The Trump Administration is reportedly preparing “Declaration of Taking” papers that would allow the federal government to seize private property in Texas for the border wall. While the government’s threat to seize land for the wall is nothing new, the “Declaration of Taking” is new. The government has long threatened to use eminent domain to…
SpaceX recently sent residents of Boca Chica Village, a small community about thirty miles east of Brownsville, offers to buy their homes for three times the appraised value. While many might consider this to be akin to manna from heaven, the residents of Boca Chica Village aren’t so thrilled about the offer. SpaceX has a…
The construction of pipelines in Texas seems to pit two of the state’s values against one another. The Texas economy is heavily dependent on oil and gas. The construction of pipelines to transport those products often results in the seizure of private property through eminent domain. Texans value property rights, and eminent domain is a…
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…
Reforming the state’s eminent domain laws has attracted a lot of attention from Texas legislators and interest groups during this year’s legislative session. Unfortunately, there is a great deal of confusion over what property rights are. For example, Billy Howe of the Texas Farm Bureau was recently quoted: The legislature gave them [entities with eminent…
In recent years, transparency has become a popular political buzzword. From legislators to taxpayers, everyone seems to want government to be more transparent. As one example, the eminent domain reform bill recently passed by the Texas Senate is aimed at making the process more transparent. As another example, a bill introduced by State Senator Lois…
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 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…
In fighting the Trump Administration’s land grab for the purpose of building the border wall, Texas Democrats are calling for Texas Republicans to show some consistency. For example, Rep. Veronica Escobar, who represents El Paso in the House, notes that Texas Senator John Cornyn supported a recent bill that protect property rights of land owners…
The mission of the Texas Farm Bureau (TFB) is to be the voice of Texas agriculture. As such, it frequently voices support for property rights. As an example, in a recent opinion piece, TFB President Russell Boening calls for eminent domain reform to protect property owners. Boening writes: Corporations with this powerful, often abused tool…
Supporters of eminent domain often claim that the Constitution authorizes the government to seize private property for “public uses.” This, they argue, makes the use of eminent domain proper. Lest we forget, slavery was once a part of the Constitution. But that did not make slavery proper or moral. It simply made slavery legal. While…
Last week, the United States House of Representatives passed legislation that will prohibit the federal Bureau of Land Management from claiming Texas land along the Red River as public domain. The bill’s sponsor, Rep. Mac Thornberry (R-TX), said, The fundamental right to own property must be protected. This bill takes another crucial step in giving…