Welcome to the Future!
John Stewart took on eminent domain. It’s hilarious, as always. Here’s an excerpt:
“I am disturbed by eminent domain abuse, because I think private property rights are fundamental to who we are as Americans… I don’t we should be helping out private interests,” Cruz said. “The problem with the Keystone Pipeline isn’t the issue of Eminent Domain, the problem is the Obama administration with the stroke of a pen shut that project down.”
“What the f–k?” Stewart said before mocking Cruz’s logic.
An eminent domain attorney Steve Adler, is in a run-off race to be the next mayor of Austin. [Texas Tribune]
In an interview with a local paper, Representative-Elect John Wray expounded on his views on private companies exercising eminent domain authority:
“We would also look at a private entity having eminent domain authority, which is always problematic.” [Waxahatchie DayLight]
This week the Railroad Commission passed rules to address when eminent domain attaches to certain common carriers. The rules will become official March 1st. The fight is making a beeline to the Legislature, which historically favors private property rights.
Background: This eminent domain fight began because of court cases, which sided with landowners & private property rights. Legislation moved forward in 2013, but died on an elegant point of order. [HB 2748]
The supporters and the opposition remain the same:
Ron Kirk will serve as senior advisor. He joins Robert Eckles and Tom Schieffer.
Central Texas Railway has been hosting public forums to discuss its projected Dallas to Houston route. Landowners along the route have raised concerns.
Building the bullet train requires land. Most land in Texas is privately owned by Texans, who love their land. Acquiring land presents challenges. [Dallas Morning News]
Land ownership is to Texans like blue is to the sky. Tarrant Regional Water District (TRWD) needs to move water around to meet supply demands. The project is expected to cost $2.3 Billion in tax revenues.
Two big flags in this fact pattern:
The land TRWD needs is owned by private citizens who want to continue to own their land without government interference.
State Representative Gooden requested information from TRWD, dissatisfaction ensued, campaign contributions flew around (all above board), and a grand jury is looking into the how TRWD is conducting its business. [Ft. Worth Star Telegram]
Highland Park ISD wants to buy land for a parking lot. They tried to buy it, but offered less than the June purchase price. The land’s owner is a developer who wants to put in town homes on the West Lovers Lane property.
This Monday Highland Park ISD Trustees approved using eminent domain, if necessary. Unless an agreement is reached, look for a lengthy legal process. [Dallas Morning News]
D.C. needs a stadium home for D.C. United. Its futbol, or what the world, except for the U.S., calls football. D.C. has a property swap in mind, but hesitancy in D.C. leadership leads to speculation of eminent domain.
Speculators surmise that eminent domain would be more costly (lots of lawyers) and would take more time than to purchase or swap land to build a stadium. [Soccer America]
A pipeline company wants to build. Accordingly, it sent landowners letters that it would be surveying land. The Appalachian landowners are unhappy. Rural mountain people upset with big corporations coming onto their land with fancy science equipment reads like a script for Deliverance 2014.
Lawyers say that until there is an established common carier purpose and a public need, the pipeline cannot survey land. [The Public News Service]
Refreshing Recollection: Earlier this year a California Court disallowed pre-condemnation access to property. Texas Courts are grappling with the same issue. [Legal Trend: Unconstitutional Pre-Condemnation Entry Statutes]
An early eminent domain bill this pre-filing season: SB 178 by Nichols prohibits the use of eminent domain for recreational purposes. Quotes from Senator Nichols:
“Senate Bill 178 would prohibit state or local governments from taking private land for recreational purposes. Nichols believes eminent domain can be a last resort when considering public utility projects and other public works, but that no one’s land should be taken for bike trails or parks.”
“These bills represent some of the priorities brought to me by the citizens of Senate District 3,” he said in a news release. “My work is driven by the interests of the constituents I represent.” [Tyler Morning Telegraph]