Keystone Pipeline v Texas Property Rights

The Canadian company that want to build the portion of the Keystone XL pipeline through Texas has to do so through a lot of property. It is hopeful the courts will see things its way and allow it to declare eminent domain in order to allow it to build.

But it is finding some obvious resistance. Striking the right balance between private proerty rights and the right of a company to provide "common" benefit to aquire property to do it.

StateImpact reports on the curent controversy and the difficulty that lies ahead in resolving it. Texas courts and at least one committee in the legislature are tackling the issue.

Texas Tribune weighs in as well. 

Pipelines and eminent domain in Texas: Is a pipeline a "public use" under the Texas Constitution?

Here's controversy over the meaning of constitutional terminology - it can happen in Texas too.

Property owners in the state are complaining about  pipelines forcibly constructed over their land. The pipeline companies argue that doing so is legal in the same sense that it would be legal to construct a highway. The highway allows for "public use" of the land and fits within the limits set in both the Texas and US Constitutions. But is a pipeline a public use? Property owners argue that the state is allowing the companies access to their land for a public benefit, which is not allowed under either Constitution.

In August the Texas Supreme Court ruled against Denbury Resources saying that their proposed pipeline was not a public use. Pipeline companies are pushing back however.

Eminent Domain in Freeport

Here's a interesting take on a recent dispute in Freeport regarding eminent domain, which if one of the governor's emergency issues.

Constitutional Amendment Election Set

Ten proposals will be on the ballot this November including one limiting eminent domain, whcih we discussed in class Tuesday:

One of the most notable proposals on the ballot would ban the government from taking private property and giving it to a private developer to boost the local tax base. It also would limit the Legislature's authority in granting eminent domain power in the future.

Good News and Bad News for Metro

In a terrific example of how governmental objectives can contradict each other. Efforts to fund light rail in Houston are now in jeopardy over efforts to limit the ability to cities to use eminent domain to take private property for public uses.

Does the Chrysler Bankruptcy Deal Violate the Constitution?

HotAir thinks it does.

I blame the late hour, but the reasoning is too high brow for me. There are however increased concerns that the range of federal actions taken to keep the economy afloat has expanded government's role in the economy too far.

Click here for background on the Chrysler deal.

Eminent Domain in Texas

Rick Perry supports a constitutional amendment in Texas restricting eminent domain.