Monday, February 28, 2022
Sunday, February 27, 2022
links - 2/25/22
https://en.wikipedia.org/wiki/Holodomor
https://en.wikipedia.org/wiki/Let%27s_roll
https://en.wikipedia.org/wiki/Dark_web
https://en.wikipedia.org/wiki/Soviet_Union
https://en.wikipedia.org/wiki/Cold_War
"War of the Worlds" 1938 Radio Broadcast
Friday, February 25, 2022
Thursday, February 24, 2022
2/24/22
https://www.texastribune.org/2022/02/24/texas-abortion-law-supreme-court/
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/viewer.html?pdfurl=https%3A%2F%2Fuh.edu%2Fhobby%2Felection.pdf&clen=1486129&chunk=true
https://www.texastribune.org/2022/02/23/texas-railroad-commission-republican-primary-video-death/
https://apps.texastribune.org/features/2021/texas-redistricting-map/?_ga=2.198447021.388565012.1645716357-1716820952.1643126308
https://www.texastribune.org/2022/02/23/texas-house-gop-primary/
https://coastalstudy.texas.gov/
https://yachtharbour.com/news/how-russian-oligarchs-shaped-the-yachting-industry-825
https://www.change.org/p/president-of-the-united-states-immediate-seizure-of-russian-oligarchs-yachts-as-a-war-sanction
https://en.wikipedia.org/wiki/Kleptocracy
https://en.wikipedia.org/wiki/NATO
https://theweek.com/russo-ukrainian-war/1010551/could-ukraine-strip-russia-of-its-un-security-council-veto
https://www.facebook.com/BayAreaHoustonEcon/videos/coastal-protection-and-restoration-feasibility-study/370473233693589/
Wednesday, February 23, 2022
Podcast - 2/23/22
- Republican incumbents hold big leads in statewide March primary races, UT poll says.
- Voter turnout in Texas primaries is dramatically low. See how many people have voted in your county so far.
- Gov. Greg Abbott’s t.wo most vocal GOP challengers have long sought to push their party to the right.
- 2 new major developments coming to Houston Spaceport.
- Bay Area leaders focus on local flood projects.
From Vox: This is an incredible visualization of the world's shipping routes
Now there's a great way to visualize this entire process, through this stunning interactive map from the UCL Energy Institute
From Politico: How Ukraine became a test bed for cyberweaponry
The next stage in warfare.
- Click here for the article.
To see the warfare of the future, head to the top floor of a nondescript office tower on a potholed street on the scruffy outskirts of Ukraine's capital. There, next to a darkened conference room, engineers sit at dark gray monitors, waging war with lines of code.
There may be no better place to witness cyber conflict in action than Ukraine today. Open warfare with Russia, a highly skilled, computer-literate pool of talent and a uniquely vulnerable political, economic and IT environment have made the country the perfect sandbox for those looking to test new cyberweapons, tactics and tools.
"Ukraine is live-fire space," says Kenneth Geers, a veteran cybersecurity expert and senior fellow at the Atlantic Council who advises NATO's Tallinn cyber center and spent time on the ground in Ukraine to study the country’s cyber conflict. Much like global powers fought proxy wars in the Middle East or Africa during the Cold War, Ukraine has become a battleground in a cyberwar arms race for global influence.
Derevianko's outfit works closely with the Ukrainian government and its U.S. and European allies to fend off onslaughts against the country’s networks. On the other side of the virtual front line: Not just sophisticated Russian-affiliated hacker groups like Fancy Bear, Cozy Bear and Sandworm — the group behind “NotPetya,” the most devastating cyberattack to date — but also hosts of other governmental, nongovernmental and criminal players testing out their capabilities on the country’s networks.
From the BBC: Why is Russia ordering troops into Ukraine and what does Putin want?
- Click here for the article.
Russia has long resisted Ukraine's move towards European institutions, both Nato and the EU. Now, Mr Putin has claimed Ukraine is a puppet of the West and was never a proper state anyway.
As a former Soviet republic Ukraine has deep social and cultural ties with Russia, and Russian is widely spoken there, but ever since Russia invaded in 2014 those relations have frayed.
Russia attacked Ukraine when its pro-Russian president was deposed in early 2014. The war in the east has since claimed more than 14,000 lives.
Tuesday, February 22, 2022
From the Council om Foreign Relations: What Are Economic Sanctions?
Biden announced a few earlier today against Russia.
- Click here for the article.
Governments and multinational bodies impose economic sanctions to try to alter the strategic decisions of state and nonstate actors that threaten their interests or violate international norms of behavior. Critics say sanctions are often poorly conceived and rarely successful in changing a target’s conduct, while supporters contend they have become more effective in recent years and remain an essential foreign policy tool. Sanctions have been the defining feature of the Western response to several geopolitical challenges, including North Korea’s nuclear program and Russia’s intervention in Ukraine. In recent years, the United States has expanded the use of sanctions, applying them and ramping them up against adversaries in Iran, Russia, Syria, and Venezuela.
Economic sanctions are defined as the withdrawal of customary trade and financial relations for foreign- and security-policy purposes. Sanctions may be comprehensive, prohibiting commercial activity with regard to an entire country, like the long-standing U.S. embargo of Cuba, or they may be targeted, blocking transactions by and with particular businesses, groups, or individuals.
Since 9/11, there has been a pronounced shift toward targeted or so-called smart sanctions, which aim to minimize the suffering of innocent civilians. Sanctions take a variety of forms, including travel bans, asset freezes, arms embargoes, capital restraints, foreign aid reductions, and trade restrictions. (General export controls [PDF], which are not punitive, are often excluded from sanctions discussions.)
National governments and international bodies such as the United Nations and European Union have imposed economic sanctions to coerce, deter, punish, or shame entities that endanger their interests or violate international norms of behavior. Sanctions have been used to advance a range of foreign policy goals, including counterterrorism, counternarcotics, nonproliferation, democracy and human rights promotion, conflict resolution, and cybersecurity.
