use under eminent domain. 

Refreshing our Recollection: The Institute for Justice is the the group of attorneys that…

Transmission Lines Incite Eminent Domain Fears. County Denied & Retracts Consent.

Missouri is grappling with the Grain Belt Express Clean Line, a transmission line to move wind energy. The majority of county governments and land owners have not approved the transmission line.

Right now the transmission line is tied up in the Missouri version of the PUC, and the drama is rising.

Ralls County has become engaged in the statewide regulatory approval of the transmission line. The county went so far as to make clear that it has never consented to the the trans…

Pre-condemantion Access: 100 Landowners Block Pipeline Access. Pipeline Sues. Law Sides with Landowners?

In the West Virginia mountains, a fight is brewing between a pipeline and 100 landowners over access to land.

The pipelines say they need access to the land to comply with federal requirements. 

The landowners say that the access the pipeline wants exceeds what is allowed under West Virigina Law in at least 3 ways:

  • West Virginia code is limited to  examining, surveying, and laying out lands for easement
  • Only a governmental body may enter and bring mac…

What not to Say at a Public Meeting in Houston: We Will Take The Property By Eminent Domain

Houston Metro plans to sell a closed park and ride to the Houston Housing Authority. HHA wants to build a 300 unit development. 

In a public meeting about the sale and development of the vacant park and ride, HHA said that if the property is sold in a private sale, HHA would use eminent doamin to acquire the property. Property owners reaction was predictability not thrilled, who prefer a private sale of the property. adminPosted inactivism, private property rights, special districts