Category Archives: process & procedure

Lege TREND. Attorney Fees. Sooner State Bill Sets New Threshold for Attorney Fees.

Oklahoma’s House Bill 2194 ups the ante on attorney fees and just compensation. The facts:

  • HB 2194 allows for an award of attorney fees if the jury award is higher than than the special commissioners.
    • Yes, you read that right, any amount higher than the special commissioners and attorney fees and costs are retreivable by the property owner.
  • HB 2194 also requires actual sales prices & actual awards to be used in just compensation calculation. 

2017. SB 742. Kolkhorst. Just the Facts.

SB 742 by Kolhorst.  Relating to requirements for a bona fide offer for the acquisition of property by an entity with eminent domain authority.

  • Requires easements to include more details on right of way, usage, size scope
  • Allows for damages related to the easement
  • Establishes 5 covenants:
    • securing the property owner’s land (locking gates etc)
    • maintaining the right of way
    • repair and restore land to the original condition or better than original condition
    • the owner shall be…

2017. Just the Facts. Kolkhorst. SB 740.

SB 740 Relating to the acquisition of property by an entity with eminent domain authority.

  • Requires disclosure of new appraisals within 10 days or 3 days before a special commissioners hearing
  • Allows a property owner to be awarded attorney fees if the amount awarded is 20% higher than the final offer
  • Defines a list of new requirements for the bona fide good faith offer such as:
    • easement details
    • right to damages from construction
  • Requiring that a condeming entity pay an award before an…

Property Rights Group Applauds SB 740 SB 741 and SB 742. Just the Facts.

3 Reasons why Texans for Property Rights support Senator Kolkhorst’s eminent domain bills:

  • Expand upon progress made in landmark 2011 eminent domain legislation
  • Senator Kokhorst worked with the group and says the bills “…give[s] all landowners the new tools and safeguards they need to protect their land from eminent domain abuse”
  • The Cattle Raisers say “Property owners continue to be at a huge disadvantage when navigating the condemnation process and these proposed reforms are a great step…

Peach State. Allow Repurchase Faster. 4 Key Points.

How long does a person have to wait to purchase property taken by eminent domain in Georgia? The proeprty  must have been put to public use for 20 years

What repurchase proposal is being considered? Immediate purchase of property tken by eminent domain for blight

What group will be most impacted by this change? minority communities

What alternative city action could mitigate this state law change?  Stronger locla code enforcement

FOX 28 | Eminent domain amendment proposal to tackle…

Just the Facts. SB 628. The Eminent Domain Package via Senator Schwertner.

  • The author list: Schwertner | Birdwell | Burton | Campbell | Creighton | Hall | Huffines | Kolkhorst | Nichols | Zaffirini
  • What it does: 
    • ​eliminates acquiring property as progress for a project that qualifies for eminent domain and thus repurchase of the property if the project isn’t moving
    • requires a condeming entity to meet 3 of 5 , instead of 2 of 7, elements that define project progress
  • What’s the hook? The talk of eminent domain being used for projects but then never…

Just the Facts. SB 626. The Eminent Domain Package via Senator Schwertner.

SB 626

  • The author list: Schwertner | Birdwell | Burton | Creighton | Hall | Huffines | Huffman | Kolkhorst | Nichols | Seliger | Zaffirini
  • What it does: Requires a separate offer for any property “not reasonably necessary to complete the public use” 
  • What’s the hook? The land in this additional offer wouldn’t otherwise trigger eminent domain 

 

5 Points. Cattle Raisers. Leveling Eminent Domain Playing Field.

The president of the Texas and Southwestern Cattle Raisers Association says the following is necessary to level the playing field for eminent domain:

  • There will be a decrease in eminent domain litigation
  • A better initial offer makes it less likely that eminent domain will result in a lawsuit
  • private property rights are of paramount importance
  • property owners are at  “a huge disadvantage” in eminent domain actions
  • To get a better initial offer, they suport adding more “details up-front for…

Texas ISD Apologizes for Eminent Domain Threat. 3 Pieces of Intel you need to Know.

The ISD: Dallas ISD

The eminent domain threat:  In Novmeber 8 businesses received letters from DISD chief operations officer with the subject line: eminent domain. The letter explained that the district is in the early stages of building a new school and may acquire their properties.

The apology: A trustee and the DISD COO both apologized to the businesses and local community in person at a public forum. 

Dallas Morning News | Dallas ISD backs away from possible school site,…

Legal Trend. No Eminent Domain for Private Companies. 3 Statements from a Judge.

The project denied eminent domain: An oil pipeline through rural Ohio

What were the judge’s objections?

  • The company pointed to a $237.3 Million economic boon and the court said economic development is not a reason for eminent domain
  • The pipeline provides no direct benefit or service to Ohioans.
  • The common carrier statute that applies to pipelines like this is an unconstitutional infringement on the property rights of Ohioans

Legal Trends in the Rust Belt meet Legislative Trends in the…