Saturday, December 3, 2016

Phelim McAleer the Perpetual Victim

For some odd reason my old nemesis Phelim McAleer has put me on his mass email list. Therefore, all of the propaganda sent out by McAleer and his gang comes directly to me. This is a small price to pay for giving him a Texas butt whippin in a debate a couple of years ago. He actually stalked me for a while, however, for the most part he has avoided and doesn't respond to me in any way since the debate. I saw something recently out of Phelim that humored me. He was claiming to have been under assault and held against his will at the Standing Rock protest in North Dakota. He goes on and on about how he feared for his life and how brave his film crew was. However, the actual video he used as an example shows nothing of the sort. He was asked to leave, but was never threatened or assaulted.  Playing the victim is nothing new for Phelim, he has that role down. Here's a link to the video where he "feared for his life", you can make up your own mind as to how much risk he was in-


The folks from Standing Rock responded to his allegations here-


Keep in mind that those in the camp have been shot at with rubber bullets, tear gas, water cannons and concussion grenades – poor Phelim.


Although, he put me in his film Fracknation, he did this without ever speaking to me, this of course was intentional. Therefore, the first time we actually met was in New York for the premier of Gasland 2. Well, met may be a little bit of a stretch. I did actually introduce myself to him, but he did not want to talk to me, our main interactions was when him and his hideous wife were screaming obscenities and me and my family while we getting our photos taken on the red carpet. He made such an ass of himself that didn't even make into see the premier. After the premier we had to be escorted by security to keep him and his henchmen from attacking us. Finally, after another Gasland 2 showing, he was chasing us down and pushing and shoving several of the people with us until someone asked us him to leave, he bumped into us again and then called the cops on himself. Hmmm, that sounds like what happened at Standing Rock.

I wrote about some of my interactions with Phelim here-


I spoke on video about some of my interactions with Phelim here-


What happened at Standing Rock was nothing new for Phelim, he has and always will be looking for an angle to play the victim.  Personally I think he has some undiagnosed mental issues, and probably needs medication or therapy.  However, his ego is way too big to admit that he’s nuts.  I was surprised to learn that he is only a few years older than me.  When you see him in person, he looks like death warmed over.  They threw a little makeup on him for the debate and frankly it looked like the work of a mortician. 


Just remember the next time that Phelim is feeling victimized for his great work, that he’s nuts and needs help, but in no way is he a victim.  

Sunday, October 23, 2016

Letter from a Birmingham Jail, Martin Luther King, Jr.

16 April 1963

My Dear Fellow Clergymen:

While confined here in the Birmingham city jail, I came across your recent statement calling my present activities "unwise and untimely." Seldom do I pause to answer criticism of my work and ideas. If I sought to answer all the criticisms that cross my desk, my secretaries would have little time for anything other than such correspondence in the course of the day, and I would have no time for constructive work. But since I feel that you are men of genuine good will and that your criticisms are sincerely set forth, I want to try to answer your statement in what I hope will be patient and reasonable terms.

I think I should indicate why I am here in Birmingham, since you have been influenced by the view which argues against "outsiders coming in." I have the honor of serving as president of the Southern Christian Leadership Conference, an organization operating in every southern state, with headquarters in Atlanta, Georgia. We have some eighty five affiliated organizations across the South, and one of them is the Alabama Christian Movement for Human Rights. Frequently we share staff, educational and financial resources with our affiliates. Several months ago the affiliate here in Birmingham asked us to be on call to engage in a nonviolent direct action program if such were deemed necessary. We readily consented, and when the hour came we lived up to our promise. So I, along with several members of my staff, am here because I was invited here. I am here because I have organizational ties here.

But more basically, I am in Birmingham because injustice is here. Just as the prophets of the eighth century B.C. left their villages and carried their "thus saith the Lord" far beyond the boundaries of their home towns, and just as the Apostle Paul left his village of Tarsus and carried the gospel of Jesus Christ to the far corners of the Greco Roman world, so am I compelled to carry the gospel of freedom beyond my own home town. Like Paul, I must constantly respond to the Macedonian call for aid.

Moreover, I am cognizant of the interrelatedness of all communities and states. I cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Never again can we afford to live with the narrow, provincial "outside agitator" idea. Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds.

You deplore the demonstrations taking place in Birmingham. But your statement, I am sorry to say, fails to express a similar concern for the conditions that brought about the demonstrations. I am sure that none of you would want to rest content with the superficial kind of social analysis that deals merely with effects and does not grapple with underlying causes. It is unfortunate that demonstrations are taking place in Birmingham, but it is even more unfortunate that the city's white power structure left the Negro community with no alternative.

In any nonviolent campaign there are four basic steps: collection of the facts to determine whether injustices exist; negotiation; self purification; and direct action. We have gone through all these steps in Birmingham. There can be no gainsaying the fact that racial injustice engulfs this community. Birmingham is probably the most thoroughly segregated city in the United States. Its ugly record of brutality is widely known. Negroes have experienced grossly unjust treatment in the courts. There have been more unsolved bombings of Negro homes and churches in Birmingham than in any other city in the nation. These are the hard, brutal facts of the case. On the basis of these conditions, Negro leaders sought to negotiate with the city fathers. But the latter consistently refused to engage in good faith negotiation.

Then, last September, came the opportunity to talk with leaders of Birmingham's economic community. In the course of the negotiations, certain promises were made by the merchants--for example, to remove the stores' humiliating racial signs. On the basis of these promises, the Reverend Fred Shuttlesworth and the leaders of the Alabama Christian Movement for Human Rights agreed to a moratorium on all demonstrations. As the weeks and months went by, we realized that we were the victims of a broken promise. A few signs, briefly removed, returned; the others remained. As in so many past experiences, our hopes had been blasted, and the shadow of deep disappointment settled upon us. We had no alternative except to prepare for direct action, whereby we would present our very bodies as a means of laying our case before the conscience of the local and the national community. Mindful of the difficulties involved, we decided to undertake a process of self purification. We began a series of workshops on nonviolence, and we repeatedly asked ourselves: "Are you able to accept blows without retaliating?" "Are you able to endure the ordeal of jail?" We decided to schedule our direct action program for the Easter season, realizing that except for Christmas, this is the main shopping period of the year. Knowing that a strong economic-withdrawal program would be the by product of direct action, we felt that this would be the best time to bring pressure to bear on the merchants for the needed change.

Then it occurred to us that Birmingham's mayoral election was coming up in March, and we speedily decided to postpone action until after election day. When we discovered that the Commissioner of Public Safety, Eugene "Bull" Connor, had piled up enough votes to be in the run off, we decided again to postpone action until the day after the run off so that the demonstrations could not be used to cloud the issues. Like many others, we waited to see Mr. Connor defeated, and to this end we endured postponement after postponement. Having aided in this community need, we felt that our direct action program could be delayed no longer.

