Category Archives: school

2019 Texas Legislature Eminent Domain Playing Field. Who is Where & What are all these Associations?

The 2 umbrella assocaitions in the bruhaha:

  • Texans for Property Rights “dedicated to protecting property rights”
    • Texas Farm Bureau
    • Texas Assoc. of Realtors
    • Texas Wildlife Association
    • Texas & Southwestern Cattle Raisers Assoc.
    • TWITTER  (October 2016)
  • Coalition for Critical Infrastructure ” help maintain Texas’ positive business climate and quality of life by addressing our growing need for roads and highways; oil, natural gas and water pipelines; electric transmission and…

Legal TREND and Lege TREND. Are Statutory Distance Requirements a Taking?

The distance requirement at issue: Prohibiting sex offenders from living within 1000 feet from a school

What did the Georgia Supreme Court say? If a child care center opens near a registered sex offenders residence, yes it is a taking. 

Mann v. Georgia Department of Corrections,653 S.E.2d 740 (Ga. 2007) 

Lege TREND. Protecting Open Spaces by Prohibiting Eminent Domain.

Pennsylvania HB 2468 (2018 | PA) protects open space by making it harder to condemn land that is subject to a Conservation Easement.

How does this work?

  • Land subject to a conservation easement cannot be condemned unless:
  • An court says that eminent domain can be used
  • A court can only say that eminent domain can be used if:
    • necessary for the health and safety of a community
    • no other reasonable and prudent alternative

Compensation Survey. TX Eminent Domain Case. Offer $5 Million less than Special Commissioners.

Let’s look at numbers from an eminent domain case involving Conroe ISD:

Conroe ISD seeks to obtain 46 acres from a group of land owners and here’s the numbers that have been bandied:

  • Best offer from Conroe ISD:  $5.1 Million
  • Special Commissioners decision: $10 Million

What’s happening to this eminent domain case now? Neither party was satisfied with the $10 million number and both parties have appealed to district court. Oral hearing is scheduled for October 16th.

Houston Chronicle…

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

Conroe ISD to Consider Eminent Domain for High School

This week ISD Trustees voted to use the power of eminent domain to obtain 46 acres of undeveloped land to build a highschool. 

The ISD statement: “…we were unable to have successful negotiations. We are going about it in a professional manner. We have hired a top-flight appraiser and we are making a very fair offer.” The ISD streses that it only wants 6.7% of the landowners 677 acres. 

Posted byadminPosted inlocal government trend, private property rights, school

Highland Park Eminent Domain Hijinx

Highland Park ISD wants to buy land for a parking lot. They tried to buy it, but offered less than the June purchase price. The land’s owner is a developer who wants to put in town homes on the West Lovers Lane property.

This Monday Highland Park ISD Trustees approved using eminent domain, if necessary. Unless an agreement is reached, look for a lengthy legal process. [ Posted byadminPosted inappraisals, compensation, land use, private property rights, school