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…
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…
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…