You may well ask: "Why direct action? Why sit ins, marches and so forth? Isn't negotiation a better path?" You are quite right in calling for negotiation. Indeed, this is the very purpose of direct action. Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue. It seeks so to dramatize the issue that it can no longer be ignored. My citing the creation of tension as part of the work of the nonviolent resister may sound rather shocking. But I must confess that I am not afraid of the word "tension." I have earnestly opposed violent tension, but there is a type of constructive, nonviolent tension which is necessary for growth. Just as Socrates felt that it was necessary to create a tension in the mind so that individuals could rise from the bondage of myths and half truths to the unfettered realm of creative analysis and objective appraisal, so must we see the need for nonviolent gadflies to create the kind of tension in society that will help men rise from the dark depths of prejudice and racism to the majestic heights of understanding and brotherhood. The purpose of our direct action program is to create a situation so crisis packed that it will inevitably open the door to negotiation. I therefore concur with you in your call for negotiation. Too long has our beloved Southland been bogged down in a tragic effort to live in monologue rather than dialogue.

One of the basic points in your statement is that the action that I and my associates have taken in Birmingham is untimely. Some have asked: "Why didn't you give the new city administration time to act?" The only answer that I can give to this query is that the new Birmingham administration must be prodded about as much as the outgoing one, before it will act. We are sadly mistaken if we feel that the election of Albert Boutwell as mayor will bring the millennium to Birmingham. While Mr. Boutwell is a much more gentle person than Mr. Connor, they are both segregationists, dedicated to maintenance of the status quo. I have hope that Mr. Boutwell will be reasonable enough to see the futility of massive resistance to desegregation. But he will not see this without pressure from devotees of civil rights. My friends, I must say to you that we have not made a single gain in civil rights without determined legal and nonviolent pressure. Lamentably, it is an historical fact that privileged groups seldom give up their privileges voluntarily. Individuals may see the moral light and voluntarily give up their unjust posture; but, as Reinhold Niebuhr has reminded us, groups tend to be more immoral than individuals.

We know through painful experience that freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed. Frankly, I have yet to engage in a direct action campaign that was "well timed" in the view of those who have not suffered unduly from the disease of segregation. For years now I have heard the word "Wait!" It rings in the ear of every Negro with piercing familiarity. This "Wait" has almost always meant "Never." We must come to see, with one of our distinguished jurists, that "justice too long delayed is justice denied."

We have waited for more than 340 years for our constitutional and God given rights. The nations of Asia and Africa are moving with jetlike speed toward gaining political independence, but we still creep at horse and buggy pace toward gaining a cup of coffee at a lunch counter. Perhaps it is easy for those who have never felt the stinging darts of segregation to say, "Wait." But when you have seen vicious mobs lynch your mothers and fathers at will and drown your sisters and brothers at whim; when you have seen hate filled policemen curse, kick and even kill your black brothers and sisters; when you see the vast majority of your twenty million Negro brothers smothering in an airtight cage of poverty in the midst of an affluent society; when you suddenly find your tongue twisted and your speech stammering as you seek to explain to your six year old daughter why she can't go to the public amusement park that has just been advertised on television, and see tears welling up in her eyes when she is told that Funtown is closed to colored children, and see ominous clouds of inferiority beginning to form in her little mental sky, and see her beginning to distort her personality by developing an unconscious bitterness toward white people; when you have to concoct an answer for a five year old son who is asking: "Daddy, why do white people treat colored people so mean?"; when you take a cross county drive and find it necessary to sleep night after night in the uncomfortable corners of your automobile because no motel will accept you; when you are humiliated day in and day out by nagging signs reading "white" and "colored"; when your first name becomes "nigger," your middle name becomes "boy" (however old you are) and your last name becomes "John," and your wife and mother are never given the respected title "Mrs."; when you are harried by day and haunted by night by the fact that you are a Negro, living constantly at tiptoe stance, never quite knowing what to expect next, and are plagued with inner fears and outer resentments; when you are forever fighting a degenerating sense of "nobodiness"--then you will understand why we find it difficult to wait. There comes a time when the cup of endurance runs over, and men are no longer willing to be plunged into the abyss of despair. I hope, sirs, you can understand our legitimate and unavoidable impatience. You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern.

Since we so diligently urge people to obey the Supreme Court's decision of 1954 outlawing segregation in the public schools, at first glance it may seem rather paradoxical for us consciously to break laws. One may well ask: "How can you advocate breaking some laws and obeying others?" The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that "an unjust law is no law at all."

Now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority. Segregation, to use the terminology of the Jewish philosopher Martin Buber, substitutes an "I it" relationship for an "I thou" relationship and ends up relegating persons to the status of things. Hence segregation is not only politically, economically and sociologically unsound, it is morally wrong and sinful. Paul Tillich has said that sin is separation. Is not segregation an existential expression of man's tragic separation, his awful estrangement, his terrible sinfulness? Thus it is that I can urge men to obey the 1954 decision of the Supreme Court, for it is morally right; and I can urge them to disobey segregation ordinances, for they are morally wrong.
Let us consider a more concrete example of just and unjust laws. An unjust law is a code that a numerical or power majority group compels a minority group to obey but does not make binding on itself. This is difference made legal. By the same token, a just law is a code that a majority compels a minority to follow and that it is willing to follow itself. This is sameness made legal. Let me give another explanation. A law is unjust if it is inflicted on a minority that, as a result of being denied the right to vote, had no part in enacting or devising the law. Who can say that the legislature of Alabama which set up that state's segregation laws was democratically elected? Throughout Alabama all sorts of devious methods are used to prevent Negroes from becoming registered voters, and there are some counties in which, even though Negroes constitute a majority of the population, not a single Negro is registered. Can any law enacted under such circumstances be considered democratically structured?

Sometimes a law is just on its face and unjust in its application. For instance, I have been arrested on a charge of parading without a permit. Now, there is nothing wrong in having an ordinance which requires a permit for a parade. But such an ordinance becomes unjust when it is used to maintain segregation and to deny citizens the First-Amendment privilege of peaceful assembly and protest.

I hope you are able to see the distinction I am trying to point out. In no sense do I advocate evading or defying the law, as would the rabid segregationist. That would lead to anarchy. One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law.

Of course, there is nothing new about this kind of civil disobedience. It was evidenced sublimely in the refusal of Shadrach, Meshach and Abednego to obey the laws of Nebuchadnezzar, on the ground that a higher moral law was at stake. It was practiced superbly by the early Christians, who were willing to face hungry lions and the excruciating pain of chopping blocks rather than submit to certain unjust laws of the Roman Empire. To a degree, academic freedom is a reality today because Socrates practiced civil disobedience. In our own nation, the Boston Tea Party represented a massive act of civil disobedience.

We should never forget that everything Adolf Hitler did in Germany was "legal" and everything the Hungarian freedom fighters did in Hungary was "illegal." It was "illegal" to aid and comfort a Jew in Hitler's Germany. Even so, I am sure that, had I lived in Germany at the time, I would have aided and comforted my Jewish brothers. If today I lived in a Communist country where certain principles dear to the Christian faith are suppressed, I would openly advocate disobeying that country's antireligious laws.

