Category Archives: private property rights

Lege Trend: Higher Constitutional Standards for Condemning Entities

A quickly moving constitutional amendment in North Carolina makes it harder for condemning entities to take private property using eminent domain.

How does it increase the burden on condemning entities? By limiting eminent domain to public uses- roads, court houses, schools, and prohibiting eminent domain for projects that do not have a clear public use.

Its a proposal also beloved by private property rights proponents in Texas.   Posted byadminPosted inlegislation trend, private property rights

Activist Alert: Death of Democracy. March Protesting Pipeline Eminent Domain

In the last year, opposition to eminent domain has turned more vocal and more public. Opponents have:

  • Hosted concerts & parades with world renowned musicians (featured Texans)
  • Shut down public meetings with overflowing crowds (occurred in Texas)
  • Consistently encourages city councils and county commissioners to vote in favor of land owners and against private entities using eminent domain (occurred in Texas)

This week we have “”Death of Demo…

Bill Filing: DNA Gets Private Property Rights & Civil Penalties.

HB 1220 by Laubenberg establishes private property rights for a person’s DNA and RNA.

Without informed consent, DNA and RNA cannot be:

  • collected
  • tested
  • retained

If DNA and RNA is collected, tested, or retained without informed consent, the Attorney General may seek injunctive relief and a civil penalty that is tied to profits.   HB 1220

Eminent Domain & Stadiums Like Oil & Vinegar.

Eminent Domain and stadiums is a controversial. Eminent domain by its self it controversial. Add in publicly funded stadiums and the controversy goes from jalapeño hot to ghost pepper hot.
 
Boston has decided to not use eminent domain to build the 2024 Olympic Stadium using eminent domain.  
 
Local governments declaring no eminent domain is very trendy.  Boston did it. North Texas cities did it this fall in protest to the Texas Toll Autho…

Private Texas Company Using Eminent Domain Called A Threat. Government Overreach.

Put 800 people together, many of whom are conservative, and momentum builds to oppose a  private entity from using eminent domain to build a new transportation network.

What don’t people like about private companies using eminent domain?

  • Rep. Will Metcalf: 

    “I am not a happy camper,” said state Rep. Will Metcalf, R-Conroe, adding he is frustrated by the lack of transparency on the project. “They are moving forward and we need your help.

    “I don’t believe pr…

Social Media Brings Down Eminent Domain in TX Town.

Flower Mound would like to acquire land to join two “business” thoroughfares. The land owner objected to eminent domain to join businesses & wants to negotiate an easement.

Controversy stirred and generated 400 Facebook & public comments over a weekend, such as:  “This is a battle about the heart of Flower Mound.”

City Council pulled the agenda item. The City says it followed the letter of the law and has been negotiating with the land owner.

Posted byadminPosted ineasement, private property rights, roads

Eminent Domain, a Retailer, & a Road. Public Use? Public Outcry.

Rowlett has a new Sprouts store. People need to get to the new store. Rowlett is considering eminent domain to access to the new location. This translates to acquiring private property to help people get to more private property. 

What’s the hiccup? 

  • If you ask the attorney for the property owners whose land may be taken says it’s: “Basically, what you would be doing is condemning one private property owner’s land to benefit another private property owner.”

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Eminent Domain to Retain Employers?

St. Louis is considering using eminent domain to retain a local employer, the National Geospatial Intelligence Agency. 

The Supporters Say:

  • The City will lose 3,000 high-paying jobs 
  • The City will see reduced tax revenue if the employer leaves
     

The Concerns:

  • Using eminent domain against homeowners
  • Locals want the area to remain residential, and not become commerical property

Posted byadminPosted ineconomic development, land use, legislation trend, private property rights

County Stops Pipeline. Private Company Crossing Private Lands Causes Concern.

A County in rural Pennsylvania is intervening to stop a pipeline that is proposed to cross private property. Amish are a strong stock. You don’t want to mess with them. 

20 of 26 townships also seek to stop the pipeline project after hearing tales about the impact of eminent domain proceedings against century old farms & decreasing property values. 

Stan…