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.”…
President Trump has threatened to use the “military version” of eminent domain to seize the land required to build his border wall. Apparently, federal law allows for military department secretaries to “acquire any interest in land” if “the acquisition is needed in the interest of national defense.” More than 1,100 property owners in Texas are…
The process of exercising eminent domain is called condemnation. According to the Texas Property Code, If an entity with eminent domain authority wants to acquire real property for public use but is unable to agree with the owner of the property on the amount of damages, the entity may begin a condemnation proceeding by filing…
Once again, eminent domain has erupted into a political controversy in Texas. In its latest manifestation, Kinder Morgan proposes to build a 430-mile pipeline from West Texas to a suburb of Houston. As a “common carrier,” Kinder Morgan can use eminent domain to acquire access to the land needed to build the pipeline. Certainly, pipelines…
The upcoming legislative Texas legislative session promises to include another battle between the state and local governments. Lawmakers have already introduced or plan to introduce bills to reign in local ordinances regarding mandated sick pay, regulations on short-term rentals, and local increases in property taxes. Municipal governments claim that such actions on the part of…
President Trump has argued that his proposed border wall is necessary to protect the nation’s security. Sadly, the wall presents a much graver risk to the security of Americans than the immigrants the wall will allegedly stop. The federal government has been using eminent domain to acquire the land needed to build the wall. The…
Atascosa County Farm Bureau President Pete Pawelek has called for reform of Texas’s eminent domain laws. He claims that current law “favors for-profit companies, giving landowners few options in a fight for their property.” Pawelek went on to say, Eminent domain is a necessary evil, but it should always be used as a last resort….
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…
Is is becoming common for those reporting on the proposed bullet train between Dallas and Houston to claim that it is a conflict between the free market and property rights. For example, the website KERA in north Texas states that the project is “creating heated conversation about the free market vs. private property rights.” Curbed.com…
In 2015, the city of Rowlett condemned a private driveway to improve traffic flow between two shopping centers. The owner of the driveway–KMS Retail Rowlett–filed suit. The trial court ruled in favor of the city, and that verdict was upheld on appeal. The case has reached the Texas Supreme Court, which heard arguments in early…
With the 2019 legislative session just a few months away, the proposed bullet train between Dallas and Houston is once again gaining increased attention. In both 2015 and 2017, both opponents and supporters of the project descended on Austin to argue their positions. To many, the bullet train represents a conflict of values. For example,…
The term “eminent domain” was taken from a legal treatise written by the Dutch jurist Hugo Grotius in 1625. He used the term dominium eminens (Latin for supreme lordship) and described the power as follows: The property of subjects is under the eminent domain of the state, so that the state or those who act…