A recent “debate” on San Angelo Live! provides an illuminating example of focusing on non-essential issues when discussing property rights issues. On August 6, Brian McLaughlin, a director at the Texas and Southwestern Cattle Raisers Association, wrote a piece that claimed: Unfortunately, landowners facing the threat of eminent domain stand little chance of being treated…
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…
I love the idea of a privately funded, high-speed train between the two largest cities in Texas. This project epitomizes everything great about America and Texas. It is an example of individuals having an audacious dream and then working to make that dream come true. That is something worth celebrating, supporting, and admiring. However, while…
Texas Central Partners has threatened many Texas landowners with seizure of their property through eminent domain to build a proposed bullet train between Houston and Dallas. I share your concerns about the use of eminent domain. It is, as many of you have stated, a violation of your property rights. The right to property means…
When an individual takes property without the owner’s consent, it is called theft. When a group of individuals does this, it is called organized crime. When the government does this, it is called eminent domain. The destruction of your property to build the border wall is an example of government hypocrisy at its worse. We…
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…
The Texas Monthly has an excellent article on the hypocrisy of Texas politicians who proclaim their support for property rights. In the article, the magazine notes that many prominent conservatives–Ted Cruz, John Cornyn, Gregg Abbott, and Ken Paxton–fought the federal government when it sought to use eminent domain to seize property along the Red River…
Too often, political debates fail to consider all of the alternatives. But if we are going to make rational and informed decisions, then we must consider all of the alternatives, as well as the pros and cons of each. We must consider the full context. Eminent domain serves as an example. We are often told…
It is understandable that individuals are more passionate about property rights issues that have a direct impact on their lives. For example, rural Texans are more concerned about eminent domain, water rights, and endangered species regulations, and they have little or no concern about historic preservation or tree protection ordinances. Urban Texans are more concerned…
The former mayor of Anaheim, California, Curt Pringle, has an inspiring story about how his city was able to redevelop a large area without using eminent domain. He insisted that property rights would be protected, or redevelopment would not occur. “Freedom” quickly became the motto of my administration. In fact, our local paper, the Orange…
Calls for new laws regarding the use of eminent domain echo across the state. Rural land owners are finding their property seized to build pipelines and a railroad. In south Texas, property owners are facing seizure to build the border wall. While stating their support for property rights, many prominent Texas politicians have defended the…
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…