Category Archives: railways

Campaign Trend. Eminent Domain. 3 Key Reforms Touted.

What eminent domain reforms are being touted by a campaign?

  • Deny eminent domain to private entities
  • Shift Burden of Proof from the land owner to the condeming entity
  • New Standard for Public Use:
    • ​a “purpose wholly for public use and necessity”
  • Good Faith Negotiations by condeming entities
  • Require a condemning entity to evaluate:
    • health and safety impacts of their project
    • weigh impact of alternatives to those requiring condemnation

Concord (NH) Patch | Rubens Proposes…

INTERIM. Does the Economic Impact of Texas High Speed Rail Support Eminent Domain?

What great economic gains does Texas Central Rail points to with high speed rail? 

  • $36 billion economic impact over 25 years
  • TCR will pay $2.5 billion in taxes to state, counties and local governments
  • The $10 billion project is a job creator, providing 10,000 jobs a year during the four-year construction phase and an additional 1,000 jobs, once the train is in operation.

What does Grimes County Judge say about economic benefits and the impact to eminent domain? Irrelevant. “The power of…

2 States Republican led Legislative and Regulatory Actions Kill Pipeline.

Which pipeline was scrapped citing legislative reasons? The Palmetto Pipeline set to run through South Carolina, Georgia and Florida

What caught the attention of the legislators and regulators? Whether a pipeline that traverses a state, without providing product to that state, can give the state a public benefit.

What was the action by the states on a legislative and regulatory level? Permits were denied & legislators paused the use of eminent domain by private entities so that the…

3 Steps to Use Eminent Domain to Bypass Restrictive Covenants

How does a condeming entity bypass a covenent that restricts railways on their property? 

  • Get your company designated as a common carrier by the TCEQ
  • If you’re a quarry in Texas and need to move rocks, have a relationship with a nearby rail
  • Have the railway use common carrier status to condemn land to “overcome restrictive covenants jointly entered by 43 property owners”

Tah, dah… Eminent domain by a private company in 3 steps thwarts restrictive covenants by land owners.

San Antonio…

3 Reasons Land Owner Complaints on Eminent Domain Are Getting Old. Dallas Morning News.

In an editorial laying out why the Dallas Morning News opposes the Brazos Valley Council opposition to high-speed rail, there’s quite a statement about eminent domain.

From the editorial: ” But the eminent domain scare tactic is getting old.”

Why is the “eminent domain scare tactic getting old?”

  • eminent domain is a quagmire for both sides
  • because condemning entities want to settle, that could strengthen land owner negotiations over price
  • landowners will still get to use their property

…

Campaign Trend: Shaming Eminent Domain Bills. 4 Bits Informed Intel.

  • The Toth v. Brady Congressional race is a he said/he said brawl over who opposed high speed rail first
  • A Toth mailer says Brady authored & voted for eminent domain for high speed rail as a state representative in 1993
  • Brady says the 1993 bill removed eminent domain from pirvate companies building high speed rail
  • Political Scientists call it grossly inaccurate

Your News Houston |  Brady: Toth high-speed rail mailer a ‘lie’

Fox 26 | Eminent Domain Attack advertisement deemed grossly…

TAMU Student Senate Passes Resolution Opposing Eminent Domain. 3 Elected Officials Speak Too.

Why does Texas A&M Student Senate oppose eminent domain? The proposed high speed rail that would traverse rural Texas triggered the vote

What did the elected officials, who were present, say about eminent domain? “Their resounding message was that voting in favor the Eminent Domain Opposition Act is akin to advocating for the protection of property owners.”

Which State Representatives and State Senators participated in Texas A&M Student Senate eminent domain debate?

  • Sen. Charles…

State Eminent Domain Power for Rail has 1 Congressman Calling for A.G. Paxton to Act. 5 Key Points.

  • Congressman Kevin Brady is encouraging legislators to seek an A.G. Opinion on high speed rail in Texas
  • What’s the issue that has Brady up in arms? Eminent Domain. Specifically state granted eminent domain powers.
  • Who recevived the letter from Congressman Brady? 
    • Charles Schwertner
    • Trent Ashby
    • John Otto
    •  Leighton Schubert
  • What is Congressman Brady’s concern? Whether the rail works for local communities, and he does not believe a rural train route works for local communities
  • its…

How many Eminent Domain Actions? How many Acres Condemned? How many miles of Rail built?

California High Speed Rail Authority is in the throws of building the first stretch of rail, here’s where the project stands:

  • 305 eminent domain actions since December 2013
  • Acquiring more then 1,160 acres in Fresno, Kings, Madera and Tulare counties by eminent domain
  • 29 mile stretch of rail

Fresno Bee | More properties up for condemnation for high-speed rail

California High Speed Rail Authority | Construction Package 1: Work is Underway

Comptroller's Eminent Domain Data Base Getting Attention

Wharton area residents are reciving information on Comptroller Hegar’s legislative enacted Eminent Domain transperancy data base set to go online soon. 

Wharton Journal Spectator | New law promotes transparency for eminent domain

Comptroller Eminent Domain Transparency Project