- egregious, Senator Hall, Corsicana Daily Sun
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“egregious abuse of their power” Isaac for Texas
- “Misuse and abuse of power of eminent domain” Sen. Schwertner to KBTX
Property Rights Puts High Speed Rail 18 Months Behind onConstruction
California has been building the infrastrcture for a high speed railway. Property aquisition has caused the following issues:
- 18 months behind on construction
- contractor is already reportedly seeking compensation for the delays
- The high speed rail needs to acquire 525 parcels, but they’ve only successfully acquired 123 parcels
Trend: Add Eminent Domain Authority in Transportation Budget
Half miles swaths of land near bus and train stops will be under constant threat of eminent domain under language in Connecticut’s state budget.
The eminent domain authority would reside with the state and could exclude the use of eminent domain by local governmental authorities.
Impact of Pipelines & Power Lines to Ranch Lands
Texans love their private property rights. It’s a toss up who loves Texas private property rights more: Libertarians? Republicans? Ranchers? Cattlemen?Farmers ?Wild Life enthusiasts?
This month’s issue of The Cattleman looks at easements for pipelines and power lines. They run through pros and cons, and here they are:
Pros of Pipelines and Power Lines Running Through Pastures:
- “don’t expect the value of ranchland to decrease drastically based on added pipeline or high voltage power lines on the land.”
- ” rural land real estate brokers see the demand for ranchland as being higher than ever.”
The Cons of Pipelines and Power Lines Running Through Pastures:
- legal headaches
- “worries that too many people may traipse across a prize pasture to patrol a pipeline meter”
- Harm to value of land due to excessive obstructions
- Harm to value of land if royalty or easement lease rights don’t come with the property
- Harm to value of land if “energy companies cause damages outside the agreed easement “
- Value “damage outside the easement could approach up to 25 percent of the ranch value.”
- “red tape when it comes to buying ranchland with pipeline, power line and, more recently, wind turbine easements.”
Bill Filing: Heart of Groundwater Fight Is Eminent Domain
Representative Isaac says removing eminent domain authority from a water district is the “saving grace.” he goes on to talk about the abuses of eminent domain authority by special districts. Texas Tribune
There are 100s, if not 1000s, of special districts in Texas. Texas Legislative Council has tracks and organizes these grants of eminent domain authority. The 2012 list of special districts with eminent domain authority is here.
Lege Trend: No Eminent Domain for CO2 Pipes
New Mexico State Representative Matthew McQueen, D-Galisteo offered legislation to ban the use of eminent domain by private companies operating pipelines that would carry CO2.
This unique bill died in committee, but has sparked an activist movement that believes their property will be rezoned and their mortgages cancelled should a pipeline cross their land.
Lege Trend: Sacramento Kings Stadium Gets Expedited Eminent Domain
The California legislature has provided several mechanisms to build stadiums more quickly. One of these tools is to allow for eminent domain before environmental studies are completed.
The City of Sacramento and the Sacramento Kings have won 2 court cases upholding their ability to move quickly to build the new stadium.
Attorneys Fees in Eminent Domain Cases Gets Quick Hearing in Senate
This week, Sen. Kolkhorst’s SB 474 , received a hearing in Senate State Affairs. To commemorate the occasion, TPPF released a paper supporting her bill.
TPPF offers 4 Key Points on why reimbursing property owners for fees and costs of eminent domain litigation is good public policy:
- “Texas property owners cannot rely on legislative oversight or the political process to protect them from negligent and abusive condemnation practices.
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High litigation costs prevent Texas property owners from vindicating their right to adequate compensation in court.
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Reimbursing attorney fees would enable Texans to pursue their rights and blow the whistle on the misuse of eminent domain.
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The Legislature should require courts to award legal fees to property owners if the final compensation for a condemned property is 10 percent or more greater than the initial offer. “
Bill Filing: Inverse Condemnation Law Suits Meet Fracking Bans
Mineral rights owners would be granted clear statutory authority to file suit against local governments when regulations limit use of their property under SB 809 by Van Taylor.
SB 809 carves out reasonable regulations that address:
- visual aesthetics
- noise abatement
- or hours of operation
Lege Trend: Cornhusker State to Say NO to Eminent Domain for Private Companies
LB 473 would prevent eminent domain for private companies. It’s a direct response to the Keystone XL Pipeline ruckus in Nebraska that has seen protests and court rulings thus far blocking eminent domain.
More than 11,000 people have signed a petition supporting this bill for Bold Nebraska, a group opposed to eminent domain for private pipelines.