I must make two honest confessions to you, my Christian and Jewish brothers. First, I must confess that over the past few years I have been gravely disappointed with the white moderate. I have almost reached the regrettable conclusion that the Negro's great stumbling block in his stride toward freedom is not the White Citizen's Counciler or the Ku Klux Klanner, but the white moderate, who is more devoted to "order" than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice; who constantly says: "I agree with you in the goal you seek, but I cannot agree with your methods of direct action"; who paternalistically believes he can set the timetable for another man's freedom; who lives by a mythical concept of time and who constantly advises the Negro to wait for a "more convenient season." Shallow understanding from people of good will is more frustrating than absolute misunderstanding from people of ill will. Lukewarm acceptance is much more bewildering than outright rejection.

I had hoped that the white moderate would understand that law and order exist for the purpose of establishing justice and that when they fail in this purpose they become the dangerously structured dams that block the flow of social progress. I had hoped that the white moderate would understand that the present tension in the South is a necessary phase of the transition from an obnoxious negative peace, in which the Negro passively accepted his unjust plight, to a substantive and positive peace, in which all men will respect the dignity and worth of human personality. Actually, we who engage in nonviolent direct action are not the creators of tension. We merely bring to the surface the hidden tension that is already alive. We bring it out in the open, where it can be seen and dealt with. Like a boil that can never be cured so long as it is covered up but must be opened with all its ugliness to the natural medicines of air and light, injustice must be exposed, with all the tension its exposure creates, to the light of human conscience and the air of national opinion before it can be cured.

In your statement you assert that our actions, even though peaceful, must be condemned because they precipitate violence. But is this a logical assertion? Isn't this like condemning a robbed man because his possession of money precipitated the evil act of robbery? Isn't this like condemning Socrates because his unswerving commitment to truth and his philosophical inquiries precipitated the act by the misguided populace in which they made him drink hemlock? Isn't this like condemning Jesus because his unique God consciousness and never ceasing devotion to God's will precipitated the evil act of crucifixion? We must come to see that, as the federal courts have consistently affirmed, it is wrong to urge an individual to cease his efforts to gain his basic constitutional rights because the quest may precipitate violence. Society must protect the robbed and punish the robber. I had also hoped that the white moderate would reject the myth concerning time in relation to the struggle for freedom. I have just received a letter from a white brother in Texas. He writes: "All Christians know that the colored people will receive equal rights eventually, but it is possible that you are in too great a religious hurry. It has taken Christianity almost two thousand years to accomplish what it has. The teachings of Christ take time to come to earth." Such an attitude stems from a tragic misconception of time, from the strangely irrational notion that there is something in the very flow of time that will inevitably cure all ills. Actually, time itself is neutral; it can be used either destructively or constructively. More and more I feel that the people of ill will have used time much more effectively than have the people of good will. We will have to repent in this generation not merely for the hateful words and actions of the bad people but for the appalling silence of the good people. Human progress never rolls in on wheels of inevitability; it comes through the tireless efforts of men willing to be co workers with God, and without this hard work, time itself becomes an ally of the forces of social stagnation. We must use time creatively, in the knowledge that the time is always ripe to do right. Now is the time to make real the promise of democracy and transform our pending national elegy into a creative psalm of brotherhood. Now is the time to lift our national policy from the quicksand of racial injustice to the solid rock of human dignity.

You speak of our activity in Birmingham as extreme. At first I was rather disappointed that fellow clergymen would see my nonviolent efforts as those of an extremist. I began thinking about the fact that I stand in the middle of two opposing forces in the Negro community. One is a force of complacency, made up in part of Negroes who, as a result of long years of oppression, are so drained of self respect and a sense of "somebodiness" that they have adjusted to segregation; and in part of a few middle-class Negroes who, because of a degree of academic and economic security and because in some ways they profit by segregation, have become insensitive to the problems of the masses. The other force is one of bitterness and hatred, and it comes perilously close to advocating violence. It is expressed in the various black nationalist groups that are springing up across the nation, the largest and best known being Elijah Muhammad's Muslim movement. Nourished by the Negro's frustration over the continued existence of racial discrimination, this movement is made up of people who have lost faith in America, who have absolutely repudiated Christianity, and who have concluded that the white man is an incorrigible "devil."

I have tried to stand between these two forces, saying that we need emulate neither the "do nothingism" of the complacent nor the hatred and despair of the black nationalist. For there is the more excellent way of love and nonviolent protest. I am grateful to God that, through the influence of the Negro church, the way of nonviolence became an integral part of our struggle. If this philosophy had not emerged, by now many streets of the South would, I am convinced, be flowing with blood. And I am further convinced that if our white brothers dismiss as "rabble rousers" and "outside agitators" those of us who employ nonviolent direct action, and if they refuse to support our nonviolent efforts, millions of Negroes will, out of frustration and despair, seek solace and security in black nationalist ideologies--a development that would inevitably lead to a frightening racial nightmare.

Oppressed people cannot remain oppressed forever. The yearning for freedom eventually manifests itself, and that is what has happened to the American Negro. Something within has reminded him of his birthright of freedom, and something without has reminded him that it can be gained. Consciously or unconsciously, he has been caught up by the Zeitgeist, and with his black brothers of Africa and his brown and yellow brothers of Asia, South America and the Caribbean, the United States Negro is moving with a sense of great urgency toward the promised land of racial justice. If one recognizes this vital urge that has engulfed the Negro community, one should readily understand why public demonstrations are taking place. The Negro has many pent up resentments and latent frustrations, and he must release them. So let him march; let him make prayer pilgrimages to the city hall; let him go on freedom rides -and try to understand why he must do so. If his repressed emotions are not released in nonviolent ways, they will seek expression through violence; this is not a threat but a fact of history. So I have not said to my people: "Get rid of your discontent." Rather, I have tried to say that this normal and healthy discontent can be channeled into the creative outlet of nonviolent direct action. And now this approach is being termed extremist. But though I was initially disappointed at being categorized as an extremist, as I continued to think about the matter I gradually gained a measure of satisfaction from the label. Was not Jesus an extremist for love: "Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you, and persecute you." Was not Amos an extremist for justice: "Let justice roll down like waters and righteousness like an ever flowing stream." Was not Paul an extremist for the Christian gospel: "I bear in my body the marks of the Lord Jesus." Was not Martin Luther an extremist: "Here I stand; I cannot do otherwise, so help me God." And John Bunyan: "I will stay in jail to the end of my days before I make a butchery of my conscience." And Abraham Lincoln: "This nation cannot survive half slave and half free." And Thomas Jefferson: "We hold these truths to be self evident, that all men are created equal . . ." So the question is not whether we will be extremists, but what kind of extremists we will be. Will we be extremists for hate or for love? Will we be extremists for the preservation of injustice or for the extension of justice? In that dramatic scene on Calvary's hill three men were crucified. We must never forget that all three were crucified for the same crime--the crime of extremism. Two were extremists for immorality, and thus fell below their environment. The other, Jesus Christ, was an extremist for love, truth and goodness, and thereby rose above his environment. Perhaps the South, the nation and the world are in dire need of creative extremists.

