Tag: Texas

Posted on Aug 13, 2014 in News & Events

In July, the National Federation of Independent Business (NFIB) Small Business Legal Center and Owners’ Counsel of America (OCA) joined together to file an amici curiae brief (copy embedded below) in support of the property owner in State of Texas v. Clear Channel Outdoor, Inc., case number 13-0053, urging the Texas Supreme Court to uphold the award of just compensation to a billboard owner when the land on which its billboards were located was acquired by eminent domain.

Posted on May 8, 2013 in News & Events

Recently, the Texas Court of Appeals, Third District, issued a memorandum opinion in an interlocutory appeal from a trial court’s denial of the City’s plea to the jurisdiction relating to inverse condemnation claims for flooding. (A plea to the jurisdiction challenges the court’s authority to decide a case.)

Posted on Aug 24, 2012 in News & Events

In addition to the other eminent domain issue that has been all over the news of late, the Keystone XL pipeline and the grant of eminent domain power to TransCanada for the project has been one of the big eminent domain story this year.

Posted on Sep 29, 2010 in News & Events

Yesterday, the Fifth District Court of Appeals in Dallas, Texas heard oral argument in the defamation suit brought by developer H. Walker Royall against author Carla Main and the non-profit publisher, Encounter For Culture and Education, Inc. (“Encounter Books”), for writing and publishing the book Bulldozed: “Kelo,” Eminent Domain and the American Lust for Land. Dana Berliner, Institute for Justice Senior Attorney, argued on behalf of Main and Encounter Books in support of their first amendment rights to freedom of speech and in opposition to developer H. Walk Royall’s request for monetary damages and that the Court prohibit further printing or distribution of the book.

Posted on Sep 27, 2010 in News & Events

Tomorrow, September 28, 2010, author Carla T. Main and publisher Encounter Books will ask a Texas appeals court to dismiss the defamation lawsuit filed against them by Dallas developer H. Walker Royall.

Posted on Nov 4, 2009 in News & Events

In Tuesday’s election, Texas voters overwhelmingly voted in favor of Proposition 11, a constitutional amendment limiting the state’s eminent domain powers. Prop 11 (H.J.R. 14, Article 1) limits the use of eminent domain for public use and specifically defines “public use” to specifically not include “the taking of private property for…transfer to a private entity for the purpose of economic development or enhancement of tax revenue purposes.” (See “Analyses of Proposed Constitutional Amendments”, the Texas Legislative Council, pps. 27, 57-60.)

Posted on Jun 11, 2009 in News & Events

Recently, the Institute for Justice released the following press release regarding the lawsuit filed by Texas Developer H. Walker Royall against author Carla Main and publisher, Encounter Books, regarding Ms. Main’s book: Bulldozed: “Kelo,” Eminent Domain, and the American Lust for Land. The Institute for Justice represents Ms. Main and Encounter Books in this defamation suit. Bulldozed is available at Amazon and Barnes & Noble. For more about this story see our previous posts here.

Posted on Mar 26, 2009 in News & Events

Next Tuesday, IJ will hold a press conference on the south steps of the Texas State Capitol at which time IJ will release its mid-term report card on the state’s legislative proposals to reform eminent domain laws. Texas property owners from Freeport, El Paso, San Antonio and Houston who have been affected by eminent domain are expected to join the conference.

Posted on Mar 11, 2009 in News & Events

In a story published March 9, 2009 (“Gore might sell land for marina, after all”) by The Facts, Nathaniel Lukefahr reports that Wright Gore, III has begun negotiating with the various parties involved in the ownership of his family’s business, Western Seafood Co., to reorganize the business and the property on which it operates so that the property can be sold to the Freeport Economic Development Corporation (FEDC) for the marina project it began over 6 years ago.

Posted on Dec 11, 2008 in News & Events

Yesterday, the Institute for Justice released the following press release regarding the recent lawsuit filed by Dallas, Texas Developer H. Walker Royall against author Carla Main, Professor Richard Epstein and Ms. Main’s publisher, Encounter Books, regarding Ms. Main’s book: Bulldozed: “Kelo,” Eminent Domain, and the American Lust for Land. The book can be purchased online at http://www.amazon.com/dp/1594031932/