Sanctions, while a form of intervention, are generally viewed as a lower-cost, lower-risk course of action between diplomacy and war. Policymakers may consider sanctions as a response to foreign crises in which the national interest is less than vital or where military action is not feasible. Leaders have, on occasion, issued sanctions while they evaluated more punitive action. For example, the UN Security Council imposed comprehensive sanctions against Iraq just four days after Saddam Hussein’s invasion of Kuwait in August 1990. The Security Council did not authorize the use of military force until months later.
https://www.census.gov/history/www/through_the_decades/fast_facts/
https://www.gutenberg.org/files/20203/20203-h/20203-h.htm
https://www.gcpdtexas.com/
https://texaspolitics.utexas.edu/archive/html/part/features/0603_01/slide1.html
https://oertx.highered.texas.gov/courseware/lesson/1118/student/?task=9#:~:text=Temporary%20Party%20Organization,part%20of%20the%20party%20platform.
https://en.wikipedia.org/wiki/Year_2000_problem
https://www.texastribune.org/2022/02/22/texas-land-commissioner-primary-2022/
https://en.wikipedia.org/wiki/Ukraine%E2%80%93United_States_relations
From Community Impact Newspaper - 2/22/22
- Stakeholders use data to address Harris County’s criminal justice system challenges, case backlog.
- Houston-Galveston Area Council celebrates 55th anniversary.
- Completion of Hwy. 146 widening delayed until fall 2023.
Monday, February 21, 2022
From Ballotpedia: Influencers in Texas
Influencers in Texas are power players who advocate for candidates, put through policy proposals, cause ideological changes, and affect popular perceptions. They can take on many forms: politicians, lobbyists, advisors, donors, corporations, industry groups, labor unions, single-issue organizations, nonprofits, to name a few. The activity of influencers and their impact can be felt on the national, state or local level, and even in certain policy sectors.
For the week of 2/21
Fed 10
Suffrage in The US Constitution
US Election Code
Federal Election Commission
Texas Constitution Article 6
Texas Election Code
Texas Secretary of State
Harris Votes
Brazoria County
Sample Ballots
Offices up for election
Major Parties
Minor Parties
Regarding Dan Patrick
All from the Texas Tribune.
- Lt. Gov. Dan Patrick, Trump’s man in Texas, has quietly amassed influence — to the detriment of fellow Republicans.
- Partisan tactic by Lt. Gov. Dan Patrick’s campaign delays thousands of requests for mail-in ballots from Texas voters.
- Lt. Gov. Dan Patrick proposes ending university tenure to combat critical race theory teachings.
- Analysis: Texas Lt. Gov. Dan Patrick and the power of Us vs. Them.
- UT Austin President Jay Hartzell defends faculty tenure after Lt. Gov. Patrick proposes to end it at all public universities.
From the Texas Tribune: Voter turnout in Texas primaries is dramatically low. New political maps and voting law could create more obstacles.
Texas continues to lag in voter turnout.
- Click here for the story.
Texans are heading to the polls for the 2022 primary, and voters will choose party nominees for statewide seats, including governor, and district-based congressional and legislative seats. Early voting lasts through Feb. 25, and election day is March 1. Historically, voter participation in midterm primary elections is dismal in Texas, with less than a quarter of registered voters casting ballots most years.
Turnout in the 2022 primary was low after the first four days of early voting. As of Feb. 17, the turnout data published by the Texas secretary of state does not reflect thousands of mail-in ballots reported by counties on their own websites. For instance, Fort Bend County reports that 1,400 mail-in ballots have been returned, but the state reports only two mail-in ballots there. In-person ballots are largely accounted for in the state’s data. A spokesperson for the secretary of state said the office is aware of the discrepancies and working with counties to correct the information.- Click here for national turnout rates.
- Click here for Texas voter participation.
Sunday, February 20, 2022
For this week: Dave Leip's Atlas of U.S. Elections
- Click here for it.
We will us this to start looking at the development of political parties in the US.
From the Texas Tribune: Texas voters and political candidates aren’t on the same page
There seems to be consistency in the issues partisans in Texas focus on.
- Click here for the article.
At least the voters are consistent.
Texans have opinions about the people on the ballot and the hot-button issues. It’s just that many of the topics those candidates want to talk about are not what voters say is most important.
Democratic candidates pushing last year’s failure of the electric grid in Texas have some work to do: Only 5% of Democratic voters listed that as the most important problem facing the state. Overall, 3% of all voters put that at the top of their lists. Political corruption/leadership (18%) and COVID-19 (16%) were Democratic voters’ first two choices.
But the big issues for Republican candidates at the top of the statewide ballot — immigration and border security — still resonate with Texans, with a combined total of 31% of all voters. That includes 58% of Republican voters, the group the GOP’s candidates are courting right now.
Voters do have opinions about the things the candidates are talking about, even if those aren’t making the “most important issues” lists.
Republican Party Propositions on the ballot
1 - In light of the federal
government's refusal to defend
the southern border, Texas
should immediately deploy the
National Guard, Texas Military
Forces, and necessary state law
enforcement to seal the border,
enforce immigration laws, and
deport illegal aliens.
2 - Texas should eliminate all
property taxes within ten (10)
years without implementing a
state income tax.
3 - Texans should not lose their
jobs, nor should students be
penalized, for declining a
COVID-19 vaccine.
4 - Texas schools should teach
students basic knowledge and
American exceptionalism and
reject Critical Race Theory and
other curricula that promote
Marxist doctrine and encourage
division based on creed, race, or
economic status.
5 - Texas should enact a State
Constitutional Amendment to
defend the sanctity of innocent
human life, created in the image
of God, from fertilization until
natural death.
6 - The Republican-controlled
Texas Legislature should end
the practice of awarding
committee chairmanships to
Democrats.
7 - Texas should protect the
integrity of our elections by
verifying that registered voters
are American citizens, restoring
felony penalties and enacting
civil penalties for vote fraud,
and fighting any federal
takeover of state elections.
8 - Texas should ban chemical
castration, puberty blockers,
cross-sex hormones, and genital
mutilation surgery on all minor
children for sex transition
purposes.
9 - Texas parents and guardians
should have the right to select
schools, whether public or
private, for their children, and
the funding should follow the
student.
10 - Texans affirm that our freedoms
come from God and that the
government should have no
control over the conscience of
individuals.
- Click here for a look at the 2020 propositions.
- For more on the purpose of the propositions, click here.
An advisory question is a type of ballot measure that has no legally binding effect but serves to let voters express their opinions on a policy. The outcome of an advisory question will not result in a new, changed, or rejected law or constitutional amendment. For party-specific questions on primary election ballots, voters in different party primaries will see different propositions on their ballots, or, in the case of Texas in 2022, Republicans will see propositions, and Democrats will not.
In the introduction to the propositions on its website, the Republican Party stated, “Keep in mind that this is an opinion poll of Republican voters and not a policy referendum. When you vote YES or NO, you are telling us what you think should happen. You are not voting to make a law but merely saying YES you agree or NO you do not agree with the statement.”