I had hoped that the white moderate would see this need. Perhaps I was too optimistic; perhaps I expected too much. I suppose I should have realized that few members of the oppressor race can understand the deep groans and passionate yearnings of the oppressed race, and still fewer have the vision to see that injustice must be rooted out by strong, persistent and determined action. I am thankful, however, that some of our white brothers in the South have grasped the meaning of this social revolution and committed themselves to it. They are still all too few in quantity, but they are big in quality. Some -such as Ralph McGill, Lillian Smith, Harry Golden, James McBride Dabbs, Ann Braden and Sarah Patton Boyle--have written about our struggle in eloquent and prophetic terms. Others have marched with us down nameless streets of the South. They have languished in filthy, roach infested jails, suffering the abuse and brutality of policemen who view them as "dirty nigger-lovers." Unlike so many of their moderate brothers and sisters, they have recognized the urgency of the moment and sensed the need for powerful "action" antidotes to combat the disease of segregation. Let me take note of my other major disappointment. I have been so greatly disappointed with the white church and its leadership. Of course, there are some notable exceptions. I am not unmindful of the fact that each of you has taken some significant stands on this issue. I commend you, Reverend Stallings, for your Christian stand on this past Sunday, in welcoming Negroes to your worship service on a nonsegregated basis. I commend the Catholic leaders of this state for integrating Spring Hill College several years ago.

But despite these notable exceptions, I must honestly reiterate that I have been disappointed with the church. I do not say this as one of those negative critics who can always find something wrong with the church. I say this as a minister of the gospel, who loves the church; who was nurtured in its bosom; who has been sustained by its spiritual blessings and who will remain true to it as long as the cord of life shall lengthen.

When I was suddenly catapulted into the leadership of the bus protest in Montgomery, Alabama, a few years ago, I felt we would be supported by the white church. I felt that the white ministers, priests and rabbis of the South would be among our strongest allies. Instead, some have been outright opponents, refusing to understand the freedom movement and misrepresenting its leaders; all too many others have been more cautious than courageous and have remained silent behind the anesthetizing security of stained glass windows.

In spite of my shattered dreams, I came to Birmingham with the hope that the white religious leadership of this community would see the justice of our cause and, with deep moral concern, would serve as the channel through which our just grievances could reach the power structure. I had hoped that each of you would understand. But again I have been disappointed.

I have heard numerous southern religious leaders admonish their worshipers to comply with a desegregation decision because it is the law, but I have longed to hear white ministers declare: "Follow this decree because integration is morally right and because the Negro is your brother." In the midst of blatant injustices inflicted upon the Negro, I have watched white churchmen stand on the sideline and mouth pious irrelevancies and sanctimonious trivialities. In the midst of a mighty struggle to rid our nation of racial and economic injustice, I have heard many ministers say: "Those are social issues, with which the gospel has no real concern." And I have watched many churches commit themselves to a completely other worldly religion which makes a strange, un-Biblical distinction between body and soul, between the sacred and the secular.

I have traveled the length and breadth of Alabama, Mississippi and all the other southern states. On sweltering summer days and crisp autumn mornings I have looked at the South's beautiful churches with their lofty spires pointing heavenward. I have beheld the impressive outlines of her massive religious education buildings. Over and over I have found myself asking: "What kind of people worship here? Who is their God? Where were their voices when the lips of Governor Barnett dripped with words of interposition and nullification? Where were they when Governor Wallace gave a clarion call for defiance and hatred? Where were their voices of support when bruised and weary Negro men and women decided to rise from the dark dungeons of complacency to the bright hills of creative protest?"

Yes, these questions are still in my mind. In deep disappointment I have wept over the laxity of the church. But be assured that my tears have been tears of love. There can be no deep disappointment where there is not deep love. Yes, I love the church. How could I do otherwise? I am in the rather unique position of being the son, the grandson and the great grandson of preachers. Yes, I see the church as the body of Christ. But, oh! How we have blemished and scarred that body through social neglect and through fear of being nonconformists.

There was a time when the church was very powerful--in the time when the early Christians rejoiced at being deemed worthy to suffer for what they believed. In those days the church was not merely a thermometer that recorded the ideas and principles of popular opinion; it was a thermostat that transformed the mores of society. Whenever the early Christians entered a town, the people in power became disturbed and immediately sought to convict the Christians for being "disturbers of the peace" and "outside agitators."' But the Christians pressed on, in the conviction that they were "a colony of heaven," called to obey God rather than man. Small in number, they were big in commitment. They were too God-intoxicated to be "astronomically intimidated." By their effort and example they brought an end to such ancient evils as infanticide and gladiatorial contests. Things are different now. So often the contemporary church is a weak, ineffectual voice with an uncertain sound. So often it is an archdefender of the status quo. Far from being disturbed by the presence of the church, the power structure of the average community is consoled by the church's silent--and often even vocal--sanction of things as they are.

But the judgment of God is upon the church as never before. If today's church does not recapture the sacrificial spirit of the early church, it will lose its authenticity, forfeit the loyalty of millions, and be dismissed as an irrelevant social club with no meaning for the twentieth century. Every day I meet young people whose disappointment with the church has turned into outright disgust.

Perhaps I have once again been too optimistic. Is organized religion too inextricably bound to the status quo to save our nation and the world? Perhaps I must turn my faith to the inner spiritual church, the church within the church, as the true ekklesia and the hope of the world. But again I am thankful to God that some noble souls from the ranks of organized religion have broken loose from the paralyzing chains of conformity and joined us as active partners in the struggle for freedom. They have left their secure congregations and walked the streets of Albany, Georgia, with us. They have gone down the highways of the South on tortuous rides for freedom. Yes, they have gone to jail with us. Some have been dismissed from their churches, have lost the support of their bishops and fellow ministers. But they have acted in the faith that right defeated is stronger than evil triumphant. Their witness has been the spiritual salt that has preserved the true meaning of the gospel in these troubled times. They have carved a tunnel of hope through the dark mountain of disappointment. I hope the church as a whole will meet the challenge of this decisive hour. But even if the church does not come to the aid of justice, I have no despair about the future. I have no fear about the outcome of our struggle in Birmingham, even if our motives are at present misunderstood. We will reach the goal of freedom in Birmingham and all over the nation, because the goal of America is freedom. Abused and scorned though we may be, our destiny is tied up with America's destiny. Before the pilgrims landed at Plymouth, we were here. Before the pen of Jefferson etched the majestic words of the Declaration of Independence across the pages of history, we were here. For more than two centuries our forebears labored in this country without wages; they made cotton king; they built the homes of their masters while suffering gross injustice and shameful humiliation -and yet out of a bottomless vitality they continued to thrive and develop. If the inexpressible cruelties of slavery could not stop us, the opposition we now face will surely fail. We will win our freedom because the sacred heritage of our nation and the eternal will of God are embodied in our echoing demands. Before closing I feel impelled to mention one other point in your statement that has troubled me profoundly. You warmly commended the Birmingham police force for keeping "order" and "preventing violence." I doubt that you would have so warmly commended the police force if you had seen its dogs sinking their teeth into unarmed, nonviolent Negroes. I doubt that you would so quickly commend the policemen if you were to observe their ugly and inhumane treatment of Negroes here in the city jail; if you were to watch them push and curse old Negro women and young Negro girls; if you were to see them slap and kick old Negro men and young boys; if you were to observe them, as they did on two occasions, refuse to give us food because we wanted to sing our grace together. I cannot join you in your praise of the Birmingham police department.

