Welcome to the Future!
There’s a new WalMart SuperCenter in the works for Longview. But, acquiring the land for access roads to get to the new SuperCenter is challenging. Landowners have not agreed to sell the necessary land to build the access roads.
Whether building the roadways to benefit a for profit corporation falls within public use/purpose required for eminent domain will be decided by the courts if eminent domain is used. [KLTV 7]
A Republican sold out landowners by passing a bill to form a special district for reservoir management. The special district was granted the power of eminent domain.
This gave rise to campaign material in Alabama, a Southern property rights state. [AL.com]
Richmond, California set a trend for using eminent domain to take over underwater mortgages. It has been a controversial program that has been winding its way through the courts and is now the undercurrent of campaign mailers.
The National Association of Retailers have gotten involved in the Richmond City Council races because of eminent domain. The Realtors are supporting candidates who oppose eminent domain. [Richmond Confidential]
Want to know what agricultural interests think about eminent domain? This article in the Progressive Cattleman outlines it. It walks you through these crucuial questions:
Q: When can land be taken with eminent domain?
A: When there is a public use.
Q: How is a landowner compensated?
A: Depends on how the land is taken, but if its a portion of the land, the land owner is generally compensated justly and adequately for the land taken and the impact on the remainder of the land.
That’s the big picture. [Progressive Cattleman]
Resfreshing our recollection, two professor types published a paper for Mercatus Center at George Mason University. Their conclusions did not favor eminent domain and has become an anthem for property rights advocates.
The Editorial Board at The Oklahoman took an economic spin from the research, and write about optimistic economic development projections, that often fail to take into account opportunity costs. The Editorial Board pushes for more protections for property owners. [The Oklahoman]
The author of the forth coming book, The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain , is touring the country speaking about eminent domain.
This will be the first legal scholar book on the Kelo v. City of New London case, which permitted eminent domain for economic devleopment purposes and sparked state by state legislation to prevent such a thing. The author is Ilya Somin is Professor of Law at George Mason University. [Washington Post | Volokh Conspiracy]
Private pipeline companies exercising eminent domain for common carrier pipelines isn’t only a Texas issue. A Lt. Gov. candidate in Massachusettes also raises the same private property rights concerns that draw the attention of Texas land owners. The Massachusettes candidate also throws in environmental concerns, but the private property rights concerns are identical. [The Recorder]
The first public meetings about the privately funded, high speed rail proposed for Texas began this week. The Dallas Morning News reports that the company developinghigh speed rail has eminent domain authority.
Its a combination of words that do not sit well with private property rights activists: private, company, eminent domain, and development. [Dallas Morning News]
Refreshing Recollection: A high speed rail project is progressing in California, but its backed by state funding. The Texas project is touted as privately funded. [Fresno Bee]
TPPF, an ardent supporter of private property rights, submitted a letter brief in support of the property owner, Eagle Ford Land Partners.
Here’s the big picture: A natural gas pipeline wanted land to build a pipe. The pipeline company and land owner weren’t able to reach an agreement. The eminent domain case went to a trial court. At trial, the jury awarded Eagle Ford $1.6Million. The pipeline never paid the award of adeqaute compensation. As a result, land rights groups filed amicus briefs and letters asking the Texas Supreme Court to enforce the judgment.
Those voicing their support for Eagle Ford are:
TPPF Texas Farm Bureau Texas Forestry Association Texas Land & Mineral Owners Association Texas and Southwestern Cattle Raisers Association Texas Wildlife Association
[Eagle Ford Land Partners at the Texas Supreme Court] [TPPF Amicus Letter]
A proposed new toll road in North Texas by the Texas Turnpike Corporation has garnered the attention of activists. Lots of activists.
A public forum was shut down by the Fire Marshall. The next public forum included heated and vocal opposition. Last week there was an organized protest by Texas TURF. And now Breitbart, the same organization for which Michael Quinn Sullivan writes, posted in opposition to the toll road.
Besides the disdain for toll roads, the proposed North Texas road may be built with wminent domain exercised by the private entity, the Texas Turnpike Corporation. Activists are not pleased. [Breitbart]