Positions on next week's ballot
U.S. House of Representatives
Texas House of Representatives
Texas Senate
Texas Governor
Texas Lieutenant Governor
Texas Attorney General
Texas Comptroller General
Texas Land Commissioner
Texas Agricultural Commissioner
Texas Railroad Commissioner
Justice, Supreme Court
Judge, Court of Criminal Appeals
Member, State Board of
Education
Chief Justice, 1st Court of Appeals
Justice, 1st Court of Appeals
District
District Judge
Family District Judge
County Judge
Judge, County Civil Court
Judge, County Criminal Court
Judge, County Probate Court
District Clerk
County Clerk
County Treasurer
County School Trustee
County Commissioner
Justice of the Peace
Harris County Party
Chairman
Harris Votes
Brazoria County
Sample Ballots
Offices up for election
The First Colonial Governor of Viginia
Percy was part of the first group of 105 English colonists to settle the Jamestown Colony. He departed England in December 1606 and kept a journal of his voyage. He arrived in Virginia in April 1607 and recorded the struggles of the colonists to cope with the American environment, disease, and the Powhatan Native Americans. "Thus we lived for the space of five months in this miserable distress," he wrote in his journal, "not having five able men to man our bulwarks upon any occasion."[1]
Although Percy had a higher social rank than all of the other first colonists, he was initially denied a seat on the Virginia Council. Nevertheless, he took the lead in the early life of the colony, taking part in the expedition to the James River falls in May and June 1607. In autumn 1607, he sided with the President of the colony, Edward Maria Wingfield, who was subsequently deposed by John Ratcliffe, Gabriel Archer, and Captain John Smith. From late 1607 until autumn 1609, Percy had little power in Jamestown but served as Smith's subordinate.
When Smith left the colony in September 1609, Percy assumed the presidency of the colony. However, his persistent illness kept him from executing his office, leaving the duties of the presidency to Ratcliffe, Archer, and John Martin. It was during Percy's tenure that the colony suffered through the "Starving Time" in the winter of 1609–10. "Now all of us at James Town beginning to feel that sharp prick of hunger, which no man truly describe but he which hath tasted the bitterness thereof," he recounted later.[2] Percy accomplished little while President, other than to order to construction of Fort Algernon at Old Point Comfort. When Sir Thomas Gates arrived in May 1610, Percy happily surrendered control of the colony to him.
In June 1610, Thomas West, 3rd Baron De La Warr arrived in Jamestown and with a commission to serve as the colony's governor. De la Warr appointed Percy to the council and named him captain of the Jamestown fort. In August 1610, De la Warre sent Percy and seventy men to attack the Paspahegh and Chickahominy tribes. The force ravaged the tribal settlements, burning their buildings, decimating their crops, and indiscriminately killing men, women, and children. Percy also led the successful defense of the Jamestown fort against a Native American attack and earned the praise of De La Warr. When the Governor returned to England in March 1611, he appointed Percy to lead the colony in his absence. "But the winds not favoring them, they were enforced to shape their course directly for England—my lord having left and appointed me deputy governor in his absence, to execute martial law or any other power and authority as absolute as himself."[3] Percy's term as Governor lasted until April 22, 1612, when he departed for England.
After his service as Virginia colony governor, Percy returned to England but remained interested in colonization schemes. In 1615, he proposed an expedition to Guiana but found no supporters. In 1620, he sold his four shares in the Virginia Company and returned to military service. Percy returned to the Netherlands in 1621 when war between Spain and the Dutch resumed. He was the commander of a company in the Low Countries in 1627. He died in 1632.
What is a privateer?
Many of the early investors were privateers, what does that mean?
From Wikipedia: privateers.
Privateering allowed sovereigns to raise revenue for war by mobilizing privately owned armed ships and sailors to supplement state power. For participants, privateering provided the potential for a greater income and profit than obtainable as a merchant seafarer or fisher. However, this incentive increased the risk of privateers turning to piracy when war ended.
The commission usually protected privateers from accusations of piracy, but in practice the historical legality and status of privateers could be vague. Depending on the specific sovereign and the time period, commissions might be issued hastily; privateers might take actions beyond what was authorized in the commission, including after its expiry. A privateer who continued raiding after the expiration of a commission or the signing of a peace treaty could face accusations of piracy. The risk of piracy and the emergence of the modern state system of centralised military control caused the decline of privateering by the end of the 19th century.
One of the features of a modern state is a monopoly on this type of power, both in terms of law enforcement and the military.
Brief background on some of the investors in the Virginia Company
These were specifically named in the 1606 contract, others were acknowledged to have existed. I'm not sure if there is a record of who they weee.
Sir Thomas Gates.
Sir Thomas Gates (fl. 1585–1622), was the governor of Jamestown, in the English colony of Virginia (now the Commonwealth of Virginia, part of the United States of America). His predecessor, George Percy, through inept leadership, was responsible for the lives lost during the period called the Starving Time. The English-born Gates arrived to find a few surviving starving colonists commanded by Percy, and assumed command. Gates ruled with deputy governor Sir Thomas Dale. Their controlled, strict methods helped the early colonies survive. Sir Thomas was knighted in 1596 by Robert Devereux, 2nd Earl of Essex for gallantry at the Capture of Cadiz.[1] His knighthood was later royally confirmed by Queen Elizabeth I
Sir George Somers.
Sir George Somers (before 24 April 1554 – 9 November 1610) was an English privateer and naval hero, knighted for his achievements and the Admiral of the Virginia Company of London. He achieved renown as part of an expedition led by Sir Amyas Preston that plundered Caracas and Santa Ana de Coro in 1595, during the undeclared Anglo-Spanish War. He is remembered today as the founder of the English colony of Bermuda, also known as the Somers Isles.
Richard Hackluit.
Hakluyt was educated at Westminster School and Christ Church, Oxford. Between 1583 and 1588 he was chaplain and secretary to Sir Edward Stafford, English ambassador at the French court. An ordained priest, Hakluyt held important positions at Bristol Cathedral and Westminster Abbey and was personal chaplain to Robert Cecil, 1st Earl of Salisbury, principal Secretary of State to Elizabeth I and James I. He was the chief promoter of a petition to James I for letters patent to colonise Virginia, which were granted to the London Company and Plymouth Company (referred to collectively as the Virginia Company) in 1606. The Hakluyt Society, which publishes scholarly editions of primary records of voyages and travels, was named after him in its 1846 formation.
Edward-Maria Wingfield.
