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…
Education in America is a virtual monopoly of the government. As such, it is a highly politicized topic and controversy surrounds nearly every discussion about education. From funding to curriculum, from test scores to text books, there is little agreement between politicians, educators, taxpayers, and parents about how the nation’s schools should be operated and the…
For decades, legislative bodies have enacted laws that prohibit businesses and landlords from discriminating against an ever-growing list of individuals, such as ethnic and racial minorities, women, gays, the handicapped, and more recently, transgender individuals. Like many other issues involving the violation of property rights, anti-discrimination legislation is founded on fuzzy and imprecise thinking. It…
Texans are quick to defend their own property rights, but they are often willing to turn a blind eye when the property rights of the “other guy” are violated. But if they aren’t willing to defend the property rights of the “other guy,” why should the “other guy” want to defend their property rights? For…
Environmental regulations are intended to minimize human impact on nature. But we must transform nature into the values that sustain and enhance our lives. Minimizing our impact on nature means minimizing our pursuit of values, our quality of life, and individual flourishing. It means reducing our ability to live. Nature has value, but only in…
Two of the stated purposes of zoning are preventing “incompatible” land uses and protecting neighborhoods. Both of these issues can be addressed without the coercive means of zoning. Deed restrictions (or covenants) provide the means to limit land uses through voluntary, contractual means—by respecting property rights, and hence, preserving the freedom to choose. Deed restrictions attach…
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…
In September, the Austin American-Statesman published a three-part series on the growing conflict between the owners of some short-term rentals (STRs) and their neighbors. While the series was intended to demonstrate the need for more stringent enforcement of Austin’s STR regulations, it unwittingly demonstrated a more fundamental issue: the lack of principles underlying the entire…
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….