Its a strong image- Texans forcibly being removed from their property. This is the perception of eminent domain.
Texans love their property rights. Tread lightly, before messing with them. [Empower Texas]
Texas RRC Common Carrier Rule Making- Check Mate to the Legislature?
RRC staff recommendations approved this week clarify when a pipeline may call itself a common carrier. It’s a response to the 2013 Legislature’s failed fix, which was publicly killed on a point of order.
This chess game began when a court called into question whether a pipeline was a common carrier. The court thereby restrained the pipeline’s use of eminent domain. It was a huge win for landowners.
When you need land to build pipelines, eminent domain authority is like a Queen on a chess board. It helps you move wherever you want. Its powerful.
Within months, the Legislature, Entities with Eminent Domain Authority, and the Tea Party will be vying for an eminent domain win. The Tea Party reigns supreme over private property rights. Historically, data shows that pro-private property rights bills pass overwhelmingly. [RRC Rule Proposal with Public Comment Until 8/25/2014]
Looking for an Easement Negotiation Checklist?
The AgriLaw Center at Texas A&M has produced a checklist for those negotiating pipeline easements.[A&M Agriculture Law Blog]
Is silver the appropriate gift for the 9th Anniversary of a US Supreme Court Ruling? Neither, the proper gift is film.
Claiming to channel their inner Erin Brockovich, filmmakers have made an eminent domain film called the “Little Pink House.” The film plays off a journalist’s exposé piece documenting the tribulations of Kelo. Libertarian attraction to the film will be inevitable.
There’s also a forthcoming Kelo book by a preeminent law professor. The book will be the first substantial legal and policy analysis book on Kelo. Next up- Kelo On Broadway. [Volokh Conspiracy via Washington Post] [USA Today]
Woody Guthrie got it Wrong- This Land is My Land, This land is definitely NOT your Land (if you’re a condemning entity)
Houston Business Journal names land rights, a top legal issue in energy.
Increasing Cost of Eminent Domain in Texas Draws Media Attention & Legal Pundits
Texas Tribune & KETK quote a South Texas College Law Professor, who says the country will be watching Texas’ eminent domain cases. Focuses on a Texas landowner, who in March received a jury award 20 times greater than the condemning entity’s offer.
Hays County Democrats Support Private Property Rights & Oppose Eminent Domain
Bipartisan support for private property rights and opposition to eminent domain. Bipartisanship lives. [Hays Co. Democratic Party]
Hello Drought; Meet the Tea Party
Drought is Gaelic for “Must move water to needed areas.” Tea Party is modern English for “We love private property. We detest eminent domain.” What happens when drought and Tea Party meet? Is it love at first sight? No. Its a water infrastructure quagmire. [National Eminent Domain Blog (Quoting the Ft. Worth Star Telegram)]
Farmers Protesting Eminent Domain with Corn
Nebraska farmers plant corn to protest a pipeline. Interesting logic if the corn is processed into ethanol and transported via pipeline. [Houston Chronicle]
Legal Trend: Unconstitutional Pre-Condemnation Entry Statutes
An issue brewing in Texas Courts has been held unconstitutional by an Appellate Court in California. The Third Appellate District Court of Appeal ruled in Property Reserve, Inc. v. Super. Ct. of San Joaquin County that pre-condemnation entry statues violate California’s taking clause. It’s a legal battle currently brewing in Texas. [Fox Rothschild LLP]