Welcome to the Future!
An early eminent domain bill this pre-filing season: SB 178 by Nichols prohibits the use of eminent domain for recreational purposes. Quotes from Senator Nichols:
“Senate Bill 178 would prohibit state or local governments from taking private land for recreational purposes. Nichols believes eminent domain can be a last resort when considering public utility projects and other public works, but that no one’s land should be taken for bike trails or parks.”
“These bills repres…
A Florida city wanted to protect seagrasses. So, it prohibited docks to promote seagrass growth. Property owners, with riparian rights, wanted to build docks to access the water. The conflict ended up in court.
Landowners went to state court seeking property right protections for their riparian rights. The city moved the suit to federal courts. The 11th Circuit held that riparian rights, state based property rights, are not protected by the US Constitution. Litigants await word fr…
UT Regants had put Players on the eminent domain chopping block in 2004. Players was saved from eminent domain and UT ultimately paid fair market value for the property. The Austin Chronicle details the eminent domain challenges Players faced. [Austin Chronicle]
Want to see the details of an agreement between TXDOT and a private toll company delineating the private toll companies eminent domain authority? The Texas Observer delivers.
The Texas Observer also gives us this piece of trivia: “The Texas Turnpike Corporation still has eminent domain powers because it formed one day before the 1991 repeal went into effect.” [TX Observer]…
Americans love their baseball. Hartford, CT loves baseball and wants to build a new minor league stadium. The city knows where they want the new stadium, but the people who own that land disagree.
The city and landowners couldn’t reach an agreement to sell the land to the city. Naturally, the city is opting for eminent domain.
The city proposes to take 14 pieces of private property for a total of $1.98 million. The city will then turn the land over to a developer for a $350…
Texas High Speed Rail is hosting public meetings about its proposed high speed rail between Dallas and Houston. The popular topic at these meetings? Eminent Domain.
Progress that the train represents is welcomed, but property owners love their land and don’t want to be separated from it. [KPRC Houston]
Usually when you think eminent domain, you think a governmental entity is trying to acquire land. The Mountain Water Company is facing eminent domain by Missoula, MT.
By all accounts, Mountain Water Company is privately owned and operated. [Missoula Independent] Legal fees in this eminent domain case for Missoula are $750,000 and th…
On Halloween, the Texas Supreme Court set December 1st as the deadline for response to the Petition for Mandamus in Eagle Ford Land Partners. Eagle Ford Land has a judgment for $1.6Million from a pipeline company that is not satisfied. Eagle Ford is asking the Texas Supreme Court to enforcement to judgement.
Property Rights advocates from the Farm Bureau to the WildLife Association to TPPF have lined up in support of Eagle Ford Rice Partners. [
Posted incompensation, pipelines/common carriers, private company, private property rights
There’s a new WalMart SuperCenter in the works for Longview. But, acquiring the land for access roads to get to the new SuperCenter is challenging. Landowners have not agreed to sell the necessary land to build the access roads. Whether building the roadways to benefit a for profit corporation falls within public use/purpose required for eminent domain will be decided by the courts if eminent domain is used. [
Posted ineconomic development, private company, private property rights, roads
A Republican sold out landowners by passing a bill to form a special district for reservoir management. The special district was granted the power of eminent domain. This gave rise to campaign material in Alabama, a Southern property rights state. [AL.com]Eminent Domain for Access to WalMart in Longview?
Creating Special Purpose District becomes Campaign Fodder