It is true that the police have exercised a degree of discipline in handling the demonstrators. In this sense they have conducted themselves rather "nonviolently" in public. But for what purpose? To preserve the evil system of segregation. Over the past few years I have consistently preached that nonviolence demands that the means we use must be as pure as the ends we seek. I have tried to make clear that it is wrong to use immoral means to attain moral ends. But now I must affirm that it is just as wrong, or perhaps even more so, to use moral means to preserve immoral ends. Perhaps Mr. Connor and his policemen have been rather nonviolent in public, as was Chief Pritchett in Albany, Georgia, but they have used the moral means of nonviolence to maintain the immoral end of racial injustice. As T. S. Eliot has said: "The last temptation is the greatest treason: To do the right deed for the wrong reason."

I wish you had commended the Negro sit inners and demonstrators of Birmingham for their sublime courage, their willingness to suffer and their amazing discipline in the midst of great provocation. One day the South will recognize its real heroes. They will be the James Merediths, with the noble sense of purpose that enables them to face jeering and hostile mobs, and with the agonizing loneliness that characterizes the life of the pioneer. They will be old, oppressed, battered Negro women, symbolized in a seventy two year old woman in Montgomery, Alabama, who rose up with a sense of dignity and with her people decided not to ride segregated buses, and who responded with ungrammatical profundity to one who inquired about her weariness: "My feets is tired, but my soul is at rest." They will be the young high school and college students, the young ministers of the gospel and a host of their elders, courageously and nonviolently sitting in at lunch counters and willingly going to jail for conscience' sake. One day the South will know that when these disinherited children of God sat down at lunch counters, they were in reality standing up for what is best in the American dream and for the most sacred values in our Judaeo Christian heritage, thereby bringing our nation back to those great wells of democracy which were dug deep by the founding fathers in their formulation of the Constitution and the Declaration of Independence.

Never before have I written so long a letter. I'm afraid it is much too long to take your precious time. I can assure you that it would have been much shorter if I had been writing from a comfortable desk, but what else can one do when he is alone in a narrow jail cell, other than write long letters, think long thoughts and pray long prayers?

If I have said anything in this letter that overstates the truth and indicates an unreasonable impatience, I beg you to forgive me. If I have said anything that understates the truth and indicates my having a patience that allows me to settle for anything less than brotherhood, I beg God to forgive me.

I hope this letter finds you strong in the faith. I also hope that circumstances will soon make it possible for me to meet each of you, not as an integrationist or a civil-rights leader but as a fellow clergyman and a Christian brother. Let us all hope that the dark clouds of racial prejudice will soon pass away and the deep fog of misunderstanding will be lifted from our fear drenched communities, and in some not too distant tomorrow the radiant stars of love and brotherhood will shine over our great nation with all their scintillating beauty.

Yours for the cause of Peace and Brotherhood, Martin Luther King, Jr.
Published in:

King, Martin Luther Jr. 

Sunday, August 7, 2016

Independent Texans News Letter

Lotta stuff going on, y'all!
If you live in Bastrop or Lee counties, we want to SEE you on Wednesday night at 6 pm at Bastrop City Hall. End Op, L.P. is close to getting its way. A movement of citizens and a new organization -- Simsboro Aquifer Water Defense Fund -- have other ideas. PLEASE SHOW UP AND BRING NEIGHBORS! More below.
Last Tuesday, the first independent elected to the Texas House in 60 years, Laura Thompson, won in a special election runoff in House District 120, San Antonio's east side! Congratulations to Laura and the millions of independent Texans! More here.

The charter amendment via citizens petition for "More Reasonable Petition Requirements in the City of Bastrop" has been certified by the Bastrop City Secretary! Council will vote to place the measure on the ballot next Tuesday. Take a few minutes to read the news here in the Statesman/Bastrop Advertiser and this article by former Councilwoman Kelly Gilleland on why she supports this amendment. You can watch the Council meeting at BTXN.tv starting at 6:30 pm. (PS If you haven't watched our slide show, please do and share it!)

Wednesday, 6 pm at Bastrop City Hall, the Lost Pines Groundwater Conservation District could, unfortunately, finalize its capitulation to End Op, L.P.‘s mega-permit demand for up to 46,000 acre-feet of groundwater per year (15 billion gallons) from the Simsboro formation of the Carrizo-Wilcox Aquifer underlying Lee and Bastrop counties. Bring a check, cash or gold rings (that -- the rings -- is a joke). Seriously, money is needed to ramp up the fight! To understand the Seige on the Simsboro, review our slide show here -- slides 14-16.

Austin, Texas:  Developer whistle-blower, Brian Rodgers, a co-founder of ChangeAustin.org PAC, filed a critically important Amended Petition in District Court on the Pilot Knob "affordable housing" and open government fiasco. Read it all right here -- powerful stuff!
We'll be planning conference calls and meetings soon -- keep an eye out for the independent movement!

Tuesday, May 10, 2016

Special Thanks to the Honorable Chris Huber, Aubrey City Council Place 2





On May 17, 2016 Chris Huber will officially leave his seat on the Aubrey City Council Place 2.  He is leaving this seat after serving only one term as a city councilman.  He is leaving by his choice, as he did not seek reelection for this seat.  After talking to Chris about his service, I can understand his reluctance to seek reelection.

In the past, I have met politicians and elected officials of all shapes and sizes, from small town local officials to candidates for President of the United States; however, there are very few that I would call “honorable”.  After knowing Chris for only a couple of years, you can definitely call him honorable and it was honor serving with him.  This is not something I’m saying because he always agreed or voted with me, because he did not. 

Chris is not your typical politician, for one thing he’s honest and has integrity, and you just find too many politicians that have those traits anymore.  He also does not have a personal agenda, and his service has not personally benefited him, another rarity with local officials.  One of the greatest attributes that Chris has, is that he has a set of principles, which again uncommon in politics.  Even if we disagree on a subject, I respect those who have a set of moral and ethical principles, because most politicians do not.    

