Archive | Property Rights

IS MEDICAL TREATMENT FOR A PRE-EXISTING CONDITION A PROPERTY RIGHT?

The subject for this blog was suggested by Dr. Sumeet Mitter, my excellent cardiologist.  This blog is dedicated to him and all the incredible medical staff at Mt. Sinai Hospital.  Having just had a heart transplant, it was a subject that I could warm to.           A pre-existing medical condition is generally defined as “a medical condition that occurred before a program of health benefits went into effect.”  According to the Kaiser Foundation, more than a quarter of adults below 65 (approximately) had pre-existing conditions in 2016.           Under current… read more

Posted in Goldberg v Kelly, Pre-Existing Medical Condition, Property Rights, Texas v United States
Read more > 0

WHAT LAW SHOULD APPLY IN A CONDEMNATION BY A PRIVATE ENTITY EXERCISING FEDERAL EMINENT DOMAIN AUTHORITY – FEDERAL OR STATE?

An interesting decision was won by our Florida Owner’s Counsel of America colleague, Andrew Prince Brigham.  The case, Sabal Trail Transmission, LLC v Real Estate, et. al., was decided by Honorable Mark E. Walker in the Northern District of Florida, United States District Court on June 5, 2017, Case No. 1:16-CV-063 MW-GRJ. Sabal Transmission proposes to construct a 516.2 mile pipeline in Alabama, Georgia and Florida.  After initiating an eminent domain condemnation action against multiple private owners, it filed a motion for partial summary judgment asserting that the Fifth Amendment… read more

Posted in Choice of Law, Property Rights, Transmission Lines
Read more > 0

ABOUT THE BORDER WALL THAT YOU WILL PAY FOR

We previously wrote about the physical wall that is to be constructed between the United States and Mexico.  The immediate construction was authorized by Presidential Order on January 25, 2017.  President Trump is asking Congress for $4.1 billion through next year to start construction.  The estimated cost to build the wall ranges from $20 billion to $70 billion. Building the structure will require acquiring private property through eminent domain.  This is not a popular idea anywhere, least of all in Texas.  According to the South Texas Property Rights Association which… read more

Posted in Attorneys' Fees, Border Wall, Landowner Lawsuits, Property Rights
Read more > 0