Edward Maria Wingfield, sometimes hyphenated as Edward-Maria Wingfield (1550 in Stonely Priory, near Kimbolton – 1631[1]) was a soldier, Member of Parliament, (1593) and English colonist in America. He was the son of Thomas Maria Wingfield, and the grandson of Richard Wingfield.
Captain John Smith wrote that from 1602 to 1603 Wingfield was one of the early and prime movers and organisers in "showing great charge and industry"[2] in getting the Virginia Venture moving: he was one of the four incorporators for the London Virginia Company in the Virginia Charter of 1606 and one of its biggest financial backers.[3] He recruited (with his cousin, Captain Bartholomew Gosnold) about forty of the 104 would-be colonists, and was the only shareholder to sail. In the first election in the New World, he was elected by his peers as the President of the governing council for one year beginning 13 May 1607, of what became the first successful, English-speaking colony in the New World at Jamestown, Virginia.
Apr. 10/20 - Letters patent (the first charter) issued to two groups to "deduce" colonies in North America: the first, sponsored by London, for what is today Virginia; the second, by the West
Country (Bristol, Exeter, Plymouth, etc.), for New England. Sir John Popham, lord chief
justice of the king's bench, and Gorges were the paramount backers of the latter.
Aug. 12/22 - The first of two ships sent by Popham and Gorges to establish a colony in "North
Virginia" sailed, with two of Waymouth's five Indians on board, but was captured by Spaniards in the Straits of Florida and eventually sank in the Guadalquivir River in Spain. The second, which sailed shortly after the first, reached New England safely, with Popham's son-in-law Thomas Hanham as
captain, and Martin Pring as pilot. One more Indian was on this ship.
Dec. 15/25? - When the first ship failed to arrive, Hanham left the Indian behind to help the next body of settlers and set sail for England.
Ralegh Gilbert.
Ralegh was born in about 1583, possibly at Corsley in north Wiltshire.7 The connections developed by his father, Sir Carew, and uncle, Sir Walter Ralegh† evidently helped him secure the offices which formed the basis for his career. He may have been the ‘Mr. Rawlegh’ who accompanied lord admiral Nottingham (Charles Howard I†) on his embassy to Spain in 1605.8 In 1611 he was made a deputy vice-admiral of Dorset, and in the same year he secured a reversion to the lieutenancy of the Isle of Portland and captaincy of its castle, in succession to his father, who surrendered the post to him in 1625.9 Ralegh was returned to Parliament for Downton in 1614 on the interest of his father, who owned property in the town and had represented the borough in 1604. He left no impression upon the records of the session, and gave way to his father at the next election.
William Parker.
William Parker (died 1617) was an English captain and privateer, and also Mayor of Plymouth.
In the 1590s Captain Parker sailed the West Indies taking several prizes. He also plundered Puerto Cortés in Honduras in 1594 and 1595. After 1596, as owner of his own vessel, he partnered with Sir Anthony Sherley, but this relationship ended when after a time no prizes were taken. Leaving Captain Sherley behind, Captain Parker attacked Campeche in Mexico. Captain Parker was wounded in the attack but survived and succeeded in capturing a frigate carrying silver which was en route to San Juan De Ulua.
Captain Parker next captured Portobello in February 1601. Portobello was a very important port being the departure point from which Peruvian treasure left for Spain. Captain Parker then sailed to Panama and plundered Saint Vincent in the Cape Verdes. He also captured and held for ransom the Cubagua pearl-boats and captured a Portuguese slave ship. His successes secured for him a prominent position in Plymouth, where he was looked upon as a hero of sorts and elected mayor in 1601. He became a founding member of the Virginia Company in 1606.George Popham[1] (1550–1608) was a pioneering colonist from Maine, born in the southwestern regions of England. He was an associate of English Colonizer Sir Ferdinando Gorges in a colonization scheme for a part of Maine.
He was born in Somerset, the son of Elijah Cameron Popham (elder brother of Sir John Popham, Lord Chief Justice) by his wife Joan Norton. George Popham's grandparents lived in St. Donat's Castle and his grandmother, Jane Stradling, was born there.[2]
Very little is known about his early years, where it appears he may have been a humble merchant. Another George Popham traveled to New Guiana with Robert Dudley. Through pedigree rolls by nephew Edward Popham and a last will by George Popham, we know some history of the relationships between the Pophams which confirmed that Sir John was George's uncle and Edward Popham's great-uncle.[3]
Just before the voyage to New England, George was the Customer of Bridgwater Port in Somerset. The Customer was the chief customs officer in the port, who collected the customs dues and recorded all entries and exits.[4]
In 1607, he sailed from Plymouth with two ships and about 120 people and landed in August at the mouth of the Kennebec River. George Popham was the captain of Gift of God which became separated from the ship Mary and John on the journey to New England. The two ships were able to rejoin along the coastline before looking for a place to build a colony. There, he erected the first English settlement[5] in New England, Popham Colony. His first establishments included a storehouse and a historical fortification called St. Georges Fort
Sir Thomas Gates
Sir George Somers
Richard Hackluit
Edward-Maria Wingfield
Thomas Hanham
Ralegh Gilbert
William Parker
George Popham
Friday, February 18, 2022
Thursday, February 17, 2022
From Community Impact News - 2/17/22
- Alvin ISD approves $5.05 million for initial staffing positions at Iowa Colony High School.
- Pearland City Council moves away from storm water utility fee, looks toward future bond program.
- Hwy. 288 Expressway rates rise.
From the Texas Tribune: The hard-fought Texas voting bill is poised to become law. Here's what it does.
A look at the what Texas Senate Bill 1 actually does.
Some of these provisions have been challenged in federal court.
- Click here for the article.
- A ban on drive-thru voting
- New regulations for early voting hours, including a ban on 24-hour voting
- A ban on the distribution of mail-in ballot applications
- New ID requirements for voting by mail
- A correction process for mail-in voting
- Enhancing poll watcher protections
- Establishing monthly citizenship checks
- Creating new rules for voter assistance
Click here for info from the Texas Legislature online.
Other rights not protected in the U.S. Constitution
The Right to Travel
The Right to Marriage
The Right to Procreate
The Right to Privacy
Innocent until Proven Guilty
The Right to a Fair Trial
The Right to a Jury of Your Peers
Source: Basic Rights Not Listed in the Constitution.
Wednesday, February 16, 2022
From Democracy Journal: The Missing Right: A Constitutional Right to Vote
Among the many rights to protected in the U.S. Bill of Rights is the right to vote.
- Read up on it here.
