While some plan on having a new and modern Foothills Mall replacing the older buildings and would argue that the new development will make everything "pretty"; others wonder whether the basic rights for property owners any longer exist.

Simply because the owners are Christy Sports and Sears rather than Nieman-Marcus and Sports Authority should not give new right to the government to acquire. Rather, the right is provided by the police power, and the State must determine its own police power utilization.

 

Mayor David Claunch, of Belmont Village, Texas, has provided an article in which he explains how a community will attempt to acquire land without eminent domain proceedings.

Trading benefits in lieu of cash is a viable alternative. Very rarely do communities look for this kind of process, and even fewer are successful in finding an alternative. But the attempt in some situations is worthwhile.

http://westlakepicayune.com/2012/12/20/bee-cave-road-right-of-way-acquisition-tops-list-of-to-dos-for-2013/

Other larger cities would perhaps tackle this problem with their checkbook – by just buying or condemning each property and compensating the owners accordingly. But that’s an expensive way to solve the problem, and it’s unlikely that the city of West Lake Hills could afford to approach it that way.

We’re trying a different approach: We’re asking the property owners to give us the ROW in exchange for certain development incentives. I believe that a large number of property owners will respond favorably to this approach. We’re already seeing those responses. But inevitably, it’s likely that we will need to purchase some of the ROW – or possibly use our power of eminent domain to condemn it.

Regardless, I’m firmly committed to doing everything I can to negotiate good outcomes for everyone involved. I am confident that we’ll get there. But I could use your help.

We’ve already begun contacting property owners about the ROW acquisition, and I am meeting with many of them in the coming weeks to discuss their specific concerns. If you know any of these property owners, it would be helpful for you to let them know how you feel about the project – how important it is to improve public safety and ease congestion. Encourage them to work with us on this common goal. It takes a village.

 

North and South Dakota were overwhelmed by the problem of flood control. Given the topography along the rivers, the flooding issue has increased over the last ten to fifteen years in the two States.

Minot passed flood control ordinances providing severe limitations on the future use of property. Properties effectively will lose much of their value at the end of their use. Yet, without flood control ordinances, the acquisition of flood insurance is well near impossible. This leaves owners in a Catch 22 situation.

http://www.minotdailynews.com/page/content.detail/id/571577/Council-to-wrestle-with-pros–cons-of-flood-elevation-change.html?nav=5010

For flooded Minot homeowners still struggling to recover, buyout money from federal hazard mitigation funds could be a blessing.

For flooded homeowners who don’t wish to sell or relocate, the mitigation money not only is unnecessary but the strings attached may seem onerous. Flood insurance requirements, restrictive building codes and residential lots that would forever be vacant are a few of the reasons for taking a pass on the federal money and on the expanded flood-plain designation that is required to get those dollars.

 

 

House Speaker Joe Straus says tackling the current shortage and growing demand for drinking water is the biggest problem facing Texas today. Lt. Gov. David Dewhurst has floated the idea of starting a Texas Water Development Bank with $1 billion from Rainy Day Fund.

There is no doubt that Texas is in dire need of a well-funded water plan, and lawmakers on both Republicans and Democrats appear ready to do something this year. Part of the impetus comes from experiencing the worst single-year drought in Texas history in 2011. The rest comes from the realization Texas isn’t ready for the next one.

"I think it’s very encouraging that the discussion is beginning now, and in advance of the session, to address one of the issues that we absolutely have to seriously address," Straus told The Associated Press in an interview.

The growing water problem is a byproduct of the state’s economic success. The state’s leaders like to brag about how Texas attracts jobs and people to move here and the state demographer estimates that Texas’s population is expected to grow from 25 million in 2010 to 55 million in 2050. That’s a lot more thirsty people.

http://www.kxan.com/dpp/news/texas/lawmakers-to-grapple-with-water-issue

All too frequently, there is not enough potable drinking water in many communities. At the same time, floods destroy property.

Texas is meeting with a very serious issue on the subject, trying to fathom a huge expenditure against fiscal responsibility. This is not an easy situation.

 

http://articles.chicagotribune.com/2012-12-12/news/ct-tl-1213-will-water-agency-20121212_1_american-lake-water-romeoville-and-woodridge-water-agency

The Northern Will County Water Agency is attempting to acquire the American Lake Water Co. In Illinois.

Why would a public official state that an owner will use a "legal maneuver" to delay the project. The reality is that owners have rights protected by the Constitution. The inappropriate comment from Bolingbrook, Illinois Mayor Roger Claar, are likely false and clearly inappropriate. The comment made would be similar to a presidential declaration on an aircraft carrier that "the war is won".