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Category Archives: Politics

Short Term vs. Long Term Effects of the Keystone XL Pipeline

15 Monday Oct 2012

Posted by texascondemnation in Pipelines, Politics, Property Rights

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The debates surrounding TransCanada’s proposed Keystone XL pipeline are contentious, indeed, but still seem to be missing some important questions. While GOP presidential nominee Mitt Romney plans on working towards this pipeline’s approval to decrease our dependence on foreign oil and create jobs, President Obama is fighting for an eco-friendly option. But both candidates forget our vital fifth amendment rights to just compensation. Whether it is this pipeline, a windmill farm, or a highway transit system, landowners’ property rights are jeopardized and no one wants to be the first to acknowledge the fact. Sure, pipelines and the like may create some temporary jobs here and there, but the long term result will be the permanent loss of someone’s private property. And with the economy continually improving, protecting landowners’ rights becomes even more important. Eminent domain is a powerful right that cannot go unchecked. It is vital that we learn how to protect our own rights as property owners.

View our comment on the Washington Post here.

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Wind Energy v. Coal – the Endless Debate

08 Monday Oct 2012

Posted by texascondemnation in Pipelines, Politics, Property Rights

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Blog, coal, east of eden, eco-friendly, energy, gas, just com, New York Times, Pipelines, property value, Texas Condemnation, texas eminent domain, wind energy

As with all things that closely intertwine with politics and the economy, wind energy also has its pros and cons. While some may defend it for its efficiency and its potential to sustain clean energy in the long run, others may point out how wind farms obliterate the beauty of American landscapes with their loud noises and endless strings of wire.

One player we generally forget to think about is the landowner whose land is burdened. When wind farms are created, as when pipelines are laid, who’s pockets make the greatest profit? Borrowing from “East of Eden”, the lucky Adam Trask whose luscious land had that magical oil well or windy hill and the shrewd power or oil company that taxes the consumers for the goods produced. No one really thinks about the Sam Hamilton under whose land the power lines that generate the wind farm or the pipeline that transfers oil is laid. This landowner is left stuck in between a rock and a hard place when the only compensation for use of his land is the value of the installation of the required equipment. What about the potential fire hazards as a result of sparks or lightening? And don’t forget the environmental hazards posed by a leaking pipeline, rendering this landowner’s property value virtually diminished.

Instead of debating over which form of energy is more cost effective or eco-friendly, it’s time we consider the effects of our policies on the unforgotten player in the game of energy production.

To read more, click here.

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Inside Out: A New Way of Looking at the 2012 Presidential Debate

04 Thursday Oct 2012

Posted by texascondemnation in Politics

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2012, alternative energy, Blog, Condemnation, debate, elections, Eminent Domain, GOP, health care policies, Johns Marrs Ellis & Hodge, Keystone pipeline, Keystone XL, News, Obama, oil and gas, Opinion, Pipelines, politics, presidential debate, property rights, Romney, Texas Condemnation, TransCanada, trickle down effect

“All of the increase in natural gas and oil has happened on private land, not on government land. On government land [Obama’s] administration has cut the number of permits and licenses in half. If I’m president, I’ll double them and bring the oil offshore from Alaska and I’d bring that pipeline in from Canada … I want to make America, North America, energy independent so we can create jobs.” Among the many contentious points of discussion during last night’s presidential debate was TransCanada’s Keystone XL pipeline. Obviously, a number of questions and criticisms arise in response to last night’s debate on these issues.

However, in speaking for or against these issues of progress versus sustainability, one particular player in the game was left unnoticed: the landowners. Not once in the debate did either Governor Romney or President Obama mention the property rights of land and business owners who face the real consequences of these projects. Furthermore, only a select few social media outlets even mention this controversial subject. Instead, we speak of tax reforms and the structure of the economy. We speak of health care and education. Don’t get me wrong; all of these issues are important, but how does anyone successfully solve a problem by looking at it only from the outside in? Our political leaders need to address the issues that concern our nation by pressing past the barriers of the outside perspective. Looking inside out, we find how cuts or increases in taxes can affect asset value, interest rates, and incentives to invest. We see how the trickle-down effect of the economy never reaches the average middle class landowner. Changes in health care policies may affect how landowners respond to oil spills, like the 12 suffered by Keystone XL just last year.

There is no right way to make policies, but there is a way to ensure the basic rights of property owners. The answer is a middle ground. We must abandon partisan bias and focus on the real issues at hand with an eye that sees from the inside out rather than the outside in. In the end, it is the landowners’ rights that must be protected.

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Whose Land Is It Anyway? – A Rising Tide of Eminent Domain Cases in Texas

14 Friday Sep 2012

Posted by texascondemnation in Pipelines, Politics, Property Rights

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2012, alternative energy, Austin condemnation, Austin eminent domain lawyer, Condemnation, Eminent Domain, Houston condemnation, Houston eminent domain lawyer, Johns Marrs Ellis & Hodge, Keystone XL, Obama, oil and gas, property rights, Romney, Texas, Texas Condemnation, Texas condemnation lawyer, Texas eminent domain lawyer, TransCanada

Julia Trigg Crawford, a Northeast Texas farmer, and numerous landowners across Texas continue to fight for their property rights despite many losses. But what is the reason behind this sudden surge of condemnation cases? The first reason is the economy, the second is demographics. More and more monetary energy is directed towards the development of oil and gas across the state, mostly due to a boom in hydraulic fracturing. The growing population of Texas does not alleviate the problem either. As the issue gains a greater spotlight, so do the opposing views on the bigger question of the pros and cons of developmental progress in the United States. President Obama along with many environmentalists sway towards the cultivation of wind and solar energy, an investment in land safety. GOP presidential candidate Mitt Romney and the majority of privately owned oil and gas corporations find investing in the economy to be of greater value. The question is not who is right, but how to find a middle ground so that property owners can successfully maintain their land rights.

You can read more about this story at MySanAntonio or the Stateman.

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Public Versus Private – A Political Affair

08 Wednesday Aug 2012

Posted by texascondemnation in Politics, Property Rights

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dallasnews com, politics, power of eminent domain, private affair

Owning property is a private affair. One of the primary benefits of owning property is the right to exclude others from your land. If the government or a private company with the power of eminent domain condemns your land, you lose the right to exclude. Learn more about how to fight back when your land is condemned.

Read more at the DallasMorningNews.

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Luke Ellis and Justin Hodge are partners with Marrs Ellis & Hodge LLP. Justin heads the firm's eminent domain practice in the Houston office. Luke heads the firm's eminent domain practice in the Austin office. Luke Ellis is widely recognized as one of Texas’s top young lawyers—and one of the top lawyers of any age practicing in the area of eminent domain. Mr. Ellis has broad experience and has enjoyed success in many types of civil litigation. Justin Hodge is a trial lawyer who represents Texas landowners in condemnation, eminent-domain, and real-estate lawsuits. He represents landowners in condemnation proceedings, not the governmental authorities or private companies taking property. Mr. Hodge has handled complex condemnation and eminent-domain cases throughout the State of Texas. If you have questions about any of the issues raised in this blog, we invite you to discuss them with us at jhodge@mehlaw.com or lellis@mehlaw.com.

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