Monthly Archives: April 2016

TREND: New Eminent Domain Target. High Pressure Gas Lines. 3 Points Informed Intel.

What state passed new eminent domain restrictions this week? New Hampshire. Freedom loving libertarian types, sound familiar?

What was the primary target of the NH eminent domain reform? gas pipelines, with some legislators laser focused on “outlawing” high pressure gas lines

What specific reforms happened in NH’s HB 1660? 

  • eminent domain will now trigger a land use change tax in NH
  • for high pressure gas lines, an entire piece of property must be acquired by eminent domain
  • requires a…

Private Property Rights. 4 Ways TX Drone Law Unconstitutional?

Who is arguing that Texas drone law is unconstitutional? A former federal judge

Is the Texas drone law being challenged in court as unconstitutional? Yes.

What are the issues taken with the Texas Drone Law?

  • Violates Privacy of Texans on the Border by not applying privacy to 25 miles from the border
  • Treats Texans on the Border different from other Texans violating Equal Protection
  • No legitimate Texas law enforcement purpose for treating the border differently for privacy…

Interim Sharing Economy. Property Rights. Deal Made in Western Legislature. 4 Key Elements of the Legislation. Read the Bill. Strategize Accordingly.

Which state legislature  is negotiating a deal on home sharing taxes? California

Which tax options were rejected? a statewide system for collecting tourist taxes

What does SB 1102 require?

  • ​Sharing company (AirBnB, HomeAway, et. al) would collect a local hotel tax
  • Deals with local governments would not be preempted, allowing for local government opt out
  • compliance would occur with the state controller
  • retains privacy for property owners, who would not be disclosed to the…

INTERIM. Editorial. TX City Changes Eminent Domain Process. Gets it Right in 3 ways.

What good acts did Dallas City Council do on eminent domain?

  • After hearing from a constituent that could not afford to relocate based on the city’s offer, the city paused the project to find a better solution.
  • City Council members also forced a review of the city’s eminent domain procedures
  • City Council returned to a 2 step eminent domain process.
    • Step 1: Try to reach an agreement with the land owner
    • Step 2: When no agreement is reached, City Council must separately approve eminent…

Private Property Rights meets Land Speculation. Indictments in North Texas. 4 Key Informed Intel.

What law enforcement agency was investigating land deals in North Texas? U.S. Department of Justice

What transportation project is involved? I-35 E expansion in Denton County

What crimes are alleged to be involved in these land deals?  conspiracy to commit mail fraud

What makes people believe real estate development was land speculation?

  • accused of deceiving the Texas Department of Transportation by
  • buying frontage land low
  • asserting that the land was under development
  • and…

INTERIM. 2 Problems. Property Rights. 1 West Houston TIRZ.

The Memorial City TIRZ, a special district, in located in west Houston, is geerating attention for these structural and operational problems:

  • The TIRZ was created in 1999 by Mayor Brown
    • It called for “qualified neighborhood residents” to be the board members
    • Spring Branch West Super Neighborhood says appointees aren’t being vetted through them, and they have no representation on the board
  • Flooding sparked a lawsuit against the TIRZ
    • A 2 year flood led the Residents Against Flooding…

National Editorial Opposes Dallas Use of Eminent Domain. 4 Bits Informed Intel.

Which publication took the side of a small business owner in an eminent domain situation in Dallas? Wall Street Journal

What is the Dallas eminent domain issue?  Dallas wants to acquire a local auto repair shop to create a gateway to its arts district

How is Dallas acquiring this property? Some say that Dallas zoning ordinances are being amended to prohibit the operation of the auto body shop. 

What did the editorial say about Dallas’ zoning law changes that caused businesses to…

INTERIM. Asset Forfeiture Bill from the Golden State.

Americans for Tax Reform & the ACLU Support California’s SB 443 that protects against abuses of the asset forfeiture system.

What protection is California adding before property can be taken via civil asset forefeiture?

  • Requires a conviction before before local agencies can collect any proceeds from federal equitable sharing funds.
     

Americans for Tax Reform | Americans for Tax Reform Endorses California’s Property Rights Bill
10th Amendment Center | End the Status Quo on Asset…

INTERIM. Does the Economic Impact of Texas High Speed Rail Support Eminent Domain?

What great economic gains does Texas Central Rail points to with high speed rail? 

  • $36 billion economic impact over 25 years
  • TCR will pay $2.5 billion in taxes to state, counties and local governments
  • The $10 billion project is a job creator, providing 10,000 jobs a year during the four-year construction phase and an additional 1,000 jobs, once the train is in operation.

What does Grimes County Judge say about economic benefits and the impact to eminent domain? Irrelevant. “The power of…

12+ Texas Land Owners Lawsuits. Pecos Pipeline. 1st Pipeline of its Kind. What the Attorney Says.

What the land owner attorney says about the eminent domain lawsuits for the pipeline to Mexico :  

  • No one has ever used eminent domain to build a pipeline that only delivers oil and gas to Mexico.
  • The Railroad Commission does no investigation on whether the pipeline is a common carrier.

News West 9 | Pipeline company files eminent domain lawsuits against Big Bend landowners