Outside of politics Chris is hard working family man, with a wonderful wife and children.  He helps coach his sons’ football team on top of serving on city council and working a full time job.  With all of this going on Chris is always kind and considerate of others.  Chris is obviously a wonderful father and husband.  He brought real life experience to the local government, and treated the city assets as if they were his own. 


Chris’s time on council has not always been rosy, he has had to deal with some sensitive and controversial issues, and he has always been professional and respectful.  He has had to endure a culture of bullying with threats and intimidation from other members of the city council, but has taken things in stride and held his head high with dignity, and most importantly he’s always had a smile on his face.  I endorsed him when he ran for office two years ago, and am glad to know the Honorable Chris Huber and his family.  He deserves nothing but respect and admiration as he rides off into the sunset.  Good luck my friend, you will be missed.  

Sunday, April 3, 2016

Lawmakers Mull Tweaks to Eminent Domain Law to Favor Landowners | The Texas Tribune

State lawmakers next session may renew an age-old clash between two
intrinsically Texan values: property rights and energy interests. The Senate Committee on State Affairs heard testimony Tuesday on
whether to tighten eminent domain laws to benefit landowners battling
pipeline companies, electric utilities, public agencies or other
entities seeking to condemn land their land for public use. 





Lawmakers Mull Tweaks to Eminent Domain Law to Favor Landowners | The Texas Tribune

Saturday, February 27, 2016

Interesting Article on Eminent Domain and Property Owner's Right

http://texas-wildlife.org/files/Texas%20High%20Wires%20article,%20electronic%20copy,%

Texas High Wires
A Balancing Act for Private Landowners
article by Lorie Woodward Cantu


Today, because of a confluence of factors, more landowners are finding themselves
in the path of electrical transmission lines than ever before. Like most issues affecting private
property rights, land use, and the law, it is important to be informed.


Competitive Renewable Energy Zones (CREZ)
Beginning in 1999 with Senate Bill 7, the Texas Legislature made a decision to position Texas
as a leader in the production of wind energy. The combination of federal tax incentives and state mandates, including the Renewable Portfolio Standard, caused wind energy production to boom in Texas.


In 2006, Texas surpassed California as the nation’s top producer of wind-generated electricity. Currently, the state has the ability to produce 8,000 megawatts annually, but the Electrical Reliability Council of Texas’ system can only handle 4,500 megawatts. As a result, the wind energy production companies, which include some of the world’s largest corporations, are “curtailed,” meaning that they cannot introduce all the energy they produce into the system. The wind production companies can only earn federal production tax credits and sell renewable energy credits for electricity that actually enters the system, so there is a very strong incentive for the utility companies to press for additional transmission infrastructure.

“The renewable energy industry fundamentally changed the American business model, because success in renewable energy is based on government policy, not on profit,” said Glen
Webb, an attorney in Abilene who specializes in wind energy issues. “Congress is gambling that subsidizing renewable energy, which currently is not competitive with traditional energy sources, will pay off in the long-term. Whether they are right or not remains to be seen, but their bet is leaving a big footprint on the private lands of Texas.”


While transmission lines are being constructed throughout the state, the mark of utility transmission lines will soon be very obvious throughout west Texas and the Panhandle. In response to a legislative mandate issued through Senate Bill 20 passed in 2005, the Public Utility Commission (PUC) designated five areas as Competitive Renewable Energy Zones (CREZ).

The zones are part of a statutory plan to build single-circuit and double-circuit
345 kV lines to carry electricity from the Panhandle and west Texas to the
metroplex and the I-35 corridor. Under the plan, an additional 2,334 miles of 345
kV transmission lines, capable of handling 18,456 megawatts, will be completed
by 2013; with a 200 foot-right-ofway, the projects will impact 56,581 acres
of potential wildlife habitat. The PUC has determined a maximum cost for the
CREZ projects of $4.93 billion.


“When this law passed, landowners were up in arms about the eminent domain
provisions involving the Trans-Texas Corridor,” Webb, who also serves
as TWA Treasurer, said. “Despite its huge potential to impact private property and
change the face of Texas, Senate Bill 20’s massive transmission plan with large
grants of eminent domain authority flew right under the radar. Now, landowners
have to deal with it.”


Terry Hadley, PUC spokesman said, “The CREZ process is different, because
the commission, under direction from the Legislature, actually chose areas for transmission
line development and then allowed transmission service providers to
bid on the projects within these areas.” Traditionally, transmission service providers
have owned and operated the power lines in a particular region of the
state, suggesting and building lines as they have needed them. In March 2009, the PUC selected eight transmission service providers to complete projects as part of the overall CREZ initiative.


“Now that the PUC has fulfilled the legislative mandates associated with CREZ, these transmission service providers will follow the same procedure that transmission service providers throughout the state have followed traditionally, but the CREZ projects have been given a priority status to ensure the lines are completed by 2013,” Hadley said. The providers will lay out the specific routes, negotiate easement agreements with landowners, obtain PUC’s final approval in the form of a Certificate of Convenience and Necessity, and then build
the transmission lines.


Certificate of Convenience and Necessity (CCN) Before a transmission service provider
can begin constructing a transmission line, it must be granted a Certificate of Convenience and Necessity (CCN) by the PUC. The CCN is important, because it brings two things: the power of eminent domain and the power for the transmission service provider to charge back its
costs for the project, plus earn a reasonable profit as provided in Section 36.051 of the Texas Utilities Code, part of Senate Bill 20. Webb said, “Essentially, when the PUC grants a CCN, it makes a transmission service provider a representative of the state, granting the provider the state’s power of eminent domain to condemn private land plus the ability to charge all of
their costs back to Texas electric consumers.


Think about this: Senate Bill 20 grants the transmission service providers
the power to take your property through eminent domain. But, if you as a landowner
choose to fight them, you as an electric consumer will be subsidizing the
cost of the very same transmission service provider that is taking your land through
eminent domain.”


During the CCN application process, the provider must outline its route and
provide a cost estimate. It is during this phase that landowners and interested parties
have the opportunity to intervene by commenting on the routes, negotiating alternatives
and possibly affecting the outcome of the process.


When a landowner signs the paperwork granting a transmission company an easement, it gives the utility unlimited access to the property, which could disrupt both wildlife and livestock.

The Texas Parks and Wildlife Department (TPWD) also reviews the proposals
to ensure providers are complying with all state and federal environmental laws. The
PUC requires the consultants who conduct the environmental assessments for each
project to submit a signed affidavit verifying that they have submitted their reports
to TPWD for review. In a traditional CCN case, the deadline for issuing the final order
is up to one year. By law, the CCN process for the CREZ cases must be completed
within six months.


The transmission service providers usually hold town hall meetings to discuss
the potential routes, but they are only required to directly notify parties who are
potentially “affected” by the proposed lines, not those who are just “interested.”
Interested parties must keep themselves up-to-date using filings posted on the
PUC website or through required public notices in local newspapers.


