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Archive | 2020

May 21, 2020

Texas Bullet Train Speeds Along

We have written before about the Texas Bullet Train. (The Saga of the Texas Bullet Train, March 9, 2020). The proposed train spans a large area in Texas. It will be able to transport riders from Houston to Dallas in 90 minutes. There is strong opposition to the railroad by property owners in areas in between the cities who fear their property will lose substantial value in partial takings for the track. This is a true “consequential damage” similar to having a high voltage power line in one’s backyard. The… read more

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Posted in Bullet Train, Consequential Damages, Severance Damages
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March 10, 2020

What’s More Important, Fire Island’s Beach Replenishment or Mar-a-Lago’s Beach?

          We wrote about the Fire Island beach replenishment on August 6, 2019, “Shame on You Suffolk County: The Attempt to Steal Just Compensation.”  As was then stated, the takings on Fire Island were the result of a federal study which followed Hurricane Sandy.           The study, Inlet Stabilization Fire Island Inlet to Moriches Project Report, US Army Corps of Engineers, June 2014, stated the dune was to protect Fire Island and, in addition, the back-bay area of the South Shore opposite Fire Island.  (Ibid. 1.2.2).  It was established that… read more

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Posted in Beach Replenishment, Dune Repair, Fire Island, Uncategorized
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March 9, 2020

The Saga of the Texas Bullet Train

          The proposed Dallas to Houston bullet train spans a large area in Texas.  The train will be able to transport riders from Houston to Dallas in 90 minutes.  But the project is stalled pending approval of the Federal Railroad Administration and property owners fighting eminent domain.           According to an article in today’s “The Dallas Morning News,” the opposition arises in areas in between the cities.  Certainly, these property owners have nothing to be excited about.           Interesting is the concern voiced by many of their fear that people… read more

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Posted in Consequential Damages, Severance Damages, Texas Bullet Train, Uncategorized
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March 6, 2020

Mixing and Matching the Bill of Rights to Find Justice

          Timbs v Indiana, 139 S. Ct. 682 (2019) involved the seizure of a $42,000 Land Rover for a minor offense which had a maximum fine of $10,000.  The Supreme Court in a decision authorized by Justice Ruth Ginsburg held that the action allowed the Court to augment its Fourteenth Amendment by the “excessive fines clause” of the Eighth Amendment due process jurisprudence.  To demonstrate the importance of this protection against government’s ability to commandeer property, Justice Ginsburg traced what she called the “venerable lineage” of this protection to Magna… read more

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Posted in Eighth Amendment, Exorbitant Fines, Uncategorized
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February 27, 2020

How’s Your Wall Going? Part II

          We previously wrote on this subject on February 10, 2020.           The New York Times on February 27, 2020 reports the desecration of tribal lands by the Trump administration’s scramble to build a wall at America’s border with Mexico.  The article written by Simon Romero reports the destruction of protected saguaro cactuses which can live for 200 years.  Ordinarily, cut down a saguaro and you can face years in prison.           The remains of chopped-up saguaros are now visible along a swath of the Sonoran Desert in southern Arizona,… read more

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Posted in Border Wall, Endangered Species Act, Takings, Tribal Lands, Uncategorized
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