On Thursday the Texas Supreme Court heard oral arguments on an inverse condemnation case. A condo complex was deemed inhabitable by the City. The residents moved out of the complex. An appellate court said the residents didn’t get their constitutional due process rights. The Texas Supreme Court’s opinion will be a smorgasbord of constitutional rights- private property rights, takings, due process, and let’s throw in equal protection just for giggles. . [ City of Houston vs. Carlson et. al.]
Texas is #1 in everything, including the amount of privately owned land
Want to build something for the public good? The odds are higher that Scotland will leave the UK than you building your public project without using privately owned land. 84% of Texas land is privately owned. Texans love their property rights & love to defend their property with their guns. [Texas Land Trends]
California High Speed Rail requires Approval of Eminent Domain from Sacramento
Imagine if Texas Legislators had to authorize eminent domain for a project to move forward? California hasn’t gone that far to make the Legislature approve eminent domain, but the California Public Works Board is voting to condemn a feed store, a vacant lot, and other Fresno properties to build the San Francisco-Los Angeles high speed rail line. [Fresno Bee]
How do you avoid the Legislature? Give the Governor sole eminent domain authority.
An end run around the Legislature to give the Nebraska Governor sole eminent domain authority for TransCanada Keystone XL pipeline has raised eye brows. It’s currently the subject of contentious litigation before the Nebraska Supreme Court. Legislators don’t like their powers taken away. Toddlers don’t like their toys taken away. The bill had a bumpy committee hearing and the press seized it. The press likes discovering that a legislator can’t answer questions about his bill in a committee hearing and refers the questions to corporate officials who brought him the bill. Prepare legislators. Don’t just drop off a draft and walk away. Prep legislators like you’d prep a witness for trial. [Toronto Star]
Could L.A. use eminent domain to take the Clippers?
Sounds crazy, right? A sports team isn’t real property. How can eminent domain be used for intangible property? In 1982 the City of Oakland began eminent domain proceedings against the Raiders when they sought to move to L.A. During this process, the California Supreme Court opened the door for the use of eminent domain to take professional sports teams. [JD Supra]
Profit Sharing in Eminent Domain
In 2012 the Commonwealth amended its constitution to allow a landowner to petition for up to 3 years worth of profits from a project that used eminent domain. Imagine the revenue impact for profit sharing on electric transmission or oil and gas pipelines in Texas. [The National Law Review]
RRC proposed rules sound good, if you like more paperwork
Greenville Crowd Silenced from Discussing Eminent Domain
The North Central Texas Council of Government did the right thing by hosting a public meeting on a planned toll road linking Bush Turnpike with Greenville. Unexpectedly the meeting drew a crowd. A really big crowd. A crowd too big for the school cafeteria. People were there to voice opinions about eminent domain. The big crowd caused a quick end to the meeting. There is nothing that pleases people who are upset more than being denied a forum to voice their opinions. Tempers are sure to flare. [Dallas Morning News]
Hurricane Sandy Sparks Eminent Domain Debate
Hurricanes are awful. Imagine a hurricane destroying the Texas Gulf Coast like Sandy destroyed New York. Add to the destructive power of mother nature, the power of eminent domain granted to the Army Corps of Engineers. Congress gave the Corp authority to study the need for erosion and dune protection, along with the power of eminent domain. Sandy’s aftermath is destructive for property rights advocates who want to tend to their own beaches. [CBS 7 Your Eye on West Texas]
Boll Weevils Eradicate Rail Yard, not Cotton Farms
An interesting nugget from the article: “Blair Fitzsimons, the executive director of the Texas Agricultural Land Trust, saidthere are few options for private landowners in Texas who are fighting against eminent domain.” She goes on to discuss potential eminent domain protection from certain conservation easements.