Milton Greeson, a rancher near Victoria who unsuccessfully opposed the
building of transmission line on his family’s property, said, “The best advice I
can give anyone is to get involved in the process early, stay informed because the
situation can change quickly, and develop suitable alternative routes that will provide
the utilities a feasible option for relocation.”


Easements
An easement is the right to use another person’s real estate for a specific purpose,
which in this case is the placement of electrical transmission lines. In legal
terms, the property owners who are subject to easements are said to be “burdened”
with the easement, because they are not allowed to interfere with the easements’
use.


Derry Gardner, president of the Gardner Appraisal Group in San Antonio,
said, “Every property comes with a bundle of rights that belongs to its
owner. When you grant an easement to a transmission service provider, you
give them about 90 percent of the rights in your bundle for the land covered by
the easement.”


In a perfect world, the transmission service providers will stick with already
established corridors and, in fact, that is the government’s — including the PUC
and the Texas Parks and Wildlife Department – preferred option. In reality,
though, utilities and other transmission service providers constantly need new
corridors to expand their service and increase their options for siting future
projects, Greeson said.


Gardner, who is a former TWA president, said, “If the government put a highway
through the middle of your ranch, theland clearly would not be the same as before.
You would ask: ‘What am I left with? What has been damaged?’ You
need to ask the same sort of questions about power lines.”
Greeson added, “Once the proposed routes have been established, take time
to consider how each one could affect your ranch operationally, visually, environmentally
and economically. Whether you’re opposing the line or negotiating an acceptable agreement, you need to know exactly what you have and what its value is – economically and for the
greater good.”


If landowners are trying to get the line relocated, it is important that the reasons
offered for relocation are broader than “My family doesn’t want this line on our
land,” Greeson said. The PUC and the utilities are hard to sway, so the reasons
have to be compelling and, if possible, recognized as public benefits in their own
right, he said. Examples include endangered species, unique habitat, significant
archeological or historical sites, identified flyways or migratory corridors.
Towers have to be big to support 345kV lines. Some are made of concrete, others are made of galvanized metal. 


“When you’re dealing with the service providers, it’s important to remember that
the transmission line has to go somewhere,”Greeson said. “And if it doesn’t
cross you, it’s likely to cross your neighbors. You need to be aware of the potential
for hostilities, if you don’t handle the negotiations and potential relocation with
tact, care and regard for your neighbors.”


Utilities prefer to use the least contentious routes, so if landowners and their neighbors
can come up with an amenable alternative, the utilities are generally willing to
listen, even if it means spending more money to re-route, Greeson said.
Considerations Regardless of whether landowners are preparing to oppose a proposed power
line or to negotiate an easement agreement, it behooves them to create an inventory
of assets and potential damages.


“Information is power,” Greeson said. “I suggest creating a team that includes an
informed attorney and/or a utility expert, someone who understands the industry
and the inner workings of the PUC; environmental experts such as range managers
or wildlife biologists and, if applicable, a field archaeologist to help you gather the
best information possible.” For the purposes of negotiation, it is important to not
only identify potential resources, but to assign a reasonable monetary value to
them, he said.


In Greeson’s opinion, the first thing that landowners need to determine is the
likelihood of prevailing in a battle to have the power line relocated.
“We lost our battle with the utility and ended up with the transmission line running
right down the middle of our ranch,” he said. “If I’d known that the chances of
us prevailing were slim, I would have focused our resources and our energy on
having the line sited in a much less obtrusive location.”


Even if landowners are optimistic about the chances of prevailing over the
utility company, they should spend time considering the impact of the transmission
line from every angle.


“Consider all the ramifications of any potential line,” Gardner said. “From
strictly an economic standpoint, I’ve seen the presence of a transmission line lower
the market value of a property by 20 percent to 35 percent. From a broader perspective,
the lines change your land and the way you use it – forever.”


For instance, he said, during the construction phase, a ranch will be subjected
to heavy traffic by heavy equipment, which can damage ranch roads, cattle
guards and low-water crossings. Unlike oil companies, utility companies do not
build new roads for their use. If there is damage to the land or to the
infrastructure, the utilities are required to return the property to its original condition,
Hadley said. But the damages have to be documented by the landowners if
they are going to recover the damages, Gardner said.


Gardner listed other issues that landowners should consider: Liability: Even though landowners have sold the easement to the transmission service provider, the landowners can
be held responsible for injury or death sustained by any people constructing or
working on the power line. Damage outside of easements: During construction, it is likely that heavy equipment will maneuver outside the easement’s boundaries because of the
sheer scope of the work, potentially damaging property that doesn’t “belong” to
the transmission service provider.


Travel corridors: In south Texas, the utility right-of-ways, with their clear-cut
corridors and highly visible towers, serve as “highways” for illegal immigrants and
illicit drug trade. Power transmission lines cut a 200-foot-wide swath through the land. By 2013, some 2,300 miles of new lines will affect more than 56,000 acres of potential wildlife habitat.

Wildfires: One of the leading causes of wildfire is sparks from electrical transmission
lines. Their presence increases the likelihood of an uncontrolled burn.
Creation of “easement corridors:” The construction of a power line and its attendant
easement creates a corridor for other easements. Several contiguous easements
through a property can change the land’s character, making it more suitable for industrial
or corridor-use. Plus, the service providers can hang additional lines, such
as fiber optic cables, from the towers, increasing the company’s revenues, without
benefiting the landowners.


Disruption of livestock and wildlife: The landowner has granted the utility unlimited
ingress and egress, so it is possible that the traffic can disrupt feeding patterns
of both livestock and wildlife. The overall impact on wildlife is another
consideration.


Kathy Boydston, leader of TPWD’s Habitat Assessment Program, said, “Linear
projects such as transmission lines tend to fragment habitat more than other
types of projects. Of course, the impact on individual species has to be considered
on a case-by-case basis. What harms one species might actually help another.”
For example, in the case of clearing utility rights-of-way, some species benefit
from the additional edge created when the lines are cut through the brush, she said.
Others are subject to more predation.


Although transmission service providers often prefer the ease of clear-cutting,
TPWD offers guidelines that demonstrate how brush can be trimmed to benefit
wildlife without interfering with transmission lines, Boydston said. If all of the native
plants are removed, TPWD suggests replanting the area with natives to preserve
the value of habitat and to help prevent invasive species from establishing
themselves.


Of course, these are just guidelines but, if desired, landowners can possibly include
them as part of an easement negotiation, she said. Transmission lines seem to have inordinate
impact on large birds, including waterfowl and raptors, she said. Raptors tend to perch on line and suffer from electrocution, but there are design guidelines available from TPWD for transmission service providers to help minimize this impact.

“Flying birds cannot differentiate between lines and the line of the horizon, which can lead to deaths by collision,”Boydston said. “If possible, transmission lines should not be sited across creeks or riparian corridors where birds fly up and down.” If the lines have to cross creeks
or riparian corridors TPWD recommends the lines be marked with bird flight diverters to help birds identify the presence of new lines, she said. TPWD provides specific guidelines to help transmission service providers site lines to help buffer wildlife from negative impacts.

