Eminent Domain. Church. Texas. Competing Constitutional Rights + Compensation Dispute.

Where in Texas is a church facing potential eminent domain situation?  Longview

What is the discrepancy in compensation?

  • The city offered offered $1,049.50
  • An appraiser has appraised the value of the land to be taken at  $71,209.00

What trends have been happening with eminent domain & churches?

  • The City of Houston in 2015 backed away from a plan to include a church in an eminent domain qualifying housing project
  • Courts in Kentucky have said that the church’s 1st amendment rights trump a government’s ability to use the 5th amendment to take private property.

KXXV TV 25 | Church owners resist Longview taking by eminent domain

#1 Reason. Land Owner Says No to Vista Ridge Offer.

Is eminent domain on the table for the Vista Ridge Pipeline connecting to San Antonio Water System? YES

What does SAWS predict as a reason to say No to a Vista Ridge purchase offer? Rural lands that have been in a family for generations.

What does a landowner in the path of Vista Ridge say is his concern and reason he opposes Vista Ridge? His land’s water well drops. The background:

  • This property owner’s water well dropped 17 feet when Blue Water, a member of the Vista Ridge Constorium, began pumping water in the area
  • His well water dropped 20 feet in 1989 when Alcoa plant began operation

San Antonio Current | Landowners Who Resist the Vista Ridge Pipeline Could Face Eminent Domain Battle

Post Mortem. Eminent Domain Bill Requires Purchase of Neighboring Land.

What state was moving a bill that would require natural gas pipelines to buy any land within 250 feet of a natural gas line? New Hampshire

Would the natural gas comapny be required to by all or part of the land? All of the land as long as part of the land was within 250 feet of a natural gas line?

How far did the bill get? Passed through one legislative chamber, died on the last day of consideration of bills in the second legislative chamber. 

Eagle Tribune | Lawmakers kill new police funding, eminent domain bills

 

Local TREND: Owner Builds. City Takes Part of Owner's Land in Exchange. 4 Pieces of Intel to Keep you Informed:

Which city is trading building permits for land? The City of Perris, California

What was the city’s policy? Its called a dedication requirement. Here’s how it works:

  • Property owner wants to build on their property.
  • Property owner needs permits.
  • City takes part of your land when you get your building permit

Why is the City of Perris taking land when permits are issued?

  • To suppress the fair market compensation value of land
  • Later, the city will take more of the owner’s land via eminent domain
  • But, by taking land in exchange for the permit, the city is lowering the value of the land

Is there a pending legal case? Yes

  • Land owners had agriculture land that was also zoned for light industrial use
  • A Lowes distribution center needed an access road
  • because of the dedication requirement, the land needed for the access road is valued as agricultural land, and not its highest and best use of light industrial use

Pacific Legal Foundation | City of Perris v. Stamper update

Private Property Rights. Drones Overhead. 3 Arguments For Allowing Drones on Private Property.

  • Curtailing drone use kills innovation
  • Existing legal recourse for the privacy violations touted by drone legislation supporters
  • Keep off my lawn is not governing when  the future of our delivery infrastructure is at stake

The Wall Street Journal | Should You Be Allowed to Prevent Drones From Flying Over Your Property?

INTERIM. Private Property Rights. 3 Trends Changing the Definition of Special District.

  • New IRS regulations
    • will make it harder for special districts to borrow money tax-free
    • IRS says special districts are benefitting by a tax rgulations meant for cities, not for special districts
  • Special District Growth
    • 39,000 special districts in the U.S.
    • spending more revenue than all cities in the U.S. combined
  • Changing the defintion of local government
    • ​IRS standard is any 1 of these 3 makes an entity a municipality:
      • Does it have the power of taxation?
      • Does it have the power of eminent domain?
      • Does it have police power?

Governing | Redefining ‘Special Districts’ Could Have Big Taxing Consequences

The Texas Congressman. Eminent Domain. High Speed Rail.

Which Texas Congressman wrote to the Surface Transportation Board about opposing high speed rail in Texas? Congressman Brady

What is Congressman Brady’s opposition to high speed rail in Texas? 

  • Congressman Brady opposes accelerated use of eminent domain or construction
  • Congressman Brady says the route is wrong
  • Congressman Brady opposes financial loans for high speed rail from the federal government

What is Congressman Brady’s opposition to the high speed rail route? 

  • The route “splits and really damages our rural communities”
  • The route will devalue land 

Is this a consistent position for Congressman Brady? Yes, he opposed a similar project as a state senator

Madsonville Meteor | Brady comes out against rail plan

Private Property Rights. Deer Disease. 4 Key Points from TPWD delayed vote.

When will be the next vote by the Texas Parks and Wildlife Department Commissioners on deer disease reforms? 30 day delay from Thursday, May 26, 2016 TPWD decision to delay the vote

What 2 things did the TPWD proposed rules do?

  • New testing of deer for disease
  • Radio chipping deer

Who supports the TPWD proposed rule? Property rights advocates. Why? The rules could contain the spread of disease from breeders to herds on private land

Who opposes TPWD proposed rules? Deer breeders. Why? Proposed rules are an over-correction

Statesman | Texas Parks and Wildlife commissioners hold off on deer disease vote