Eminent Domain Gets Top Billing This Weekend in The New York Times Magazine

  • May 16, 2014

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.

  • May 9, 2014

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

  • May 2, 2014

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.

  • May 2, 2014

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.

  • April 22, 2014

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.

  • April 22, 2014

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:

  • April 11, 2014

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:

  • April 11, 2014

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?

  • April 11, 2014

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]

At cocktail parties, say: Have you seen Kevin Spacey in House of Cards?

  • April 11, 2014

Maryland is threatening eminent domain to claim land used by House of Cards, the Award winning Netflix political series. Frank Underwood, the slippery protagonist, would not be amused. [Washington Post]

Previous

image



Thank you for subscribing to our newsletter.
Great things are just around the corner!