Lege Trend: Short Term Home Rentals

California legislature is considering “SB 593, which would require such “hosting platforms” to give cities and counties the addresses of rental residences, the number of nights the sites were occupied and the amounts the renters paid.” 

The big players in this business, Air BnB, and Homeaway, are hiring up. California lawyer types are thinking of it as a new test for the sharing economy- ride share, home share, etc…

How much flexibility you have with using your home &…

Kelo 10 years Later

How did eminent domain use for economic development purposes fare, even with the US Supreme Court’s blessing in Kelo? There were no winners. 

  • The land on which Suzette Kelo’s house stood is undeveloped.
  • The company, Pfzier, which received tax incentives and abatements in the economic devleopment plan, closed its operations in New London in 2010.

Institute for Justice

Cattlemen Sieze Trend: Public Use Standard has run amuck

Other states have reigned in eminent domain authority by denying eminent domain when there is no public use. Their actions have been via court action, legislation, and regulatory denial of permitting. 

The classic example has become a pipeline or transmission line that does not provide service or use to any part of the state through which it passes. 

Joining the legislative trend to reign in eminent domain standard of public use. President of the Cattle Raisers writes,”In m…

Watch out Presidential Contenders: Eminent Domain Becoming a Campaign Issue in Iowa

A former elected official is vowing to defeat incumbents in different districts if eminent domain overhaul isn’t finalized. The target: no eminent domain for private gain. 

Iowa is quickly moving forward to make it considerably more challenging for a private comapny to exercise eminent domain. 

“Use of eminent domain also deepens the feelings of landowners and others “who feel the average person’s freedom and liberty doesn’t matter anymore and that big corporations with pol…

Regulatory Trend: Show Me State Poised to Say No to Eminent Domain for Transmission Line

A transmission line that was denied eminent domain in Arkansas, faces a second denial for the use of eminent domain because the transmission company cannot show need.

From the regulators:

” A Missouri Public Service Commission staff report found that while CLEP demonstrated abilities to …

Lege Trend: Palmetto State Saying No Eminent Domain for Pipes

South Carolina lawmakers tells us their emoinent domain laws are old- decades old. Back in the olden days lawmakers though of eminent domain as something for utilities and power companies, not pipelines. 

Specifically, lawmakers never considered pipelines owned by private companies. Whereby private companies gain eminent domain.

The proposal would require oil and gas pipelines to gain approval from their version of the PUC and of TCEQ before being afforded the ability to us…