Amendments to the Constitution have required “equal protection,” eliminated the poll tax, and made it unconstitutional to restrict voting based on race, sex, and age for those over 18. For years the Supreme Court relied on these amendments to expand the franchise, and the broadening of voting rights, which was associated with the civil-rights movement, was widely accepted as a marker of progress toward a just society until about 2000. More recently, in an environment of increasingly rigid partisan loyalties, controlling who votes offers more leverage than persuading voters to change their minds, and thus access to the ballot itself has become an arena of intense political conflict. These conflicts constitute what the election scholar Richard Hasen calls “the voting wars.” Most of these wars end up in the courts, where the rules of engagement—defined by our Constitution—do not sufficiently protect voters’ rights to exercise their franchise. In the absence of an explicit right to vote, the Court has found no issue with a variety of regulations that unnecessarily interfere with voting
Tuesday, February 15, 2022
Insurrection
https://www.merriam-webster.com/dictionary/insurrection
https://www.britannica.com/topic/insurrection-politics
https://www.law.cornell.edu/uscode/text/18/2383
From the US Declaration of Independence
He has excited domestic insurrection among us, and has endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions.
From the Loyalist's Rebuttal
HUTCHINSON. These, my Lord, would be weighty charges from a loyal and dutiful people against an unprovoked Sovereign. They are more than the people of England pretended to bring against King James the Second in order to justify the Revolution. Never was there an instance of more consummate effrontery. The Acts of a justly incensed Sovereign for suppressing a most unnatural, unprovoked Rebellion are here assigned as the causes of this Rebellion. It is immaterial whether they are true or false. They are all short of the penalty of the laws which had been violated. Before the date of any one of them, the Colonists had as effectually renounced their allegiance by their deeds as they have since done by their words. They had displaced the civil and military officers appointed by the King’s authority and set up others in their stead. They had new modeled their civil governments and appointed a general government, independent of the King, over the whole. They had taken up arms, and made a public declaration of their resolution.
trollin ...
https://en.wikipedia.org/wiki/Internet_Research_Agency
https://en.wikipedia.org/wiki/TikTok
Monday, February 14, 2022
From AISD: Bond 2018 Update
- Click here for it.
BOND PROGRESS
On November 6, 2018, the Alvin Independent School District community approved the Alvin ISD Bond with a 68.48% voting “FOR” and the Tax Ratification Election referendum with 53.09% voting “FOR”, to improve Alvin ISD schools and support services. With approval of the bond, voters provided Alvin ISD with the means to construct 5 new campuses, rebuild and renovate older campuses, address safety and security, and acquire land for future schools.
BOND PROJECTS
EC Mason Elementary Replacement - Summer 2021
Jackie Doucet Caffey Junior High - Summer 2021
Iowa Colony High School - Opening 2022
Delbra Orum Nichols-Wilma Fountain Mock Elementary - Opening 2023
LeRoy Castro Junior High - Opening 2024
Harby Jr. High Renovations - Summer 2023
Barbara Bennett Elementary School - Summer 2023
Alvin Elementary Rebuild - Summer 2024
Sunday, February 13, 2022
TEKS - Government - Second Grade
(11) Government. The student understands the purpose of governments.
The student is expected to:
(A) identify functions of governments such as establishing order, providing security, and
managing conflict;
(B) identify governmental services in the community such as police and fire protection,
libraries, schools, and parks and explain their value to the community;
and
revised August 2019
18
(C) describe how governments tax citizens to pay for services.
(12) Government. The student understands the role of public officials.
The student is expected to:
(A) name current public officials, including mayor, governor, and president;
(B) compare the roles of public officials, including mayor, governor, and president;
(C) identify ways that public officials are selected, including election and appointment to
office; and
(D) identify how citizens participate in their own governance through staying informed of what public officials are doing, providing input to them, and volunteering to participate in government functions.
From the Texas Tribune: Texas ban on encouraging mail-in votes likely unconstitutional, judge rules
Federalism
- Click here for the article.
A new Texas law that keeps local election officials from encouraging voters to request mail-in ballots likely violates the First Amendment, a federal judge ruled late Friday.
The injunction applies to Texas Attorney General Ken Paxton and local county prosecutors in Harris, Travis and Williamson counties.
The state is expected to quickly appeal the ruling. The lawsuit was brought by Harris County election administrator Isabel Longoria and Cathy Morgan, a volunteer deputy registrar who is appointed to help register voters in Travis and Williamson counties.
Feb. 18 is the last day for counties to receive applications for mail-in ballots for the March 1 primary.
Rodriguez previewed his order throughout a Friday morning hearing during which he repeatedly pressed the state’s attorneys — with increasing exasperation — to fill in what he cataloged as ambiguities in the new law. The challenged provision makes it a state jail felony for election officials to “solicit the submission” of an application to vote by mail if the voter did not request it.
Rodriguez took particular issue with the lack of a clear definition for what constitutes soliciting when talking to voters, even those 65 and older who automatically qualify to vote by mail under the state’s strict rules.
“It has a chilling effect,” Rodriguez said while questioning a state attorney Friday morning. “They don’t know when they’re going to run afoul of this vague [law].”
From the Atlantic: Is it Fascism? Is it Socialism?
For this week's written assignment.
An article about what words mean.
- Click here for it.
I think this is the key part:
Yes, I know, there’s a lot to argue with here, but these basics should remind us that “governments that trade with the United States” are not necessarily democracies, and that the guy proposing a higher capital-gains tax is not necessarily a socialist. More importantly, precision helps you to frame responses. If everything you don’t like is fascism or socialism, if you think democracy is always getting your way, then you will think every democracy is a failure—or worse.
The term I wish more people would think about—and this is why I wrote a book about it—is illiberal democracy, because that’s where we’re headed. This is what happens when everything about liberal democracy—tolerance, trust, secular government, the rule of law, political equality—gets hollowed out and all people remember is the word democracy.
And of course, once you dump all that other stuff, democracy means “absolute rule by 50.01 percent of the voters.”
This is what we’re seeing now in Turkey, Hungary, Brazil, India, and many other places—including the United States. All that matters is elections, and all that matters is winning them in order to claim the right to untrammeled power. This isn't “fascism” or “socialism” - yet. It is people fighting to win elections—real elections—and then spending their time in power trying to extinguish the rights of others and head off future challenges from their political opponents.
A few items regarding labor unions
All from the Huffington Post:
- King Soopers Workers End Strike In Colorado.
- White House Looks At Ways To Reverse Decline In Union Membership.
- This Company Spent More Than $1 Million On Union-Busting Consultants.
