Welcome to the Future!
In an effort to keep utilities off private lands for surveying, bills in Virginia look to reign in the ability to survey within eminent domain powers.
Democrats are lining up to defend the utilities right to access private lands. Republicans are lining up on the other side.
Republicans also want utilities with eminent domain authority subject to open records. Watchdog.org
Information Intelligen…
Claremont, CA is aquiring the local, private water company through eminent domain.
71% of Voters in November approved the use of eminent domain by the city. The city wasted no time to file legal action. It is believed that if the city aquires the water utility, rates will decrease. Claremont Courier
Land ownership is to Texans like blue is to the sky. Tarrant Regional Water District (TRWD) needs to move water around to meet supply demands. The project is expected to cost $2.3 Billion in tax revenues.
Two big flags in this fact pattern:
The land TRWD needs is owned by private citizens who want to…
A Florida city wanted to protect seagrasses. So, it prohibited docks to promote seagrass growth. Property owners, with riparian rights, wanted to build docks to access the water. The conflict ended up in court.
Landowners went to state court seeking property right protections for their riparian rights. The city moved the suit to federal courts. The 11th Circuit held that riparian rights, state based property rights, are not protected by the US Constitution. Litigants await word fr…
Claremont asked voters to approve the City condemnation of the water utility. This marks the second local government in recent months to utilize eminent domain to acquire a privately owned utility. [Inland Valley Daily Bulletin]
Refreshing our Recollection: Earlier Missoula, MT has begun condemnation process for its p…
Bragg v. Edwards Aquifer is a story about a pecan farmer who wanted to water his pecan orchards. His request for water was denied. He went to court.
The trial court and the appellate court agreed with the pecan farmer- the denial of the water permit was a taking of his private property rights and he deserved compensation.
We’re now at the Texas Supreme Court. The landowner has won twice. The response brief is due December 22nd. Time will tell whether denying a water permi…
Usually when you think eminent domain, you think a governmental entity is trying to acquire land. The Mountain Water Company is facing eminent domain by Missoula, MT.
By all accounts, Mountain Water Company is privately owned and operated. [Missoula Independent] Legal fees in this eminent domain case for Missoula are $750,000 and th…
Briefing is underway for a controversial groundwater case before the Texas Supreme Court. A pecan farmer was denied permits to water his pecan trees by the Edwards Aquifer. The pecan farmer argues the denial of the permit was a taking of his property. For all you land use lawyers, yes, the land owner is claiming an inverse condemnation. [Bragg v. Edwards Aquifer Authority]
Refreshing Recollection: There’s another in…
Property owners on the border face eminent domain to build the border wall. It’s a tale of cattle being separated from their water source & landowners separated from their land. Lawsuits ongoing.[NPR]
A landowner seeking to route a pipeline around his property has contributed more than $235,000 to certain water board members. A handful of related lawsuits ensued. [Ft. Worth Star Telegram]