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The Actor Doesn’t Change the Principle
If someone broke into your home and stole your jewelry, electronics, cash, and anything else that is yours, you would regard his action as theft. He took your property without your consent. The principle doesn’t change just because the actor has a government badge and doesn’t literally break into your home. Taxation takes your money…
Friday Roundup 7-16-21
Writing in the Washington Times, George Mason University law professor Ilya Somin addresses the issue of “just compensation” required under the Fifth Amendment when eminent domain is used to seize property. Somin notes that courts typically equate “just compensation” with “fair market value.” However, many owners attach a value to their property far above what…
Pipelines and Property Rights
The construction of pipelines in Texas seems to pit two of the state’s values against one another. The Texas economy is heavily dependent on oil and gas. The construction of pipelines to transport those products often results in the seizure of private property through eminent domain. Texans value property rights, and eminent domain is a…
Who Protects Us From Our Protectors?
The Trump Administration is reportedly preparing “Declaration of Taking” papers that would allow the federal government to seize private property in Texas for the border wall. While the government’s threat to seize land for the wall is nothing new, the “Declaration of Taking” is new. The government has long threatened to use eminent domain to…
Eminent Domain vs. Property Rights
Reforming the state’s eminent domain laws has attracted a lot of attention from Texas legislators and interest groups during this year’s legislative session. Unfortunately, there is a great deal of confusion over what property rights are. For example, Billy Howe of the Texas Farm Bureau was recently quoted: The legislature gave them [entities with eminent…