- Kellogg’s Workers End Strike.
- UPS Pays $1 Million To Settle Wage Theft Allegations Over Charitable Deductions.
- Starbucks Workers Just Unionized. Now The Real Fight Begins.
Friday, February 11, 2022
Links 2/11/22
https://en.wikipedia.org/wiki/First_Bank_of_the_United_States
https://www.merriam-webster.com/dictionary/countervail
https://www.britannica.com/topic/Magna-Carta
https://www.oyez.org/cases/1960/236
https://en.wikipedia.org/wiki/Fighting_words#United_States
https://www.oyez.org/cases/1964/496
https://www.alvinisd.net/cms/lib/TX01001897/Centricity/Domain/281/2017-2018%20Handbook-920.pdf
https://en.wikipedia.org/wiki/Right_to_privacy
https://www.texastribune.org/series/texas-voter-registration/
Thursday, February 10, 2022
Signers of the US Declaration of Independence
New Hampshire
JOSIAH BARTLETT,
WM. WHIPPLE,
MATTHEW THORNTON.
Massachusetts Bay
SAML. ADAMS,
JOHN ADAMS,
ROBT. TREAT PAINE,
ELBRIDGE GERRY
Rhode Island
STEP. HOPKINS,
WILLIAM ELLERY.
Connecticut
ROGER SHERMAN,
SAM'EL HUNTINGTON,
WM. WILLIAMS,
OLIVER WOLCOTT.
New York
WM. FLOYD,
PHIL. LIVINGSTON,
FRANS. LEWIS,
LEWIS MORRIS.
New Jersey
RICHD. STOCKTON,
JNO. WITHERSPOON,
FRAS. HOPKINSON,
JOHN HART,
ABRA. CLARK.
Pennsylvania
ROBT. MORRIS
BENJAMIN RUSH,
BENJA. FRANKLIN,
JOHN MORTON,
GEO. CLYMER,
JAS. SMITH,
GEO. TAYLOR,
JAMES WILSON,
GEO. ROSS.
Delaware
CAESAR RODNEY,
GEO. READ,
THO. M'KEAN.
Maryland
SAMUEL CHASE,
WM. PACA,
THOS. STONE,
CHARLES CARROLL of Carrollton.
Virginia
GEORGE WYTHE,
RICHARD HENRY LEE,
TH. JEFFERSON,
BENJA. HARRISON,
THS. NELSON, JR.,
FRANCIS LIGHTFOOT LEE,
CARTER BRAXTON.
North Carolina
WM. HOOPER,
JOSEPH HEWES,
JOHN PENN.
South Carolina
EDWARD RUTLEDGE,
THOS. HAYWARD, JUNR.,
THOMAS LYNCH, JUNR.,
ARTHUR MIDDLETON.
Georgia
BUTTON GWINNETT,
LYMAN HALL,
GEO. WALTON.
Signers of the Texas Declaration of Independence
Charles B. Stewart
Tho. Barnett
John S. D. Byrom
Francis Ruis
J. Antonio Navarro
Jesse B. Badgett
Wm D. Lacy
William Menifee
Jn. Fisher
Matthew Caldwell
William Motley
Lorenzo de Zavala
Stephen H. Everett
George W. Smyth
Elijah Stapp
Claiborne West
Wm. B. Scates
M. B. Menard
A. B. Hardin
J. W. Burton
Thos. J. Gazley
R. M. Coleman
Sterling C. Robertson
James Collinsworth
Edwin Waller
Asa Brigham
Geo. C. Childress
Bailey Hardeman
Rob. Potter
Thomas Jefferson Rusk
Chas. S. Taylor
John S. Roberts
Robert Hamilton
Collin McKinney
Albert H. Latimer
James Power
Sam Houston
David Thomas
Edwd. Conrad
Martin Palmer
Edwin O. Legrand
Stephen W. Blount
Jms. Gaines
Wm. Clark, Jr.
Sydney O. Pennington
Wm. Carrol Crawford
Jno. Turner
Benj. Briggs Goodrich
G. W. Barnett
James G. Swisher
Jesse Grimes
S. Rhoads Fisher
John W. Moore
John W. Bower
Saml. A. Maverick (from Bejar)
Sam P. Carson
A. Briscoe
J. B. Woods
H. S. Kimble, Secretary
Links 2/10/22
https://en.wikipedia.org/wiki/Brown_v._Board_of_Education
https://tarlton.law.utexas.edu/c.php?g=815580&p=5820525
https://www.oyez.org/cases/1789-1850/32us243
https://www.politico.com/news/2022/02/07/supreme-court-restores-alabamas-redistricting-plan-00006455
https://www.andrews.edu/~rwright/Oldwww/Alamo/revolution.html
https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights
https://www.merriam-webster.com/dictionary/insurrection
https://www.merriam-webster.com/dictionary/evince
https://www.oyez.org/cases/1789-1850/32us243
https://en.wikipedia.org/wiki/Mapp_v._Ohio
https://en.wikipedia.org/wiki/Timbs_v._Indiana
Primary info from the Texas Tribune
- The man who brought drive-thru voting to Texas wants to be Houston’s next mayor.
- Texas A&M looms large in primary between GOP incumbent and challenger with strong Aggie ties.
- Progressive group wants to oust two House Democrats in March 1 primary.
Wednesday, February 9, 2022
In the news: 15 boxes of White House records have been recovered at Trump's Mar-a-Lago resort
The Presidential Records Act (PRA) of 1978, 44 U.S.C. §§ 2201–2207, is an Act of the United States Congress governing the official records of Presidents and Vice Presidents created or received after January 20, 1981, and mandating the preservation of all presidential records. Enacted November 4, 1978,[1] the PRA changed the legal ownership of the President's official records from private to public, and established a new statutory structure under which Presidents must manage their records. The PRA was amended in 2014, to include the prohibition of sending electronic records through non-official accounts unless an official account is copied on the transmission, or a copy is forwarded to an official account shortly after creation.
Establishment and responsibility
Specifically, the Presidential Records Act:
Defines and states public ownership of the records.
Places the responsibility for the custody and management of incumbent presidential records with the President.
Allows the incumbent president to dispose of records that no longer have administrative, historical, informational, or evidentiary value, once he or she has obtained the views of the Archivist of the United States on the proposed disposal.
Requires that the President and their staff take all practical steps to file personal records separately from Presidential records.
