Pipelines v. Farmers. 4 Recommendations to Level the Playing Field.

Where is this happening? Far North Texas, also known as, Colorado. Weld, County, CO

What issue is this editorial confronting? Pipelines that traverse farm land.

What recommendations do they have for pipelines?

  • eminent domain is a privilege, not a threat
  • eminent domain is not a bargaining tool
  • fields should be left in good condition, no cheating on what soil is used for backfill
  • avoid careless mistakes like using sandy soil

The Tribune of Greeley & Weld County, CO | Tribune opinion: Regulations regarding pipelines provide right balance

Billboards. Property Rights. Free Speech Rights. Texas Court of Appeals Opens Doors for Billboards.

Which Court of Appeals? 3rd Court of Appeals in Austin

What did the Court do with the Texas Highway Beautification Act? Struck down key portions of the Act, specifically Subchapters B and C

For those who love statutes: Subchapter B REGULATION OF OUTDOOR ADVERTISING GENERALLY & Subchapter C LICENSE AND PERMIT FOR OUTDOOR ADVERTISING

Why were these subchapters struck? unconstitutional content based restrictions on free speech

Houston Chronicle | Core of Texas highway sign ban tossed by appeals court

Auspro Enterprises, LP v. Texas Department of Transportation 03-14-00375-CV

Meet Texas New Eminent Domain Crusader.

How does a landowner whose land is in the path of a proposed water pipeline cause a legal quagmire? Create a special district- a Conservation District.

How do 2 special districts resolve eminent domain over another’s land? The courts are deciding whether the land can be taken.

What have the courts said about dueling eminent domain authority of special districts?The TX Supreme Court ruled in favor of the Conservation District lands on a procedural issue, and now the issue of eminent domain taking is back before the trial court.

Who is the new eminent domain champion? Monty Bennett

D Magazine | A Gentleman Rancher’s Guide to Fighting Tarrant Regional Water District

Sharing Economy. Local Government Bans Short Term Rental Ads. Lawsuit Ensues.

The city: Santa Monica, CA

The short term rental regulations: 

  • No advertising
  • Requires internet providers to provide information about those posting short term rentals for rent
  • Home owners must be home during the rent
  • Home owners must have a business license to operate as a short term rental

the lawsuit: HomeAway & AirBnB sued in federal court asserting 1st Amendment free speech violations, violations of the Communications Decency Act & the 4th Amendment 

Law360 | HomeAway, Airbnb Sue Santa Monica Over Ad Ban

Engadget | Airbnb claims Santa Monica ban violates the Constitution

Bonjour. Texas Eminent Domain Database. 3 Key Points. 1 Entity Type. 1488 Authorizations of Eminent Domain.

Access the database here: Comptroller’s Online Eminent Domain Database COEDD

Search by: 

  • Entity Name
  • Entity Location
  • Entity Type:
    • City 
    • County
    • EDC
    • ISD
    • Municipal Water, MUD, Irrigation District…
    • Other special district- emergency services, hospital district….
    • Pipelines and related
    • Telecommunications and telephone
    • Railroads

By the numbers:

  • 408 results in pipelines
  • 54 results in communications
  • 98 results in other special districts
  • 1488 results in water districts
  • 195 EDCs with eminent domain authority

KOSA CBS 7 | Eminent domain database now available for public use

Orange Leader | Texas Comptroller Glenn Hegar Announces Eminent Domain Database Ready for Public Use

San Marcos Daily Record | Eminent domain database launched

Kingsville Record | Eminent domain database launched

 

Update. Epic Eminent Domain Showdown. The Pros. The Cons. The Arrests.

The Number of Arrests: 38+

The Native American arguments against using eminent domain for the pipeline:

  • harm to a Native American cutural site
  • harm to the tribe’s water supply

The number of courts involved:

  • The tribes sued in D.C. federal court for an injunction to stop the pipeline
    • the court is epxected to rule Sept. 9th
  • The pipeline sued in federal court in Iowa to stop the protestors
    • the court denied this request

Wall Street Journal | Pipeline Protests Bring Dozens of Arrests in Iowa, North Dakota

Previously on InformedIntel, August 25, 2016:

The Nakota, Lakota and Dakota Nations are mobilizing to halt a pipeline. It is a peaceful protest that prohibits weapons.

Captured on video, its the tribes the largest mobilization in 140 years. The Native Americans are protesting a pipeline across their sacred lands.

NY Times Video | American Indians v. Dakota Pipeline 

Update: Special District Moves to Condemn Private Utility on the Left Coast.

The local governmental entity: South San Joaquin Irrigation District

The private utility: PG&E facilities in  Ripon, Escalon, and Manteca

The purpose for condemning the private entity: Saving the residents of the irrigation district at least 15%

Current status: In July the irrigation district filed eminent domain proceedings

The potential attorney fees: Looking for a guide to the Missoula, MT eminent domain acquisition of a water utility, attorney fees could be more than $14,000,000.

Lexology | Nossaman LLP | Municipal Condemnation of Privately Held Utilities Continues to be a Hot Issue, but at what Cost?