Update: Houston Churches Facing Eminent Domain Invoke 1st Amendment

Houston churches that were facing eminent domain to make way for a new Housing Authority development, have sued to stop the eminent domain based on the Religious Freedom Restoration Act (RFRA).

RFRA is usually only a hot topic when conservative activists want to strengthen it to stop the social issues they oppose. 

But, the use of RFRA by the churches to stop eminent domain adds an added lawyer of constitutional protection. Now the local governmental entity will have to prove:

  • there is a valid public use/benefit
  • + that there is a compelling reason and the exercize of eminent domain is in the least restrictive means possible. 
    • Considering thre were multiple draft plans, the churches have higher odds of being successful

JD Supra

 

 

Previously on Information Intelligence:

Two 5th ward churches are in a brewing eminent domain battle over property that the Houston Housing Authority would like to develop for low income housing and a library. This story has it all- historic churches, a wheel chair bound pastor, and a city relying on recommendations from the neighborhood itself.

The churches: 

  • First Christian Fellowship Missionary Baptist Church
  • Latter Day Deliverance Revival Church

The legal actions:

  • The churches, representated by the Liberty Institute, are seeking to stop the seizure of their land.
  • The city says:
    • Only pursuing eminent domain against the Latter Day Revival Church
    • Negotiating, without using eminent domain, with First Christian Fellowship Missionary Baptist Church
    • And that they relied on recommendations from the Fifth Ward Redevelopment Corporation for the project

Let’s not forget the KY judge, who in 2014  stopped eminent domain at the trial court level because a church’s First amendment rights trump that of a government’s eminent domain authority.

Houston Chronicle     Houston Press     Legal Insurrection

Donald Trump Loves Kelo. 2 New News Highlights.

  • Washington Post:  Trump heralded the Kelo decision, which 80% of conservatives oppose. At the time, Trump said:
    • I happen to agree with it 100%. if you have a person living in an area that’s not even necessarily a good area, and … government wants to build a tremendous economic development, where a lot of people are going to be put to work and … create thousands upon thousands of jobs and beautification and lots of other things, I think it happens to be good.”
  • CATO: Trump utilizes eminent domain through the casino reinvestment development authority to take land from elderly widow for parking lot. He ultimately lost in court.

Bretibart Goes to bat for California Farmers

California Gov. Brown is proposing to take land via eminent doamin from 300 farmers so some river deltas can be reworked to bring more water to populated areas.

Breitbart engaged a water and land use lawyer with the Pacific Legal Foundation, who said 3 important things:, 

  • No oversight in eminent domain projects:“..the use of eminent domain does not allow for a proper system of “checks and balances,” even for controversial state infrastructure projects.”
  • California can start work before legal issues are resolved.“The fact that they don’t have the project approved has generally not been a bar to acquiring the property,” Francois said. “If the project is controversial, they don’t need any special approvals to acquire the property, and that starts making the project look more inevitable. [State contractors could say] ‘Hey, we’ve already spent the money acquiring the property, we better get started building it.”
  • Is the compensation to farmers just? “Are they only taking the property they need for the underground tunnels, or are they taking the surface estate as well?” Francois said. “It’s the cutting [the land] up that creates a significant problem that farmers think they are not getting properly compensated for.”

Breitbart

Legal Trend: Private Companies Denied Eminent Domain.

A brewing legal dispute in Iowa highlights the momentum away from allowing eminent domain authority for pipelines, transmission lines, and other utilities that are privately owned. 

An Iowa Attorney:

“The larger issue — what it really comes down to — is whether these guys have the power of eminent domain. this is not a utility, it is not public, it is not providing any necessary public service. A number of other cases have rejected such eminent domain arguments — the Bluegrass Pipeline case in Kentucky, the Clean Line case in Missouri, and a West Virginia district court ruling on a natural gas pipeline. I think the courts have trended a bit toward the constitution as opposed to private interests.”

Spencer Daily Reporter

Iowans Say the Darndest Things About Pipelines

Iowa- home the Presidential state fair and its fair share of pipelines. One Iowan expressed these views of the Ames Tribune:

“I see only corporate greed, trampling of private property rights and a threat to Iowa’s environment. Here’s my beef: show me the public good. “

His comments reflect tw growing eminent domain trends:

  • a message & campaign trend of “no eminent domain for private (corporate) gain”
  • a legal trend of denying pipelines eminnet domain when the pipelines do not deliver products to the land area taken. (Courts throughout the country are looking for a direct public use or benefit.)

Ames Tribune

 

Water Tunnels. Eminent Domain Meets Drought.

California’s Governor Jerry Brown has proposed water tunnels to move water around California.  California farmers have water and the cities need it.

To accomplish this great water migration, California is proposing to use eminent domain against 300 farms to build the 30-mile-long tunnels that will reshape the delta formed by the San Joaquin and Sacramento rivers.

Landowners are facing a 30 day window to either accept or reject 1, single, offer from the state according to documents. 

AP via GOPUSA  AP (full AP story)   CBS Sacramento  Fresno Business Journal

Property Rights. Eminent Domain. SD 24 Campaign. You Won't Believe it.

Entering the SD 24 campaign is Christopher “C.J.” Grisham of Temple. He is the founder of Open Carry Texas, and has very specific views on private property rights.

Let’s take a peek, shall we? He says:

  • “Property taxes are a form of slavery. When the government has the power to seize your property just because you don’t pay a ransom in the form of a tax, we don’t truly have private property rights.”

Temple Daily Telegram

Rep. Isaac on Protecting Property Rights Underground

This week, Representative Isaac said,

“You don’t go on top of people’s property and steal their property. That’s theft, and I feel it is the same way with protecting private property rights if you are going to go under someone’s property and take their water.”

A 2015 bill by Rep. Isaac requires well owners in the part of Hays County that is protected by a conservation district to register those wells with regulators.  

TWCNews

Land Use Trend : Bypass Long Permitting Process via City Council

The California Supreme Court last August ruled that if a project gets enough signatures to put it on the ballot, a city council can approve it without going to voters and without a California Environmental Quality Act review.

It is a ruling that is like sugar plm fairies dancing in the dreams of retail developers.

A 200 acre retail development in Carlsbad is moving forward under this ruling, side stepping requirements of state environmental review and voters. 

Voice of SanDiego