Private Property Rights meets Land Speculation. Indictments in North Texas. 4 Key Informed Intel.

What law enforcement agency was investigating land deals in North Texas? U.S. Department of Justice

What transportation project is involved? I-35 E expansion in Denton County

What crimes are alleged to be involved in these land deals?  conspiracy to commit mail fraud

What makes people believe real estate development was land speculation?

  • accused of deceiving the Texas Department of Transportation by
  • buying frontage land low
  • asserting that the land was under development
  • and selling the frontage land for $13 million to TXDOT

Denton Record | Two indicted in connection to 35E project

Dallas Morning News | Suspicious Dallas-area highway land deals with TxDOT lead to federal indictments

INTERIM. 2 Problems. Property Rights. 1 West Houston TIRZ.

The Memorial City TIRZ, a special district, in located in west Houston, is geerating attention for these structural and operational problems:

  • The TIRZ was created in 1999 by Mayor Brown
    • It called for “qualified neighborhood residents” to be the board members
    • Spring Branch West Super Neighborhood says appointees aren’t being vetted through them, and they have no representation on the board
  • Flooding sparked a lawsuit against the TIRZ
    • A 2 year flood led the Residents Against Flooding to file suit
    • Real Estate development boom has led to flooding issues

Houston Press | Study: Houston Homes That Never Flooded Before Now Flood in a Two-Year Storm

National Editorial Opposes Dallas Use of Eminent Domain. 4 Bits Informed Intel.

Which publication took the side of a small business owner in an eminent domain situation in Dallas? Wall Street Journal

What is the Dallas eminent domain issue?  Dallas wants to acquire a local auto repair shop to create a gateway to its arts district

How is Dallas acquiring this property? Some say that Dallas zoning ordinances are being amended to prohibit the operation of the auto body shop. 

What did the editorial say about Dallas’ zoning law changes that caused businesses to close?

  • Violatesproperty rights
  • retroactivity strips property owners of due process
  • forces property owners into forced sale of their property at a lower price

***This past Wednesday, Dallas City Council acted on the taking of the local auto repair business. Empower Texas***

WallStreet Journal | Dallas Property-Rights Abuse

 

INTERIM. Asset Forfeiture Bill from the Golden State.

Americans for Tax Reform & the ACLU Support California’s SB 443 that protects against abuses of the asset forfeiture system.

What protection is California adding before property can be taken via civil asset forefeiture?

  • Requires a conviction before before local agencies can collect any proceeds from federal equitable sharing funds.
     

Americans for Tax Reform | Americans for Tax Reform Endorses California’s Property Rights Bill
10th Amendment Center | End the Status Quo on Asset Forfeiture

ACLU | On Government Abuse, Democracy, and Poverty… California Has a Long Way to Go

INTERIM. Does the Economic Impact of Texas High Speed Rail Support Eminent Domain?

What great economic gains does Texas Central Rail points to with high speed rail? 

  • $36 billion economic impact over 25 years
  • TCR will pay $2.5 billion in taxes to state, counties and local governments
  • The $10 billion project is a job creator, providing 10,000 jobs a year during the four-year construction phase and an additional 1,000 jobs, once the train is in operation.

What does Grimes County Judge say about economic benefits and the impact to eminent domain? Irrelevant. “The power of eminent domain is not granted based on how many jobs or taxes are generated by a company.”- Ben Leman, Grimes County judge and chairman for Texans Against High Speed Rail

The Battalion | Urban, rural parts of Texas draw further apart on high speed rail

12+ Texas Land Owners Lawsuits. Pecos Pipeline. 1st Pipeline of its Kind. What the Attorney Says.

What the land owner attorney says about the eminent domain lawsuits for the pipeline to Mexico :  

  • No one has ever used eminent domain to build a pipeline that only delivers oil and gas to Mexico.
  • The Railroad Commission does no investigation on whether the pipeline is a common carrier.

News West 9 | Pipeline company files eminent domain lawsuits against Big Bend landowners

 

 

 

INTERIM STUDY. Relocation Costs Primary Issue. South Dallas Water Sewer Project. Project Halted. Eminent Domain Practices Examined. The Key Informed Intel.

What public project does Dallas want to build? A draingage tunnel project

How long has the family lived on the land? 60+ years

What does the property owner say? Can she buy another piece of similar property to live? She says, no, she can’t. In her words: ““My house is paid for — been paid for,” said Freddie Baker, 86. “They’ve got to give me enough money to pay for whatever I want, and I’ve got to live better than I’m living. I ain’t giving away nothing.””

Did the property owner impact City Council? Yes. City Council paused the project  and are reviewing how the city utilizes eminent domain.

What was the city’s offer for the land? $22,538

WFAA | After 60 years, South Dallas family faces eminent domain fight

Lege trend:No Eminent Domain for Transmission Lines Moves in Grain Belt. 3 Key Piece of Info. Read the Bill. Strategize Accordingly.

Which State Legislature passed this eminent domain ban through its house? Iowa

What does the eminent domain ban mean for transmission lines? to qualify for eminent domain, a transmission line developer would have to:

  • get in place right of way agreements with 75% of land owners
  • within 3 years 

Is this happening elsewhere? Yes, loyal subscribers will recall the same issues in Missouri and Arkansas with similar results

Utility Dive | Iowa House passes bill to toughen eminent domain rules for transmission developers

Iowa HF2488

Legal Trend: Denbury Back at Texas Supreme Court, 3 Key Pieces Informed Intel.

Friday’s Texas Supreme Court orders included accepting Denbury. They’re back like the Terminator and Poltergiest rolled into one.

  • Even though the order was granted on April1st, it is not an April Fools joke. 
  • In February 2015 the appellate court reversed the trial court that ruled in favor of Denbury pipeline.
  • What was the losing argument last year? That Denbury was a common carrier. The court looked at the low number of third parties that had contractual arrangments for the pipeline.

Why does this matter? This case was part of the fire that fanned the flames at the RRC for the common carrier rule changes. Look for legislative fixes that cements a solution.

Texas Rice Land Partners v. Denbury

Texas Supreme Court Orders 4.1.16

INTERIM. Trend: Border Wall Meets Eminent Domain. Meet the King of Spain. Meet the Texans.

Land along the border is largely privately held. To build a wall, private land has to be aquired by the government. Here’s one view:

Land transfered by the King of Spain was aquired to build the current partial border wall? Yes, land that had been held by the same family since the initital land grant from the King of Spain in 1767.

Surely the feds own some of the border lands? Yes, about 33% of the land is either federal or tribal lands

Where is most of the 67% of private land? TEXAS

CATO via Daily Beast | The Great Wall Of Trump Would Be the Ultimate Eminent Domain Horror Show

Washington Post | Donals Trump’s Great Wall of eminent domain