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A Private Beach is Threatened
ByjbpThis was originally posted on Live Oaks on July 23, 2009. Comments have not been migrated. While the Texas Open Beaches Act (TOBA) made land along the shore “public property”, a small section of beach in Galveston has remained private property since the enactment of TOBA in 1959. According to the Chronicle: The Legislature approved…
A Principled Way to Stop the Bullet Train
Once again, Texas lawmakers will consider bills aimed at a single, specific company–Texas Central. Of course, the three bills introduced so far do not specifically mention Texas Central . The bills address high speed rail. But there is only one high speed rail line proposed in the state, and it has been proposed by Texas…
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…
The Wall of Tyranny
To build his beloved wall, President Trump has declared a national emergency, thereby allowing him to bypass Congress to fund construction of a barrier on the southern border of the country. But construction of the wall is bypassing more than Congressional approval. It is kicking property rights into the gutter. The Illegal Immigration Reform and Immigrant…
The Pen is Mightier than the Storm Surge
ByjbpThis was originally posted on Live Oaks on September 20, 2008. Comments have not been migrated. If you have seen photos of the Texas coast after Hurricane Ike, you are aware of the the destruction caused by the storm. Thousands of homes were seriously damaged or destroyed, and many will be prohibited from rebuilding. And…
Reform that isn’t Reform
Texas legislators have introduced a pair of bills aimed at reforming the state’s eminent domain laws. According to Rep. DeWayne Burns, one of the sponsors of the House version of the reform, “HB 991 will ensure Texas property owners are respected partners in building our critical infrastructure while preserving our strong tradition of property rights.”…