No Eminent Domain to Build Hyperloop.

Hyperloop travel time from Austin to San Antonio: 15 minutes

Hyperloop financing structure: Private

Hyperloop use of eminent domain: No eminent domain will be used.

Texas Monthly | Will Texas Soon Be Home To The Fastest Train In The World?

 

Previously on InformedIntel, 14 July 2016:

Texas Transportation Project Saying No to Eminent Domain. Yes to Profit Sharing with Landowners.

The start up:    Transonic Transportation LLC

The rail project:   A hyperloop connecting Austin…

Eminent Domain. City Acquires Water Utility. City Alleges Bad Faith.

Which city sought to aquire by eminent domain a water utility? Missoula, Montana

Who does the city allege acted in bad faith? The Carlyle Group

Where did the Courts fall on eminent domain? Montana Courts sided with Missoula to allow eminent domain against the water utility

What bad faith actions does the city allege against the Water Utility & its holding company?

  • fraud
  • negligent misrepresentation
  • deceit
  • breach of fiduciary duty
  • deceptive and unfair acts and practices
  • civil…

Interim. Private Property Rights. Sharing Economy. Who is responsible for city violations ?

Why is Airbnb is suing the CIty of Anaheim? A local ordinance makes Airbnb liable for short term rental proeprty owners who violate city ordinances.

What violations of local laws are we talking about? the ordinance requires Airbnb to remove unlicensed listings within 10 days of $500 for the first offense, $1,000 for the second offense and $2,000 for a third or subsequent offense.

Is this local law trending? yes, Airbnb also sued San Francisco for fines the city is imposing on the…

Eminent Domain Case of the Year in Texas: The Elbow Room at Texas A&M

The key issue: Business owners, who do not own the business’s property, may be forced into move 

The eminent domain issue: Texas does not recognize a comepnsable value for a tenant business

Do other states compensate a tenant? Yes, look at California

The property in dispute & the project: A new dental school facility at Texas A&M may require that the university acquire the property occuppied by the Elbow Room

Does this sound familiar, a popular establishment near a university facing…

4 Ways Southerns Think about Eminent Domain.

National Geographic’s website has a feature piece entitled, Palmetto Pipeline: An Eminent Problem. Here’s what you need to know:

  • Southerners aren’t opposing pipelines for environmental reasons, but for private property reasons.
  • What didn’t sit well with landowners is that the pipeline can take an easement via eminent domain, leaving the property owner to pay taxes on land that it can’t use because the pipeline is on it.
  • In 2016, government officials denied eminent domain because there was…

Legal Trend. Major State Supreme Court. Compensation for Study and Assessment of Land.

The State: California

The win: Landowners who sought compensation for extensive geological and environmental testing that included:

  • multiple days of precondemantion access to land
  • over a two-year period
  • with the removal of soil borings to 150 and 300 feet

The public works project: A water tunnel under the Bay Delta as part of a new water delivery system

Matteoni, O’Laughlin & Hechtman | California Supreme Court Issues Major Ruling Regarding Landowner Compensation For Those…

Job Creation Leads to Eminent Domain Veto

Which governmental entity vetoed an eminent domain project? Outagamie County Executive 

What governmental purpose was the project fulfilling? A new Sheriff’s department facility

What was the reason for the veto? It came to light a private company would operate the facility and create 100 jobs

WeareGreenBay.com | Outagamie County Executive to veto eminent domain plan

INTERIM. 2 Reasons Economic Principles Do Not Support Just Compensation

  • Economic principles do not apply to eminent domain because there is no willing buyer and no willing seller involved in eminent domain
  • Behavorial economics loss aversion shows that people would pay less for other people’s property than they would accept as a purchase price for their property

Bangor Daily News | Eminent Domain, Just Compensation, and a Raw Deal for Homeowners