Legal Trend: City to Use Eminent Domain to Acquire Private Water Company

Ojai California is using eminent domain to condemn the water utility that serves its community. Fed up by high water rates, the city opted for eminent domain.

Eminent Domain and the judicial system go hand in hand. The private company that operates the private water utility in Ojai, sued. The Second Court of Appeals sided with Ojai that eminent domain allows the taking of the utility so that the the utility can be operated by the local government. 

The Court went so far as …

Lege Trend: 11 States Want to Block Federal Use of Federal Lands & Federal Water Rights.

Nevada Assembly Bill 408 would require that the Federal Government get state permission to use land within the state’s borders. It would also remove state water rights from the feds. It’s a big deal in a state where more than 80% of the land is federal. The impact to Area 51 is unknown at this time. 

10 states are following Nevada’s lead.

Cliven Bundy made a name for himself in a stand off with the federal government over ranch lands in Nevada.  

adminPosted inland use, legal trend, water

Pre-Condemnation Access. Cannot Take it for Granted. NFIB Lawyers on the Case.

A California Appellate Court ruled that pre-condemantion access to private property did not include environmental and geological testing.

The land at issue was to be part of a multi-million dollar water delivery project , the Bay Delta Conservation Plan, to divert water from the Sacramento-San Joaquin Delta to Southern California. 

National Federation of Independent Business attorneys have filed an amicus brief supporting the landowner and encouraging the California Supreme…

UPDATE: Panhandle Landowners Sue State Over Putting Them in a Water District (The System Works)

A group of landowners, who filed suit against the State of Texas (TCEQ) for forcing them into a ground water district, were vindicated when the Groundwater district voted 5-0 to allow the landowners to live freely outside their groundwater district.

The landowners alleged in their law suit that they purchased land because it was not in a groundwater district and that private property rights should prevail. adminPosted inland use, legal trend, private property rights, water

Local Governmental Entity To Take Private Property. Golf Course Irrigation System.

Falconhead golf course, located in suburban sprawl outside of Austin, allegedly owes its water district $778,000. Naturally, legal action has ensued. The clincher is the Travis County Utility District is also considering siezure of the golf course’s property- in the form of its irrigation system.

 Here’s what happened:

  • The golf course and the Travis County Public Utility Agency (TCPUA) disagree as to how the golf course should use its irrigation system.
  • TCPUA…

Impact of Pipelines & Power Lines to Ranch Lands

Texans love their private property rights. It’s a toss up who loves Texas private property rights more: Libertarians? Republicans? Ranchers? Cattlemen?Farmers ?Wild Life enthusiasts?

This month’s issue of The Cattleman looks at easements for pipelines and power lines. They run through pros and cons, and here they are:

Pros of Pipelines and Power Lines Running Through Pastures:

  • “don’…

Bill Filing: Heart of Groundwater Fight Is Eminent Domain

Representative Isaac says removing eminent domain authority from a water district is the “saving grace.”  he goes on to talk about the abuses of eminent domain authority by special districts. Texas Tribune

There are 100s, if not 1000s, of special districts in Texas. Texas Legislative Council has tracks and organizes these grants of eminent domain authority. The 2012 list of special di…

Empower Texas Tackles A Water District with 4 Major Eminent Domain Woes

Empower Texas offers up a smorgasbord of eminent domain abuses by Tarrant Regional Water Board. The list:

  • Received expanded eminent domain powers through abuse of the local and consent calendar
  • The district’s majority financial focus is on economic development and not water, a public use
  •  The commissioners, who can vote in favor of eminent domain, had their terms extended without an election
  • Landowners in an eminent domain dispute uncovered eviden…