Employees Intervene in an Eminent Domain Law Suit
Condemning land owned by a corporate entity gets more complicated when the employees sue to intervene. I would have thought land was plentiful in Montana, but such is not the case. [ABC/Fox Montana]
Texas Monthly Gets in on the Eminent Domain Action. “This Land is Your Land; Until Dallas Needs It”
Allusions of armed governments seizing land dance in your head when you read this article. Is this the Ukraine being invaded by Russian troops? Or, is this Texas?
A taste of the negative depiction of eminent domain:
- “…use eminent domain to force [land owners]…”
- “…property that’s taken by force using eminent domain.”
Private property rights advocates are rejoicing; eminent domain remains the big, bad commandeering force of government.
[Texas Monthly]
New Compensation Method for Eminent Domain: The Special Purpose Development Corporation
A modern compensation method for eminent domain is on the horizon. The Center for Rural Affairs discusses utilizing market driven compensation for rural land owners facing transmission line siting through their property.
Texas Tea Party Requests Information Concerning Eminent Domain from a Texas Water District
In what is likely a nod to future events, the Texas Tea Party Caucus has requested public documents from Tarrant Regional Water District. The allegations include “a long-running eminent domain scheme.”
Strategic use of legal public information requests is de rigueur in Texas politics.
{Breibart]A U.S. Senator asks, “How will land owners be compensated?"
Tennessee Valley Authority (TVA) wants to buy wind energy from Oklahoma. Oklahoma and Tennessee share no borders. To bring wind energy to TN, it requires 700 miles of transmission lines through Arkansas.
My solution on how to build 700 miles of transmission lines through Arkansas: Football. Let the Sooners, Cowboys, Razorbacks, and Volunteers decide if the plan moves forward. If the Volunteers beat either Oklahoma team, then there’s a deal. If, the Razorbacks beat the Volunteers and either the Sooners or Cowboys, then eminent domain is off the table.
Naturally, a project of this magnatiude caught the attention of U.S. Senator Lamar Alexander (TN) and Congressman Fincher (TN). These gentlemen in lieu of settling this issue via football, sent a letter with 11 questions about the TVA proposal. They raised 4 eminent domain questions. 3 of the 4 eminent domain questions focus on how land owners will be compensated. Compensating land owners is a hot topic. It’s usually the issue that causes law suits. For the entire list of questions see the article in the
Chattanoogan.
Be Open, Be Fair, Be Conservative: Advice from an Eminent Domain Appraiser
Succinct advice for eminent domain and for life. Maintain Open Communication with the land owners. Offer fair property values. Use eminent domain conservatively.
Dear Abby might translate this to- keep open communication; be fair to each other; and use ultimatums sparingly, if at all. Life lessons from eminent domain.
[IRR on Real Estate] Eminent Domain Gets Top Billing This Weekend in The New York Times Magazine
This article has it all. Environmentalists are living in tree houses, tracking the progress of condemning entities. A California Billionaire is interested in rural organizing to stop or slow Keystone Pipeline. A lawyer gives advice to condemning entities to avoid coming in with “corporate weaponry blazing.” Aggressive foreigners taunting us from afar with their oil reserves or their vintage Bordeaux. A new CIA- the Cowboy and Indian Alliance.
This article lends itself to the big screen with its interesting list of characters and dramatic flair with words.
[NY Times Magazine]Landowners are told No, No by the Texas Supreme Court. Legislators Start Drafting Bills.
Today the Texas Supreme Court denied a second motion for re-hearing by The Crawford Family Farm Partnership. They’ve been engaged in years of legal tussling to prevent the TransCanada Keystone pipeline from crossing their land. There have been temporary restraining orders, appeals, hearings, re-hearings. If there is a legal motion, its been filed. If there is a news publication, they’ve run a piece on the Keystone pipeline. The lawyers and PR folks are earning their keep.
Today’s ruling addresses a motion for rehearing over statutory construction in the Natural Resources Code. Everyone is arguing over the definition of Common Carrier. In 2013, a bill directly on this point was killed on a point of order. Today the Texas Supreme Court denied the second motion for rehearing by the Crawfords. The third time is a charm, will we see another motion for rehearing? Stay Tuned. This battle will continue in the Courts, at the Railroad Commission, and in the 2015 legislative session.
[Texas Supreme Court] [Fuel Fix February 2014]The Feds are Using Eminent Domain Against a Large State
A potential precursor to the Bureau of Land Management tussle with Texas, the U.S. government has filed an eminent domain suit against California. A developer acquired land at a federal auction. He wants to do what he does- redevelop, but the street leading to the area needs improvement. The Feds are claiming eminent domain to upgrade a road for its building and any other related purpose, including a sale of government land. [San Jose Mercury News]
Eminent Domain trend from Odessa, Texas, not Odessa, Ukraine.
One Odessa is growing, the other Odessa may be facing Russian troops. Odessa, Texas is growing. A convention center and hotel development is eyed to spur economic growth in its quiet downtown. With a disinclination to use eminent domain, the fate of downtown redevelopment is firmly in the hands of business owners. [CBS7KOSA]
$2.1 M jury award. $80,000 offer.
What happens to cause a jury award to exceed an initital offer by more than $2 million?
According to lawyers its a message that jurors want pipelines to know how much damage they cause land owners.
Peregrine Pipeline Co., L.P. v. Eagle Ford Land Partners, LP, No. E-2007-00046
TPPF is on the case in 2015.
Legislating land speculation is the legislative fight du jour. It’s a big battle over property rights in the Sooner State.
Private property rights supporters love it. The business community, utilities, pipelines, and municipalities say it will handcuff the state’s ability to grow.
[News OK] This is one to watch. In Texas, the FBI is investigating right of way purchases in North Texas, which some say was land speculating because of the potential use of eminent domain while constructing I-35E.
[Denton Record]If you have a sore throat and don’t want to talk; ask a lawyer these land use questions. You can rest your voice and day dream as loquaciousness overcomes the lawyer:
What do you make of the Nevada rancher who grazed his cattle on federal lands for several decades? Do you think the rancher has an adverse possession claim? estoppel? Was the seizure of cattle in the midst of armed Nevadans Constitutional? [Washington Post]
When talking to Texas lawyers about eminent domain:
The motion for re-hearing filed this week in Crawford Family v. Keystone was wild, right? Courts misinterpreting the Texas Legislature; culminating in “absurd results.” Say it isn’t so.
Concerned about the 2015 eminent domain bills?
Be happy Texas isn’t California where pre-condemntation surveying and impact testing took a hit. If a condemning entity wants onto land to look around, they have to condemn it first according to a new Appellate Ruling that halted the Bay Delta Conservation Plan. California Supremes will have the ultimate word. [Property Reserve Inc. et. al. v. Department of Water Resources et. al]