In the case of lesser prairie-chickens, which live in the Panhandle, the transmission
lines required through the CREZ process may further fragment their already
diminished habitat, Boydston said. A Kansas study shows greater prairie-chickens,
close relatives of the lesser prairiechickens, tend to avoid areas with tall
structures such as wind turbines and transmission lines, abandoning areas that were
previously used for brooding and rearing chicks.

While it may seem that the impacts to wildlife are not significant, they are cumulative,
Boydston said. In the case of the CREZ project, it could affect up to 56,000 acres of land. Because of the large footprint that transmission lines can leave across Texas, TPWD is considering creating a process for compensatory mitigation, she said. Build it and they will come: new transmission lines, new sources of electricity, new subdivisions, and thousands more people making demands on the land.

“The department is charged with protecting the state’s natural resources, and
we would be remiss if we didn’t recommend that the utility companies somehow
compensate for these wildlife losses,” Boydston said. In addition to the impact on wildlife,
landowners should consider how the transmission line will affect their everyday
operations. “It’s important that landowners anticipate how the presence of the transmission
lines and towers will change the way they do business daily,” Greeson said. “Look
around and ask: ‘Will I have to move my working pens? My hay barn? My equipment
shed? My water troughs? My feeders? My deer blinds? If so, how much will
it cost to move them or rebuild them?’ If you want to recover those costs, they need
to be documented and presented when you negotiate your easement.”

Gardner noted that landowners have one chance to negotiate an acceptable
easement, and once the papers are signed, there is no going back to ask the transmission
service provider for additional considerations or damages; therefore, it is important
that the initial agreements cover as many eventualities as possible. “You must position yourself to maximize the value of your property,” Gardner said.

Eminent Domain
Eminent domain is the power of the federal or state government to take private
property for a public purpose, even if the property owner objects. Under the Fifth
Amendment to the U.S. Constitution, the government can take property if it is for
public use and the owners are “justly compensated” for their loss. Experts say
that the phrase “justly compensated” is a point of contention in Texas.
David K. Langford, TWA’s Vice President Emeritus, said, “The U.S. Constitution
says private land may be taken for public use if the owners are justly
compensated. It does not say that private land may be taken for public use, unless
it’s too expensive. Excessive expense is the primary justification utility companies
give for their cut-rate offers.”


He continued, “In a nutshell – and in an act of ultimate unfairness – individual
landowners, because of the misfortune of location, bear the burden of cost for society.
Just compensation cannot happen in Texas as the eminent domain laws are
written now, so the only way to ensure just compensation is to fix our state’s
eminent domain laws.”


Webb said, “Because the transmission service providers have the power of eminent
domain, landowners start with their backs against the wall, and the service
providers know it. Why should they pay fair market value when they can just take
it from you?” “The settlement offers are generally based on production value, not market
value, and they don’t include damages.


As a landowner, you don’t really have a choice — you can take the low-ball offer
or you will find yourself in condemnation court.” Landowners who choose to oppose the
transmission service providers must complete an administrative process before
their case ever reaches civil court, Webb said. While it might be tempting to tackle
the process without legal counsel, it could be disastrous because one misstep during
the administrative process can prevent the landowner’s right to appeal the administrative
phase to a civil phase, he said.


Venue for a condemnation proceeding is the county where the land is located.
The condemning authority’s (transmission service provider’s) burden is to prove that
there is a public necessity for the eminent domain and obtain a public necessity
resolution from the condemning authority’s Board of Directors.
“At this point, the condemning authority makes a final offer, and if the landowner
refuses to accept it, the case then moves to court, but it’s not a trial proceeding,”
Webb said. The judge, who can be a district judge or a county court-atlaw
judge, appoints three “special commissioners,” who are disinterested parties
charged with considering and assessing damages to the property being condemned.
After hearing the evidence and assessing damages, the special commissioners
must make a written statement of the damages and file the statement with
the court on the day the decision is made.


If the landowner disagrees with the assessment of the special commissioners,
the landowner may object and appeal the commissioners’ decision. Upon filing objections,
the commissioners’ award is vacated and the judicial phase begins. But,
at this point, the condemning authority clearly has the upper hand, because it can
deposit an amount equal to the special commissioners’ award with the court and
take possession of the property, before the judicial phase ever begins.

“Right now, the process is stacked against landowners, but you are not helpless,”
Webb said. “Get informed and be prepared. The law of eminent domain is
full of pitfalls for landowners. Without information and preparation, landowners
will lose their property rights and lose just compensation for the loss of those rights.”

Epilogue: A Private Alternative While most transmission service providers
in Texas apply for a CCN to obtain its attendant powers, there is one notable
exception. Recently, Next Era Energy (formerly Florida Power and Light), the
nation’s largest domestic supplier of electricity, built a private transmission line
from its Horse Hollow Wind Energy Center located near Abilene to Comfort.
The entire project was completed with private money – and without the power of
eminent domain.


“I’ve always said that I’d rather do business with a company that didn’t have
eminent domain than one that did,” Webb said. “And the experiences of landowners
along this line bear out my opinion. Because Next Era did not have the power of
eminent domain, landowners could say ‘No’ to the project. Landowners could
walk away from the table until the company brought an offer that was acceptable.”
In many cases, the company was paying above market value for these lines
plus damages, he said.


Next Era took this route, not because of a philosophical shift, but because, under
the circumstances, it made good business sense, Webb said. The production of the Horse Hollow
Wind Energy Center, the world’s largest wind farm, was curtailed because its production
capacity exceeded the local transmission capacity, Webb said. As a result,
Next Era was not receiving all of its benefits from state and federal policy: federal
production tax credits and revenue from the sale of state renewable energy credits.
The company made a business decision that it would be better off compressing the
traditional three-year time span for building a transmission line into an 18-month
period, Webb said. Why? Because the faster the line was built, the faster the
company would receive its benefits under state and federal law.


To expedite the process, the company negotiated exceptional easement agreements
to avoid conflict along the route, knowing that the additional tax credits would help the company recoup its investment in the long-term, he said. Plus, the company, not the state of Texas, would
own the line and be able to count it among its assets. “In this case, it made good business
sense for Next Era to reach into its own deep pockets and construct the line,”
Webb said. “This one example doesn’t signal a shift for the entire industry.”

Notwithstanding the private line, Next Era created a subsidiary, Lone Star Transmission
LLC, which has been awarded one of the CREZ priority projects. The
company will be applying for a CCN to complete that line.
Gardner said, “The fact that Florida Power and Light through Next Era Energy
was willing to include damages in their easement agreements is a landmark. Prior to
this time, utilities refused to admit that the presence of a transmission line could result
in damages. Now, the largest utility company in America has not only recognized
that there could be damages, but h

Dealing With the Dallas Passport Agency Office

I wanted to share what has turned our to be one of the worst customer service experience that we have encountered in quite some time.  If yo...