Uniquely Austin Response to More Eminent Domain near the Convention Center

There’s a possibility eminent domain could be used for expanding the Convention Center. Perhaps maybe plus a whole slew of ther hedge words, eminent domain may be used for a project that includes a new Westin properties hotel on Ceasar Chavez near/linked to the Convention Center.

Naturally landowners and businesses are  opposed to the use of eminent domain, but then the story gets interesting.

The response from the city on whether eminent domain is very nuances, let’s look:

  • “explore…

Private Property Rights: Drone Use by Dallas Cowboys

Legislating & regulating the use of drones is a delicate dance between privacy advocates, property rights advocates, and figuring out who owns air space.

Here are the most basic rules:

  • A private person can operate a drone, in compliance with all other laws, without FAA approval.
  • Beginning September 2014, a commerical enterprise, like the Cowboys, has to apply for a waiver from the FAA to operate a drone.

Dallas Morning News

Private Property: Regulating Short Term Rentals by Initiative & Referendum.

16,000 signatures have been collected to opposed San Francisco’s short term rental ordinances.

Opposition to the short term ordinances  includes:

  • affordable-housing proponents
  • organized hotel labor

Opposition stems from the San Francisco short term rental ordinance:

  • lacking enforcement teeth
  • exacerbating the city’s affordable-housing shortage.

The initiative would amend the current short term rental ordinance to require:

  • A cap on the number of nights a unit could be rented at 75…

AG Opinion from the Palmetto State: No eminent domain for oil & gas

In a long attorney general opinion, relying on case law from Nevada to Florida, the attorney general of South Carolina has issued an opinion that an oil and gas pipeline in all likelihood does not get the privilege of eminent domain.

The opinion discusses South Carolina Courts, and other courts, striking down eminent domain for private companies. 

Its a trend that has been sweeping the nation from courts to legislatures. Everyone is looking for a public use connected to the land that is…

Eminent Domain Reform = Lost Revenue? Negative Economic Impacts? No, No & No.

The Institute for Justice reviewed eminent domain reforms to protect private proeprty rights enacted after Kelo and found none of the doomsday messages.

  • Revenues were not harmed by eminent domain reform.
  • Jobs did not disapear.
  • Development did not cease.

According to this reasearch, the world does not end, regardless of how strong the private property reforms are.

Institute for Justice

Empower Texas Turns to Property Rights

Empower Texas is highlighting Houstonian barry Klien, founder of Houston Property Rights Association. In 1992, he founded Houston Property Rights Association to fight against zoning in Houston. Houston Property Rights Association has been active since.

Empower Texas highlights that “Because of his work, the Property Rights Foundation of America called him, “one of the most respected property rights activists in the nation.” With Klein’s tireless efforts and wealth of knowledge, he…

Private Property Rights: End Forced Annexation. 3 Reasons Why from TPPF.

  • For 100 years Texas has permitted forced annexation
  • Texas should stop this practice and stand for limited government and conservative policy
  • City governments should not be allowed to trample property rights.

TPPF says these 2015 bills would have helped:

  •  HB2221 which died on a point of order
  •  SB 1639 which never made it out of House Committee.

TPPF

 

 

Inverse Condemnation Requires Causation. Especially, if Whooping Cranes & River Authorities are involved.

The US Supreme Court let stand a 5th Circuit ruling in favor of TCEQ. Guadalupe Blanco River Authority had sued saying a TCEQ action caused the death of a bunch of whooping cranes. 

GBRA was trying to show a regulatory taking of property, which means something of value had to be taken (whooping cranes) and it was the fault of the government (TCEQ). 

In this case, not so much proof of a regulatory taking according to the courts. A win for TCEQ. A loss for lovers of whooping cranes.

…

160 Year Old Property Rights at Heart of Lawsuit

Say you own property near a Native American reservation. Say you have to use a county road to reach your property, but the county road runs through tribal lands. Does the soveriegn authority of the tribe override your property rights to an easement that you have enjoyed?

Time will tell. Tribes in New Mexico are cutting off access to county roads that traverse tribal lands. Some non-tribal lands, that are wholly surrounded by tribal lands, may have no access to and from their…