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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…
Two Wrongs don’t Protect Property Rights
Texas legislators have been struggling with eminent domain reform during this legislative session. While reform is needed, the bills that have been considered are founded on the same faulty premise as eminent domain. Two wrongs won’t protect property rights. Eminent domain is founded on the premise that private property can be seized for a “public…
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…
The Roundup 8
The hypocrisy of many Republicans regarding the use of eminent domain to build Trump’s border wall has been pointed out by many. Sen. Michael Bennet (D–Colo.), recently took them to task on the floor of the Senate. ___ Texas legislators have introduced two bills that would allow property owners to be compensated for diminished property…
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…