Welcome to the Future!
Who: A Virigina landowner, whose land could be impacted by a pipeline
Is doing what? Defending the pipeline. The landowner says that federal agencies, and not landowners, should determine whether a pipeline is a public benefit.
What elese does this landowner say about eminent domain? “without eminent domain, there is no civilization”
What do opponents say? “We are fighting against taking our property for profit.”
NBC 29 WVIR | Property Owner Defends Pipeline, Says He’s in ‘Silent Majority’
The majority of state Supreme Courts havve said that property cannot be forfeited before a trial by jury takes place.
Governing | Police-Seizure Ruling Puts Montana in Line With Most States
Missoulian | High court rules for jury trials in civil forfeiture cases
informed intel has seen private property rights v. religious freedom rights, in which the 1st amendment right to freedom of religion won.
Informed intel is seeing private property rights prevail in these latest rounds:
KSL | Judge consideres whether Utah’s ‘ag gag’ law violates rights
Background: In September the Pennsylvania Supreme Court denied eminent domain authoeity for underground gas storage as unconstitutional under both the state and federal constitution.
What did private property activists learn from the Supreme Court ruling?
State Impact Pennsylvania | A new front emerges in the battle against eminent domain
In supporting the newly formed texas Property Rights Initiative, the Texas and Southwestern Cattle Raisers Association representative mentioned 3 issues about eminent domain compensation:
San Angelo Standard Times | Eminent domain big concern for landowners
WHO: Texans for Property Rights Initiative includes:
WHAT is their goal: Meaningful eminent domain reform
WHERE: In Texas 95% of the land is privately owned which “puts the needs of the public in direct conflict with the rights of Texas property owners”
Mineral Wells Index | Organizations launch Texans for Property Rights initiative
The city imposing a short term rental ordinance: Nashville, TN
The highlights from the Nashville ordinance:
What was unconstitutional? The ordinance was too vague, but the 3% cap completely A-OK
Model Legislation from ALEC is moving in TN after having passed in AZ.
Reason | Nashville’s Airbnb Regulations Ruled Unconstitutional
Add Montgomery County to the list of counties that oppose eminent domain for proposed high speed rail from Houston to Dallas.
The vote: unanimous
The common theme among commissioners: An opposition to a private company seizing private property.
The resolution:
WHEREAS, Montgomery County finds that any high-speed rail lines and facilities crossing county roads is not desirable; and
WHEREAS, Montgomery County values the protection of real property rights in Texas; and
WHEREAS, Montgomery County supports all state legislative actions prohibiting the use of eminent domain for high speed rail activities; and
WHEREAS, Montgomery County and the City of Magnolia established a Sub-Regional Planning Commission to provide for the special planning needs of the area; and
WHEREAS, high speed rail crossings on county roads are a public safety concern and are an unwarranted risk to the traveling public; and
WHEREAS, several other counties, including Brazos, Waller, Burleson, Grimes, Leon, Madison, Robertson and Washington have opposed high speed railways, specifically the use of eminent domain to facilitate the activity; and
WHEREAS, Montgomery County finds that high speed rail lines crossing county roads would increase the maintenance costs for those roads;
On this the 25th day of October 2016, at a Regular Session meeting of the Commissioners Court, a motion was made to consider and approve the resolution and order opposing high speed rail in Montgomery County, Texas, the use of private property and/or eminent domain for high speed rail activities in Montgomery County.
Commissioner’s Court of Montgomery County, Texas, opposes high speed rail in Montgomery County, Texas, the use of private property and/or eminent domain for high speed rail activities in Montgomery County, and the crossing or use of county roads to facilitate high speed rail activities in Montgomery County, Texas.
ADOPTED THIS 25TH DAY OF OCTOBER, 2016
MONTGOMERY COUNTY, TEXAS& ::::::. >>>
Eminent Domain by the numbers:
Eminent Domain powers interactive map:
INSERT MAP http://www.houstonchronicle.com/business/texanomics/article/A-window-into-the-exploding-power-of-eminent-9984424.php
Houston Chronicle | A window into the exploding power of eminent domain
Gearing up for an intra-industry fight: Texas Mineral Owners vs. oil and gas industry
What’s triggering the beef between these 2 groups? Whether companies can drill horizontal wells that reach across different lease lines
From the Texas Mineral Owners’ side: Mineral Leases often prohibit pooling. Pooling is seen as:
From the oil and gas side: companies have histroically pooled adjoining leases
San Antonio Express News | Fight brewing between Texas mineral owners, oil and gas industry