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And the Wall didn’t Come Tumbling Down
President-elect Biden has promised to halt construction on the border wall when he takes office in January. He has also said that he will withdraw eminent domain lawsuits to seize property. While these are certainly positive steps, what about those who have lost their property to the border wall? Landowners across south Texas have had…
Eminent Domain: Reform vs. Repeal
With the Texas legislature in session, calls for reform of existing laws regarding property rights resound across the state. One of the primary targets is eminent domain. While the state’s current eminent domain laws certainly violate property rights and work against land owners, reform is not the solution. Reform means “to put or change into…
Eminent Domain: Just Compensation is an Injustice
The Fifth Amendment to the United States Constitution states that private property shall not be taken for public use without just compensation. In the years since, this has been a source of great controversy. What is a public use? And what is just compensation? In this brief, we will examine the latter issue. To fully…
A Texas Land Grab
For years, the Texas Parks and Wildlife Commission (TPWC) has leased 1,800 acres of privately owned land to operate the Fairfield Lake State Park. The owner of the land wanted to sell it, and for a year TPWC attempted to negotiate the purchase of the land. When those negotiations failed and the land was sold…
Defend Texas (and Property Rights)
A new organization, Defend Texas, is pointing out the hypocrisy of some Texas politicians who proclaim support for property rights. As we have previously pointed out, Texas politicians were vehemently opposed to the use of eminent domain along the Red River, but have supported (or remained silent) seizing private property along the Rio Grande. Defend…
Eminent Domain and Public Use
The United States constitution allows for the seizure of private property for “public use,” so long as “just compensation” is paid to the owner. The Kelo ruling in 2005 brought the issue of “public use” to the forefront. In that case, the Court endorsed the use of eminent domain for economic development, thereby hanging, as…