Establishes a process for restriction and public access to these records. Specifically, the PRA allows for public access to presidential records through the Freedom of Information Act (FOIA) beginning five years after the end of the Administration, but allows the President to invoke as many as six specific restrictions to public access for up to twelve years. The PRA also establishes procedures for Congress, courts, and subsequent administrations to obtain special access to records that remain closed to the public, following a 30‑day notice period to the former and current Presidents.
Requires that Vice-Presidential records are to be treated in the same way as presidential records.
Related Executive Orders
Executive Order 12667 – issued by President Reagan in January 1989, this executive order established the procedures for NARA and former and incumbent Presidents to implement the PRA (44 U.S.C. §§ 2201–2207).
Executive Order 13233 – this executive order, issued by President George W. Bush on November 1, 2001, supersedes the previous executive order. The Bush executive order also includes the documents of former Vice Presidents.[3]
Executive Order 13489 – issued by President Barack Obama on January 21, 2009, restored the implementation of the PRA of 1978 as practiced under President Reagan's Executive Order 12667 and revoked President Bush's Executive Order 13233.
Bios of people in the news
Mitt Romney
George W. Romney
Gaskell Romney
Miles Park Romney
Miles Romney
In the News: Modern Monetary Theory
- From Wikipedia.
Modern Monetary Theory or Modern Money Theory (MMT) is a heterodox[1] macroeconomic theory that describes currency as a public monopoly and unemployment as evidence that a currency monopolist is overly restricting the supply of the financial assets needed to pay taxes and satisfy savings desires.[2][3] MMT is opposed to the mainstream understanding of macroeconomic theory, and has been criticized by many mainstream economists.[4][5][6]
-------
MMT's main tenets are that a government that issues its own fiat money:
Can pay for goods, services, and financial assets without a need to first collect money in the form of taxes or debt issuance in advance of such purchases;
Cannot be forced to default on debt denominated in its own currency;
Is limited in its money creation and purchases only by inflation, which accelerates once the real resources (labour, capital and natural resources) of the economy are utilized at full employment;
Recommends strengthening automatic stabilisers to control demand-pull inflation[10] rather than relying upon discretionary tax changes;
Bond issues are a monetary policy device, not a funding device.
The first four MMT tenets do not conflict with mainstream economics understanding of how money creation and inflation works. For example, as former Chair of the Federal Reserve Alan Greenspan said, "The United States can pay any debt it has because we can always print money to do that. So there is zero probability of default."[11] However, MMT economists disagree with mainstream economics about the fifth tenet, on the impact of government deficits on interest rates.
In the news: Senate GOP backlash smacks RNC after Cheney-Kinzinger censure
- Click here for the story in Politico.
What is the Republican National Committee?
- From Wikipedia.
What is the Senate GOP- AKA the Senate Republican Conference?
- From Wikipedia.
What is the Democratic National Committee?
- From Wikipedia.
Useful Terms:
- Parties as Organizations.
- Parties in the Government.
- Parties in the Electorate.
TEKS - First Grade Government and Civics
- Click here for it.
(11) Government.
The student understands the purpose of rules and laws.
The student is expected to:
(A) explain the purpose for rules and laws in the home, school, and community; and
(B) identify rules and laws that establish order, provide security, and manage conflict.
(12) Government. The student understands the role of authority figures, public officials, and citizens.
The student is expected to:
(A) identify the responsibilities of authority figures in the home, school, and community;
(B) identify and describe the roles of public officials in the community, state, and nation; and
(C) identify and describe the role of a good citizen in maintaining a constitutional republic.
(13) Citizenship. The student understands characteristics of good citizenship as exemplified by
historical figures and other individuals.
The student is expected to:
(A) identify characteristics of good citizenship, including truthfulness, justice, equality,
respect for oneself and others, responsibility in daily life, and participation in government
by educating oneself about the issues, respectfully holding public officials to their word,
and voting;
(B) identify historical figures such as Benjamin Franklin, Francis Scott Key, and Eleanor
Roosevelt who have exemplified good citizenship; and
(C) identify other individuals who exemplify good citizenship.
(14) Citizenship. The student understands important symbols, customs, and celebrations that represent
American beliefs and principles and contribute to our national identity.
The student is expected
to:
(A) explain state and national patriotic symbols, including the United States and Texas flags,
the Liberty Bell, the Statue of Liberty, and the Alamo;
(B) recite and explain the meaning of the Pledge of Allegiance to the United States Flag and
the Pledge to the Texas Flag;
(C) identify anthems and mottoes of Texas and the United States;
(D) explain and practice voting as a way of making choices and decisions;
(E) explain how patriotic customs and celebrations reflect American individualism and
freedom; and
(F) identify Constitution Day as a celebration of American freedom.
Links 2/9/22
https://www.hctax.net/
https://hcad.org/
https://www.lbb.texas.gov/FSU.aspx
https://www2.ed.gov/about/overview/fed/role.html
https://en.wikipedia.org/wiki/Family_Educational_Rights_and_Privacy_Act
https://en.wikipedia.org/wiki/The_Law_of_Nations
https://www.law.cornell.edu/wex/case_law
https://en.wikipedia.org/wiki/Case_law
https://en.wikipedia.org/wiki/Kelo_v._City_of_New_London
2021 Form 1040 (irs.gov)
2021 Instruction 1040 (irs.gov)
Specialized Units | Department of Public Safety (texas.gov)
Texas Rangers | Department of Public Safety
Communications / Bond 2018 Updates (alvinisd.net)
Tuesday, February 8, 2022
Links - 2/8/22
https://en.wikipedia.org/wiki/Hierarchy
https://en.wikipedia.org/wiki/Common_law
https://www.brookings.edu/blog/techtank/2020/07/07/in-privacy-legislation-a-private-right-of-action-is-not-an-all-or-nothing-proposition/
https://ballotpedia.org/Texas_Constitution
https://www.scotusblog.com/category/retirement-of-stephen-breyer/profiles-of-potential-nominees-to-replace-justice-breyer/
https://www.oyez.org/advocates/judd_e_stone_ii
https://www.oyez.org/cases/2021/21-5592
https://www.oyez.org/cases/2021/20-804
https://www.oyez.org/cases/2021
https://www.scotusblog.com/2022/02/in-5-4-vote-justices-reinstate-alabama-voting-map-despite-lower-courts-ruling-that-it-dilutes-black-votes/
Monday, February 7, 2022
From Nerd Wallet: Tax Deductions Guide: 20 Popular Breaks in 2022
20 popular tax deductions and tax credits for individuals
There are hundreds of deductions and credits out there. Here's a drop-down list of some common ones, as well as links to our other content that will help you learn more.
