In mid-2021, Texas Gov. Greg Abbott announced a plan for the state to build a border wall. To date, the program has raised a little more than $55 million in donations and completed 900 feet of wall. The state has committed $1 billion to the project. According to the Texas Tribune, as of December 31,…
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…
A lawsuit against the city of Chicago illustrates the adage, “it’s not what you know, it’s who you know.” In the early 2000s, Bloomer Chocolate wanted to expand its factory. The company offered the owner of an adjacent property $824,980 for the land. When the owner declined the offer, the city of Chicago seized the…
Two weeks ago, the Texas Senate passed HB 2730, an action that many are proclaiming as a victory for property rights. However, the bill is a non-victory because it does absolutely nothing to protect property rights. The Texas Farm Bureau, which supported the bill, reports two positive aspects of the bill: [A]n entity [using eminent…
We frequently hear individuals claim that their property rights are being violated. It happens when the government uses eminent domain to seize property for the border wall. It happens when zoning is used to prohibit or severely restrict short-term rentals. It happens when a preservation ordinance is used to prohibit modern buildings. Yet, in these…
President-elect Biden has promised to halt construction on the border wall when he takes office in January. He has also said that he will withdraw eminent domain lawsuits to seize property. While these are certainly positive steps, what about those who have lost their property to the border wall? Landowners across south Texas have had…
State Representative Ernest Bailes has pre-filed a bill that will allow property owners to file a complaint with the state over eminent domain misconduct. Bailes said, The process for landowners to file complaints and express their concerns should be clarified. The power of eminent domain should never be used as a threat, and those who…
For decades, the government has been preventing property owners from using their land as they choose. Under the guise of protecting “wetlands” and endangered species, government agencies have prevented development on parcels of land across the nation. But under the Trump administration, government agencies are wildlife preserves, both public and private, along the border to…
Imagine for a moment, that a neighbor’s young daughter desperately needs surgery to save her life, but her family can’t afford the medical expenses. If her father broke into homes in the neighborhood and stole money to pay for the surgery, we would recognize his actions as theft. His tragic circumstances do not change the…
On October 2, Texas Gov. Greg Abbott sent a letter to the Prime Minister of Japan voicing his support for the high speed railroad proposed to be built between Dallas and Houston by Texas Central Railroad. Texans Against High-Speed Rail, a group opposed to the project, contacted the governor and argued that he had been…
Elon Musk’s SpaceX is a contradiction. The company is showing what is possible when private companies tackle the problems of space travel. The company has had more than ninety fully successful missions and a partially successful mission delivering a payload to the international space station. One of the innovative features of the SpaceX rockets is…
The Austin Statesman recently published an opinion piece about President Trump’s border wall that states, Trump has said he is ready to take land from uncooperative property owners through eminent domain [to build the wall]. That creates a dilemma for Trump’s conservative supporters. Which do they want more: A border wall? Or private property rights?…