May 9th Texas Landowners Summit

Private property Rights advocates are gathering in Pfluegerville on May 9th. 

“The Texas Landowner Rights Summit and educational seminar discusses the rights of Texas landowners facing condemnation and eminent-domain proceedings. The meeting will be held on Saturday, May 9, starting at 9 a.m. at the Hilton located at 801 University Drive East, College Station, Texas 77840 (Ballrooms 5-7).”  Community Impact  

TX Supremes Rule on Billboards, Private Property & Eminent Domain

The Court ruled that billboards are fixtures of a real property interest. And, that the removal of bill boards, compensation is required. 

However, compensation for the removal of billboards are hampered by existing case law that prohibits lost profits from entering valuation of business property. 

NFIB  Court Opinion in Texas v. Clear Channel

Lege Trend: Require % of Land Be Negotiated Before Eminent Domain Use

Targeting private entities that have the power of eminent domain, Iowa, wants to require projects to negotiate purchases with 75% of the private land involved in a project before eminent domain can be triggered.

The bill targets a pipeline project and a transmission line project. The pipeline has only been able to neogtiate 50% of the land acquisition while the transmission line has negotiated purcahse of 15% of its land acquisition.

KCHA  Iowa Daily Herald  Chicago Chronicle  Houston Chronicle via AP

Eminent Domain Fuels Campaign Fund Raising

An Eminent Domain fight is at the heart of campaign to disrupt the status quo on the Tarrant Water Regional Water District (TRWD).

The players are:

  • Our Water, Our Future 
    • supporting TRWD Board members Leonard and Lane
    • Treasurer: Mike Moncrief
  •  Save North Texas Water
    • Supporting Craig Bickley and Michele Von Luckner to unseat Leonard & lane
    • Backed by Monty Bennett

Contributions exceed $500,000.

Ft. Worth Business Press

 

Trend: County says No to Eminent Domain for Bridge to Oklahoma

This week Grayson County commissioners declined to use eminent domain to rebuild the Carpenters Bluff Bridge. Teh current bridge appears to be either a dirt path or a wooden path, which seems appropriate considering you go back in time when entering Oklahoma. 

A collaborative project emerged. The states are funding a replacement for the 100 year old bridge. The Oklahoma County will maintain the the bill. Grayson County is required to acquire the right of way and is doing so through negotiations and not takings. 

Statesmanship prevails.

Herald Democrat

Support of Eminent Domain in Colleyville TX Draws Mayoral Opponent

A works proposal by Colleyville to add sidewalks, drainage and hiking trails has drawn vocal opposition. A counter referendum, Protect Glade,  is on the ballot. 

The opposition to Colleyville’s project want the road improvements but want road improvements that are:

  • accomplished over a shorter period of time
  • at less than half the cost
  • without taking private land
  • without removing mature trees

City Council is split. The Mayor supports the Colleyville plan and has an Empower Texas backed opponent. Empower Texas 

7 Minute Eminent Domain Bill

On a 92-3 vote, and within 7 minutes, the Iowa House passed an eminent domain bill that:

  • prohibits the use of eminent domain for personal profit
  • requires approval of a route before eminent domain can be used
  • 5 year land buy back provision if the land is not used within 5 years for its intended purpose

What has Iowans inflamed over eminent domain? A proposed drinking water pond by private developers, “greedy private developers.”  

Globe Gazette

Justice Scalia Compares Taking Private Property to Communist Russia

Raisin growers were before the US Suprmee Court arguing that a law allowing the government to take their crops, without just compensation, is unconstitutional.

During the New Deal, farmers got a raw deal. The 1937 Agricultural Marketing Agreement Act permits the taking of crops to shore up prices.  The great raisin caper of 2015 led the Justices to offer colorful fodder:

  • Chief Justice Roberts described the law as ““You come up with the truck and you get the shovels and you take their raisins, probably in the dark of night.”
  • Justice Scalia described the law thusly, “Central planning was thought to work very well in 1937, and Russia tried it for a long time.”

 WallStreet Journal Headline: Justices Skeptical Whether Crop Program Has a ‘Raisin’ D’être