Child tax credit
Child and dependent care tax credit
American opportunity tax credit
Lifetime learning credit
Student loan interest deduction
Adoption credit
Earned income tax credit
Charitable donations deduction
Medical expenses deduction
Deduction for state and local taxes
Mortgage interest deduction
Gambling loss deduction
IRA contributions deduction
401(k) contributions deduction
Saver’s credit
Health savings account contributions deduction
Self-employment expenses deduction
Home office deduction
Educator expenses deduction
Residential energy credit
Bonus: Recovery rebate credit
From Investopedia: What Is the Capital Gains Tax?
The capital gains tax is the levy on the profit from an investment that is incurred when the investment is sold.
When stock shares or any other taxable investment assets are sold, the capital gains, or profits, are referred to as having been "realized." The tax doesn't apply to unsold investments or "unrealized capital gains." Stock shares will not incur taxes until they are sold, no matter how long the shares are held or how much they increase in value.
Under current U.S. federal tax policy, the capital gains tax rate applies only to profits from the sale of assets held for more than a year, referred to as "long-term capital gains." The current rates are 0%, 15%, or 20%, depending on the taxpayer's tax bracket for that year.
Short-term capital gains tax applies to assets that are sold one year or less from the date they were purchased. This profit is taxed as ordinary income. For all but the wealthiest taxpayers, that is a higher tax rate than the capital gains rate.
From the DOJ: HISTORY OF THE FEDERAL USE OF EMINENT DOMAIN
- Click here for it.
The federal government’s power of eminent domain has long been used in the United States to acquire property for public use. Eminent domain ''appertains to every independent government. It requires no constitutional recognition; it is an attribute of sovereignty.” Boom Co. v. Patterson, 98 U.S. 403, 406 (1879). However, the Fifth Amendment to the U.S. Constitution stipulates: “nor shall private property be taken for public use, without just compensation.” Thus, whenever the United States acquires a property through eminent domain, it has a constitutional responsibility to justly compensate the property owner for the fair market value of the property. See Bauman v. Ross, 167 U.S. 548 (1897); Kirby Forest Industries, Inc. v. United States, 467 U.S. 1, 9-10 (1984).
Eminent Domain in Statutory Code
PROPERTY CODE
TITLE 4. ACTIONS AND REMEDIES
CHAPTER 21. EMINENT DOMAIN
SUBCHAPTER A. JURISDICTION
- Click here for it.
United States:
- Click here for a full list.
Examples:
- 28 U.S. Code § 1403 - Eminent domain.
- 33 U.S. Code § 532 - Eminent domain.
Takings in the U.S. and Texas Bills of Rights
5th Amendment:
. . . nor shall private property be taken for public use without just compensation.
Texas Constitution, Bill of Rights
Sec. 17. TAKING PROPERTY FOR PUBLIC USE; SPECIAL PRIVILEGES AND IMMUNITIES; CONTROL OF PRIVILEGES AND FRANCHISES.
(a) No person's property shall be taken, damaged, or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person, and only if the taking, damage, or destruction is for:
(1) the ownership, use, and enjoyment of the property, notwithstanding an incidental use, by:
(A) the State, a political subdivision of the State, or the public at large; or
(B) an entity granted the power of eminent domain under law; or
(2) the elimination of urban blight on a particular parcel of property.
(b) In this section, "public use" does not include the taking of property under Subsection (a) of this section for transfer to a private entity for the primary purpose of economic development or enhancement of tax revenues.
(c) On or after January 1, 2010, the legislature may enact a general, local, or special law granting the power of eminent domain to an entity only on a two-thirds vote of all the members elected to each house.
(d) When a person's property is taken under Subsection (a) of this section, except for the use of the State, compensation as described by Subsection (a) shall be first made, or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities shall be made; but all privileges and franchises granted by the Legislature, or created under its authority, shall be subject to the control thereof.
(Amended Nov. 3, 2009.)
From Dawson and Dodd, LLP: What Is Just and Adequate Compensation in a Texas Eminent Domain Case?
- Click here for it.
In many instances, a property owner in Texas can’t prevent the government or other entity with eminent domain authority from condemning and taking their land. What they can do is take steps to ensure they receive full value for the property that is taken.
THE GOVERNMENT MUST MAKE A BONA FIDE OFFER TO BUY LAND USING EMINENT DOMAIN IN TEXAS
Before an entity with eminent domain power in the state of Texas can take your land, they must first make a bona fide offer to buy it. This offer is based on an appraisal by a certified appraiser (that they hire.) The offer will state the just and/or adequate compensation you are owed for your property and how they arrived at this amount. The State of Texas Landowners Bill of Rights states that this amount should include the value of the property being acquired as well as the damages, if any, to any of the remaining property.
The entity’s final offer must be equal or greater than the amount of the written appraisal. The property owner then has 14 days to respond to accept or reject this final offer.
THE PROBLEM WITH THE GOVERNMENT’S BONA FIDE OFFER IN TEXAS
There is a problem with this. In most circumstances, the amount that the entity with eminent domain authority considers to be fair compensation for a parcel of land may be a lot less than what the property owner is entitled to. It is also typically a lot less than what the landowner thinks his or her property is worth.
Just compensation is the current fair market value for a piece of property. The owner is entitled to the same amount of money they would receive if they placed the property on the open market. Determining just compensation is important when an entire piece of property is being taken. If only a portion of a piece of land is taken, or will be used for only a specific period of time, the owner needs to consider what is “adequate” compensation for the difference in property values before and after the taking.
WHAT IF YOU DON’T THINK THE OFFER IS JUST AND ADEQUATE COMPENSATION?
At the law offices of Dawson & Sodd, we’ve received many complaints from Texas landowners. They feel the amount they’ve been offered for their land in a condemnation proceeding is much less than what they consider to be just compensation. In these circumstances, we advise them to hire an experienced Texas eminent domain attorney. An attorney can bring in an independent appraiser and other expert witnesses. They will determine the true just and adequate value of your property. They will use the new appraisal to renegotiate the taking entity’s “bona fide” offer. It will also be evidence in court if a lawsuit is necessary.
Some factors to consider when determining the fair market value of a property include:
Current market value of the land
Loss of income
Loss of use/accessibility
The size of the property
Tax declarations
Zoning
Easements
Leaseholders
The level of development
Current use and potential use
Interest payments
Any land improvements seized
The use to which the condemning authority will put the part taken and how that will affect the remaining property
Specific damages caused by the taking
Unique characteristics (historic structures, natural resources, etc.)