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Briefing is underway for a controversial groundwater case before the Texas Supreme Court. A pecan farmer was denied permits to water his pecan trees by the Edwards Aquifer. The pecan farmer argues the denial of the permit was a taking of his property. For all you land use lawyers, yes, the land owner is claiming an inverse condemnation. [Bragg v. Edwards Aquifer Authority]
Refreshing Recollection: There’s another in…
Obtaining eminent domain compensation for the loss of business goodwill is tricky. Just ask the business owners along 183 in Austin. When 183 was raised to above street level, businesses lost foot traffic. These businesses claimed a loss of goodwill, but the Texas Supreme Court disagreed. In California, businesses can obtain compensation for a loss of business goodwill, not all businesses owners are as lucky.
Posted incompensation, legal trend, legislation trend, private property rights
22% is a very low approval rating. Eminent domain has an image problem. A big one. President Obama has a higher approval rating. [Rasmussen] [New Liberty] The world is full of con artists. New York City area has scammers flashing fake government official credentials and threatening building owners with emient domain, if the unsuspecting owners don’t sell their buildings. Awful. Just awful to prey on property owners with fake eminent domain threats. [CBS NY] The Railroad Commission is in the midst of controversial rule making about which entities qualify as common carriers, because of last session’s HB 2748. Texas needs to move its rich oil and gas resources around the state and country. Moving oil and gas to and fro requires traversing land. Land is owned by private individuals who love their private property rights, which makes getting access to build pipelines complicated. In 2013, a bill tried to address this issue. But,many privat… Local governments are paying attention to the robust public input on a North Texas private toll road project by the Texas Turnpike Corporation. To translate lawyer speak- robust public input means angry voters. This week the town of Wylie called a special council meeting & voted to OPPOSE a private toll road, which gives the private corporation eminent domain authority. Texans don’t like private toll roads. Texans dislike private companies using eminent domain & building private t… The former mayor of Dish, Texas, tells us eminent domain Reform #1 is no more eminent domain for private companies. Texas private property rights are ranked very low nationally. Texas should look to Florida, where real eminent domain reforms have been enacted. Condemning entities pay legal bills whenever a land owner challenges eminent domain. Mean Green is an unfortunate motto when UNT is moving toward eminent domain. Headlines to come- Mean Green Won’t Give Land Owner the Green. Mean Green is Mean to Land Owner. UNT Regents voted to acquire land a Sack ’N Save sits on to build a UNT community services center. The Sack ’N Save has good freeway access. UNT wants good freeway access too.
Posted inprivate property rights
The California legislature sought to find middle ground over public beach access through a California billionaire’s property. The courts sided with the surfer’s right to beach access. The legislature sought the more peaceful resolution for the billionaire- negotiation. Governor Brown agreed and signed the bill. But if negotiation fails, eminent domain is back on the table. A billionaire wants to keep his beach private. Surfers want to surf. Never ending circle between the courts an…22% of Americans Support Eminent Domain
Eminent Domain Scammers
2013 Refresher: Common Carrier Point of Order
North Texans Not Happy Campers with Private Toll Road
Be Kind; Rewind: Ft. Worth Star Telegram Runs- It’s Time for Real Eminent Domain Reform
Mean Green UNT: Go Eminent Domain!
Surfers Blocked from Beach. Eminent Domain on the Horizon.
What happens when pipelines need to be replaced? New eminent domain issues emerge.
Pipelines age. Botox for pipelines is called replacement. When replacement means re-routing the pipeline, land owners sue. A federal district court in Pennsylvania granted summary judgment for the land owners finding that replacement requires that the pipeline use the same footprint. The Third Circuit issued a deeply split opinion that will forecast many future suits throughout the country as pipelines are replaced. The split opinion generously defines replacement. The pipeline isn’t re…