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Landowners are on a winning streak with private property rights arguments in Texas courts. Most wins occur when a private company, like a pipeline, uses eminent domain. The murky territory of private companies acting like public entities.
On December 18th, the Court of Appeals for the 9th District will hear oral arguments in a case between land owners and a pipeline. These landowners won with the Texas Supreme Court. The Supreme Court sent common carrier standards back to the a…
John Stewart took on eminent domain. It’s hilarious, as always. Here’s an excerpt:
“I am disturbed by eminent domain abuse, because I think private property rights are fundamental to who we are as Americans… I don’t we should be helping out private interests,” Cruz said. “The problem with the Keystone Pipeline isn’t the issue of Eminent Domain, the problem is the Obama administration with the stroke of a pen shut that project down.”
“What the f–k?” Stewart said before mocki…
An eminent domain attorney Steve Adler, is in a run-off race to be the next mayor of Austin. [Texas Tribune]
In an interview with a local paper, Representative-Elect John Wray expounded on his views on private companies exercising eminent domain authority:
“We would also look at a private entity having eminent domain authority, which is always problematic.” [Waxahatchie DayLight]
This week the Railroad Commission passed rules to address when eminent domain attaches to certain common carriers. The rules will become official March 1st. The fight is making a beeline to the Legislature, which historically favors private property rights.
Background: This eminent domain fight began because of court cases, which sided with landowners & private property rights. Legislation moved forward in 2013, but died on an elegant point of order. [
Posted in2013 legislation, compensation, easement, legal trend, legislation trend, pipelines/common carriers, private company, private property rights, process & procedure, railroad commission
Land ownership is to Texans like blue is to the sky. Tarrant Regional Water District (TRWD) needs to move water around to meet supply demands. The project is expected to cost $2.3 Billion in tax revenues. Two big flags in this fact pattern: The land TRWD needs is owned by private citizens who want to… Ron Kirk will serve as senior advisor. He joins Robert Eckles and Tom Schieffer. Central Texas Railway has been hosting public forums to discuss its projected Dallas to Houston route. Landowners along the route have raised concerns. Building the bullet train requires land. Most land in Texas is privately owned by Texans, who love their land. Acquiring land presents challenges. [
Posted inprivate company, private property rights, railways
Highland Park ISD wants to buy land for a parking lot. They tried to buy it, but offered less than the June purchase price. The land’s owner is a developer who wants to put in town homes on the West Lovers Lane property. This Monday Highland Park ISD Trustees approved using eminent domain, if necessary. Unless an agreement is reached, look for a lengthy legal process. [
Posted inappraisals, compensation, land use, private property rights, school
D.C. needs a stadium home for D.C. United. Its futbol, or what the world, except for the U.S., calls football. D.C. has a property swap in mind, but hesitancy in D.C. leadership leads to speculation of eminent domain. Speculators surmise that eminent domain would be more costly (lots of lawyers) and would take more time than to purchase or swap land to build a stadium. [Soccer America
2014 has been the year of eminent domain protesting. There were farmers who planted crops to spell out their protest, a Willie Nelson rally, and old fashion protestors. Public meetings have been shut down by the fire marshall. Protestors are loud. They want their voices heard. The latest protest rally is in response to a Houston based pipeline company that wants to build a pipeline in Massachusttes. The protest brought together property rights activists, environmentalists, land o…Eminent Domain Extrapolated: A grand jury, open record requests, campaign contributions & more
Ron Kirk joins Project to Bring Bullet Train to Texas. Land Needed to Build it.
Highland Park Eminent Domain Hijinx
Stadium Building: With or Without Eminent Domain
Protest to Stop Pipeline