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KFDA

Amarillo, Texas- As expected, Texas Governor Rick Perry has called for a special legislative session.  He announced Thursday that lawmakers will be called to Austin July 1st.

The filibuster at the end of the last session to prevent a voter ID vote prevented two essential bills from getting passed.  A safety net measure would allow the transportation and insurance departments and others to keep operating.  Also, the Texas Department of Transportation depended on $2-billion of road building bonds that weren't passed.

So the primary goal of lawmakers is to get those two bills passed this session.

This synopsis by KFDA in Amarillo explains only the most recent part of the Texas saga, in which the Governor is required to deal with the municipal\ public body\ bureaucracy against the libertarian\property owner and farmer lobbyists.

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LoHud.com

PORT CHESTER - The village apologized to a property owner today for improperly seizing his land a decade ago and officially signed an agreement that will pay him $475,002 and name a street after him.

"The village acknowledges the importance of this litigation and regrets the hardship it has caused Mr. Brody for the years he has had to fight to vindicate his rights," Mayor Dennis Pilla read from a statement at Village Hall.

The public apology was part of a settlement that will give William Brody $475,002 and name the corner of North Main Street and East William Street "William Brody Plaza."

"I'm glad everything came to a close," Brody said after the news conference.

Dana Berliner, his attorney with the Institute for Justice, acknowledged that the terms of the agreement were unusual, but noted that Brody's case led to a landmark change in state eminent-domain law.

This recent, Lower Hudson Journal News, article hits on something that places similar to Freeport, Texas should look at; a simple apology by a condemning agency for taking away an individual’s right to maintain and own property.

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Sealy News

Texas representatives have added additional protection to landowners against eminent domain abuse by repealing the “jury of view” process from the transportation code.

The legislation, authored by Rep. Lois Kolkhorst, R-Brenham, repeals the powerful, but rarely used process known as “jury of view”, which local governments can invoke to remove important constitutional protections usually afforded to landowners. The process gives county commissioners the opportunity to appoint five individuals to determine the path of a road and assess any damages incurred by property owners with no appeals process.

“This is a great example of how getting rid of a law will protect our rights and give more power to the property owners,” Kolkhorst said. “We need to shut down this loophole because it gives the government a way to avoid eminent domain proceedings.”

Landowners who oppose the process say that jury of view allows local governments to be the final arbiters of a land condemnation proceeding and denies affected parties a new trial to review or challenge a condemnation decision.

Critics say the process has sometimes been abused, and has been selectively used by local governments hoping to avoid the scrutiny that traditional eminent domain hearings may bring to controversial projects.

“This law denies the public their constitutional due process to landowner protections. It’s time to get rid of it, and I’m glad my fellow lawmakers agreed,” Kolkhorst said.

The bill passed unanimously and had the support of the Texas Farm Bureau.

By legislative action, Texas is modifying what might have otherwise required judicial nullification of an unconstitutional process. 

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thefacts.com

Over the course of the project since its inception in the early 2000s, officials have debated the project’s need. The marina survived six years of political power struggles and court battles. Many opposed the city’s attempted use of eminent domain to secure dockfront property for the marina.

McDonald reiterated the marina project will go through because that was one of his campaign promises. But the new findings will push the marina further behind schedule. Tarver predicted a summer 2009 opening but said it needs to be completed in a timely manner so the city could start getting money back on the lease.

-The Freeport,Texas overbearing and inane destruction of private property for a private use is an example of what makes owners shudder about the Kelo decision. The private use taking involved here will affect the whole community.

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