3 Points from Eminent Domain Activists vs. High Speed Rail

Activists opposed to Texas Central Rail proposed high speed rail between Dallas and Houston make the following points:

  • Obsolete technology in high speed rail
  • No public benefit from high speed rail
  • Private Property rights are held in high regard in Texas

Houston Chronicle | Protester of proposed Houston-Dallas high-speed rail line shouts “remember Pearl Harbor”

3 Reasons County Commissioner Is Displeased with High Speed Rail.

  • Folks representing high speed rail are entering land without permission
  • Strong arm tactics by folks representing high speed rail
  • The use of eminent domain by private companies like Texas Central Rail

KTRH | Is Eminent Domain Becoming the Norm in Texas?

Your Tomball News | Grimes County Commissioners vote to require high-speed rail officials to provide proof of eminent domain authority

TREND. New Tool for Local Governments? County Building Permits to Stop Eminent Domain.

Which County wants to require county permits before construction on high speed rail may begin? Grimes County, Texas

Is the proposal supported by state lawmakers? Yes. Support has been indicated by Sen. Schwertner, Rep. Schubert, Sen. Birdwell, Rep. Ashby & Sen. Kolkhorst

What would trigger a permit? Any construction crossing a county right of way

What would the application include? A requirement that the entity has state or federal authority to use eminent domain

Are other counties going to follow suit? Yes 

WTAW News Talk 1620 | State Lawmakers Support New Grimes County Requirements For Bullet Trains

Civil Asset Forfeiture. Law Enforcement Impacted by Property Rights.

How civil asset forfeiture can impact law enforcement:

  • Patrols may be altered to focus on routes that move cash, and not on routes that move illegal goods.
  • Citizens won’t challenge the seizure of small amounts of cash or old cars creating a revenue source of $4.5 billion in 2014, nationwide

Governing | Civil Forfeiture Laws Pit Police Versus Everybody Else

Property Rights. August 15th Deer Breeder Rules Effective. 9 Points Informed Intel.

The new regulatory framework for deer breeders includes:

  • Newly created Interim Breeder Rules
  • Clarifies that Chronic Wasting Disease (CWD) management zones function “on their own terms”
  • Moving deer requires a designation for a facility as Movement Qualified (MQ)
  • Only vets can collect samples for ante-mortem testing
  • Provides for ante-mortem testing of all deer, eliminating the 16 month residency rule
  • Provides for year-round submission of ante-mortem test results
  • Post mortem testing samples can be obtained by a vet, a TAHC-certified CWD sample collector, or someone approved by the TPWD
  • Establishes a 3:1 ratio for ante-mortem test results that may be substituted for post-mortem test results
  • Creates 3 levels of breeder facilities TC 1 (lowest risk), TC 2, and TC3 (highest risk)

Texas Parks and Wildlife Department Chapter 65 Proposed Rules Effective August 15, 2016

Property Rights. Case Study Denton.

Let’s look at how NBC News portrayed the local fracking ban in Denton:

Words used to describe those opposed to fracking: 

  • NBC’s words: 
    • not a lot of experience
    • committed
    • driven
    • “inspiring victory for grassroots organizing and local democracy”
  • The supporters description of the opposition:
    • “were in Vladimir Putin’s pocket and were trying to protect Russia’s share of the global natural gas market”
    • People in Denton ” lacked the sophistication to address technical matters like fracking”

Words used to describe those supporting fracking:

  • NBC’s words:
    • “the views of ordinary people don’t count for much”
    • ruthless conservative power grab
    • “runs roughshod over the authority of local governments to determine the direction of their own communities”
  • The fracking opponents description of the supporters:
    • . “I was worried about fracking to start with. But now I’m worried about democracy.”

The trigger that started the opposition to fracking: Drilling wells in “quick succession across the street from a playground, a hospital, and a row of homes”

NBC News | What Happened in Denton. The War on Local Democracy

INTERIM. Sharing Economy. Statewide Short Term Rental Regulation in the Land of Technology.

What’s happening with short term rental regulation in California? The Legislature is pursuing statewide regulation

What do home sharing comapnies like Home Away and AirBnB support? A tax collection bill, SB 1102

Why do cities and labor groups oppose in SB 1102? It shields the names and addresses of their hosts

The Recorder | Five Bills to Watch in the California Legislature

Legal Trend. Clear Public Necessity.

The Court: New Jersey Supreme Court

The eminent domain: Taking a personal residence by the  Casino Reinvestment Development Authority

The Court Ruling: There is no public use, and no legislative authorization, because the special district didn’t have a clear plan

Washington Post | Court strikes down taking that is “a manifest abuse of the eminent domain power”