Eminent Domain Compensation in Texas Lacking After SB 18. 3 Key Points.

In supporting the newly formed texas Property Rights Initiative, the Texas and Southwestern Cattle Raisers Association representative mentioned 3 issues about eminent domain compensation:

  • eminent domain does not involve a willing buyer and a willing seller
  • Eminent domain compensation increased in court
    • the TSCRA representative’s family property in 2 eminent domain disputes was awarded 600 times & 10 times more after fighting the taking in court.
  • Current law favors for-profit…

Texans for Property Rights Initiative. Who. What. Where.

WHO: Texans for Property Rights Initiative includes:

  • Texas and Southwestern Cattle Raisers Association
  • Texas Farm Bureau
  • Texas Wildlife Association
  • Texas Forestry Association
  • South Texans’ Property Rights Association
  • Texas Poultry Association
  • Texas Sheep and Goat Raisers Association
  • Independent Cattlemen’s Association
  • Texas Grain Sorghum Association
  • Plains Cotton Growers, Inc.
  • Corn Producers Association of Texas
  • Riverside & Landowners Protection Coalition
  • Texas Land &…

Legal Trend: Short Term Rental Ordinance Unconstitutional.

The city imposing a short term rental ordinance: Nashville, TN

The highlights from the Nashville ordinance:

  • Capped rentals at 3 percent of all homes within each neighborhood
  • Requires would-be renters to obtain a permit

What was unconstitutional?  The ordinance was too vague, but the 3% cap completely A-OK

Model Legislation from ALEC is moving in TN after having passed in AZ.

Reason | Nashville’s Airbnb Regulations Ruled Unconstitutional

+ 1 Texas County. Eminent Domain Restrictions.

Add Montgomery County to the list of counties that oppose eminent domain for proposed high speed rail from Houston to Dallas. 

The vote: unanimous

The common theme among commissioners: An opposition to a private company seizing private property.

The resolution:

 

RESOLUTION AND ORDER

 

WHEREAS, Montgomery County finds that any high-speed rail lines and facilities crossing county roads is not desirable; and

WHEREAS, Montgomery County values the protection of real property rights…

Texas Eminent Domain Data. See What the Researcher's Did with the Data.

Eminent Domain by the numbers:

  • 5, 042   total entities with eminent domain authority
  • 211 the number of times eminent domain authority was exercised in 2015
  • 1227 the highest number of entities within a county that have eminent domain authority
    • the #1 county: Harris
  • 239 the 2nd highest number of entities within a county that have eminent domain authority
    • the #2 county: Dallas
  • 30% of entities with eminent domain power are Municipal Utility or Water Districts
    • 2/3 of the 30% are…

2017 Intra-Industry. Oil. Gas. Mineral Rights. Property Rights Cage Fight to Watch.

Gearing up for an intra-industry fight: Texas Mineral Owners vs. oil and gas industry

What’s triggering the beef between these 2 groups? Whether companies can drill horizontal wells that reach across different lease lines

From the Texas Mineral Owners’ side: Mineral Leases often prohibit pooling. Pooling is seen as:

  • tramples property rights
  • upends negotiated contracts

From the oil and gas side:  companies have histroically pooled adjoining leases

San Antonio Express News | Fight…

What is the #1 thing to do if a company wants to acquire land, but eminent domain authority is nebulous?

If an entity wants to acquire land, and may or may not have the power of eminent domain, how does the entity acquire land?

By offering above market value for land. At least, that’s what Texas Central Rail is offering to avoid eminent domain.

Community Impact | Rural residents, high-speed rail proponents clash at community forum

Compensation for unusual lands. Valuing Mineral Rich Land near UFOs. 3 Key Points on Just Compensation for Unique Land.

What land near UFOs is there a pre-eminent domain negotiation for value? The Groom Mining Land near Area 51

What value does the property owner appraisers give the land?  $44 million and $116 million

What’s the offer from the federal government? $333,300 with a final offer of $5.2 million

What factors do the property owners say factor into the land’s value?

  • The land is the only privately held land with a view of Area 51
  • An appraiser found the federal government will gain $444…

LOCAL TREND: Sharing Economy Partner Agrees to Track Property Owners. Legislature Bans all Short term Rentals.

Where is this happening? New York City

What’s happening? Short term rental company, AirBnB, agreed to track property owners who have are renting out multiple locations

Why does this matter?  2 reasons:

1.  It typifies local ordinance quagmires over short term rental ordinances.

  • Property owners like the free market principles of short term rentals to use their property as they see fit.
  • Local governments, like NYC, want to address issues like exacerbating a lack of affordable…

Land Use Regs v.s Urban Growth. 3 Points from the Economists.

The Wall Street Journal looks at the tie between land use regulations and 

  • land use regulations drive up the cost of construction
  • higher construction costs limits new construction to luxury construction
  • the result: urban economic segregation

What protections do local governments say land use regulations provide:

  • preserve the historic charm of neighborhoods
  • ensure sunlight and fresh air can reach the streets
  • limit congestion on sidewalks, streets and public transportation

Wall Street…