2 Texas Eminent Domain Opponents that moved Dallas City Council to Make 5 New Eminent Domain Changes

What oppositions to eminent domain influenced new eminent domain protocols in Dallas?

  • Texas High Speed Rail’s “substantial muscle”
  • Marvin Nichols Reservoir’s “powerful East Texans have joined in the “no more bullying” cry”

How has Dallas City Council adapted its eminent domain protocols?

  • “delay the votes [ on  a waste water project eminent domain ] and instead demand that City Hall start doing business differently”
  • concerns over relocation costs, and adequate compensation to purchase…

Hess Triangle. How Eminent Domain Battle Created NYC's Smallest Piece of Property. Hint: Check Your Property Surveys Before you Condemn.

What’s Hess Triangle? A triangular piece of property that is 25.5 inches by 27.5 inches by 27.5 inches. 

What? How can this two foot triangle exist as private property in NYC? Go to corner of Seventh Avenue and Christopher Street and you’ll see it

How did this small piece of property emerge from an eminent domain fight? In 1910, NYC was extending the Seventh Avenue Subway Line. A property owner named Hess owned a 5 story building in the path of the new subway extension.

What did the…

Lege Trend: Constitutional Right to Attorney Fees in Eminent Domain

A state constitution guarantees attorney fees in eminent domain? Yes, the Florida constitution does.

What’s the goal behind this provision? A landowner should not be placed in a worse position after eminent domain

Can this provision go awry? Some Florida attorneys believe so.

What loophole exists for constitutional protection for attorney fees in eminent domain proceedings? When a condemning entity does not play fair and forces needless and endless litigation. The Florida courts…

4 Ways a Legal Trend Pushed an Activism Movement that Forever Empowered Land Owners Against Pipelines.

  • Eminent Domain. Kelo. Lives. Limited Partnerships in pipeline development are still uneasy about access to land via eminent domain
  • Texas Rice Land Partners v. Denbury case empowered landowners to challenge pipelines
  • Legal Process means “significant legal costs and project delays”
  • Ted Cruz the face of Texas politics is no longer business conservatives but is a firebrand

Trib Talk  Bracewell & Giuliani | Obstacles to pipeline development highlight Texas’ conservative split

Legal Trend: Quick Take Property When Not Building Roads? Court Says No. How Texas Fits into the Mix.

What’s a quick take? Once an eminent domain suit is filed, the entity exercising eminent domain claims ownership of the property.

Where is this Court that’s limiting quick take of property rights? Ohio

Is the court saying no quick take, that the courts have to decide before the property ownership can transfer to the condemning entity? No, the court says the Ohio constitution limits this ability to the taking of land for roads only.

How does this apply in Texas? In Texas, once an…

Trend: Texas Groups Opposed to Eminent Domain by Private Entities. 3 Point Message with 3 Targets

The Texas Wildlife Association via the Hill Country Alliance raises the issue of private companies and eminent domain.

3 Points are stressed:

  • That eminent domain is traditionally only exercised by government officials
  • That eminent domain must have public accountability (elected officials only?)
  • That Texas grants too many entities eminent domain authority. Specifically:
    • gas or electric corporations
    • groundwater conservation districts
    • common carrier pipelines.

Hill Country Alliance…

Advertising for Eminent Domain Protestors

Pipeline protesting proliferates the Northern Plains. The most recent rally cry is a purchase of billboard ad space along the proposed route of a pipeline. 

Dakota Rural Action purchased the billboards to get citizens engaged.  The determination whether to award eminent domain to the common carrier in the permitting process.

Considering the string of recent denials of eminent domain authority to private entities, like a pipeline, in the last few months, the billboard ad buy is a smart…

Legal Trend: 6 Month Beach Erosion Taking for Stormwater Drain. Ends with Big $ Win for Landowners.

Long Beach Township took property from 7 beach front owners for a storm water project. Long Beach Township asserts it did so because a state agency told it to do so. A natual reply as that explanation worked well with our parents as 9 year olds- so and so made me do it. 

The beach project was voided, a win for landwoners.  But, since an eminent domain qualifying project was involved, the state & local government were able to start accessing the property from day 1.

The landowners also…

Lege trend: 2 Step Agency Approval for Pipeline Eminent Domain

The South Carolina Attorney General issued an opinion asserting that a pipeline probably does not have eminent domain authority which sent legislators into overdrive. 

The proposal floating around would require an oil and gas comapny to get approval from:

  • The head of the state Department of Health and Environmental Control
  • The head of the  Public Service Commission (its  7  members are elected by the Legislature)

Augusta Chronicle

Eminent Domain Use. Interview Question for New Texas City Manager.

During the vetting process, the new Ferris City Manager was asked about his stance on high speed rail, bouyed by allusions of the use of eminent domain. 

Ellis County Commissioners Court opposes the high speed rail plan, in part because of the impact on farm land and the use of eminent domain.

Sherman, the new city manager, said he will be too busy running the city to get into politics like high speed rail.

Waxahachie Daily Light