Category Archives: process & procedure

3 Recommendations for Eminent Domain Reform. Senate State Affairs.

Senate State Affairs Committee Interim Report offers the following recommendations for eminent domain reform:

  • Property Owner must be fairly compensated. Offers are often unfair, below market.
  • Property owners must be able to recover all or a portion of the costs that they incur
  • Amend the landowner bill of rights to:
    • clarify that some property may be included that the condemnor has no legal authority to condemn
    • offers should separate property that the condmenor wants to purchase and an…

Informed Intel. TPPF. 7 Property Rights Recommendations. 2017.

TPPF’s “Legislators Guide to the Issues 2017-2018” offers these property rights recommendations:

  • Shift the burden of proof to the condemning entity thereby away from the property owner
  • Reduce deference to government decisions in property rights matters
  • Restore constitutional right to own and use property
  • Texas Real Proeprty Presenrvation Act should be applied to municipalities
  • Eliminate a threshold taking amount in the Texas Real Proeprty Presenrvation Act
  • Condemining entities should…

Quick Take Property. Special District Abuse. 3 Lessons from a Plains State.

North Dakota in 2015 passed a bill prohibiting quick take of property for eminent domain. it was vetoed. An interim study was convened. Where are they now?

  • North Dakota has been experiencing abuse of quick take eminent domain by special districts building flood control projects and drainage projects
  • Recent court cases have said that water districts aren’t following proper eminent domain process
  • The Committee is set to recommend 3 solutions.

Bismark Tribune | The battle between private…

3 Reasons County Commissioner Is Displeased with High Speed Rail.

  • Folks representing high speed rail are entering land without permission
  • Strong arm tactics by folks representing high speed rail
  • The use of eminent domain by private companies like Texas Central Rail

KTRH | Is Eminent Domain Becoming the Norm in Texas?

Your Tomball News | Grimes County Commissioners vote to require high-speed rail officials to provide proof of eminent domain authority

Legal Trend. Major State Supreme Court. Compensation for Study and Assessment of Land.

The State: California

The win: Landowners who sought compensation for extensive geological and environmental testing that included:

  • multiple days of precondemantion access to land
  • over a two-year period
  • with the removal of soil borings to 150 and 300 feet

The public works project: A water tunnel under the Bay Delta as part of a new water delivery system

Matteoni, O’Laughlin & Hechtman | California Supreme Court Issues Major Ruling Regarding Landowner Compensation For Those…

Lawsuit Challenges Constitutionality of Texas Eminent Domain Process.

Which eminent domain legal fight turned constitutional? The Trans Pecos Pipeline

Why do landowners believe Texas eminent domain laws are unconstitutional under the federal constitution? Because property is deprived before due process in that land is taken before the legal issues are resolved

The potential impact of this litigation? A ruling for the landowner impacts all eminent domain processes in Texas. Potentially stopping the ability for comdemning entities to build while litigation…

INTERIM. TX Senate State Affairs. Compensation. Eminent Domain. 1 Way to End Low Ball Offers. 2 Supporting Arguments.

How to end low ball offers by Texas A&M Real Estate Center: make condemning entities pay attorney fees if the court award is x% higher than the initial offer.

Why make condemning entities pay legal fees?

  • Paraphrasing Senator Nelson- these are unfair transactions, these sellers are not willing sellers.
  • Paraphrasing TXDOT testimony- when we go to court, we usually have to pay 26% more for the property. 

Dallas Morning News | Here’s how to end ‘lowballing’ in eminent domain property…