Monthly Archives: January 2017

Just the Facts. SB 626. The Eminent Domain Package via Senator Schwertner.

SB 626

  • The author list: Schwertner | Birdwell | Burton | Creighton | Hall | Huffines | Huffman | Kolkhorst | Nichols | Seliger | Zaffirini
  • What it does: Requires a separate offer for any property “not reasonably necessary to complete the public use” 
  • What’s the hook? The land in this additional offer wouldn’t otherwise trigger eminent domain 

 

Tarheels work new eminent domain grant- to connect customers. 3 Points to Know + read the bill.

North Carolina Legislature is considering HB 10 which would extend the authority of eminent domain by allowing it to connect customers. The bill’s language:

“Connection of Customers. – For the public use, private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this section shall possess the power of eminent domain and may acquire by purchase, gift, or condemnation any property for the connection of any customer or customers.”

At the…

No eminent domain for private gain. Cornhuskers target Energy.

A bill to allow for private sale of electricity in Nebraska also includes a laundry list of eminent domain prohibitions for all electric generators and distributors.

Nebraksa’s LB 660 would prohibit eminent domain for:

  • generation
  •  transmission
  • distribution

If that isn’t enough, a stand alone bill calling for no eminent domain for the electric industry also exists in LB 547

Omaha World Herald | Nebraska lawmakers introduce bills that would end public power companies’ monopoly, use of…

5 Points. Cattle Raisers. Leveling Eminent Domain Playing Field.

The president of the Texas and Southwestern Cattle Raisers Association says the following is necessary to level the playing field for eminent domain:

  • There will be a decrease in eminent domain litigation
  • A better initial offer makes it less likely that eminent domain will result in a lawsuit
  • private property rights are of paramount importance
  • property owners are at  “a huge disadvantage” in eminent domain actions
  • To get a better initial offer, they suport adding more “details up-front for…

Land Use Trend. Rural Land Sharing. Farm Sharing. Camp Sharing. The Regulation.

Farmers in Australia are experiemnting with a new version of Airbnb for rural landowners– farm sharing.

The business entity: Youcamp

The sharing economy: Rural land owners offering temporary camping

How is camp-sharing being regulated? By local governmental councils. There are no statewide public camping regulations as of yet.

ABC Rural | Landholders open up farms to sharing economy as campers look for new experiences

Property Rights. HOA. Mailbox Mandates Lose in Court.

The location: Prince George’s County, MD

The HOA requirement: identical $500 monogrammed mailboxes in a community of $1 million homes

The court found: the mailbox rule was a no-no and a slipper slope (against property rights)

The legal fees home owners to win: $33,000 and 7 years

Are mailbox mandates the new political signs, flag poles et.al?

Washington Post | In a community of million-dollar homes, a fight over a $500 mailbox ends in court

Property Rights. Asset Forfeiture. Transparency. 2 Legislative Goals.

Goals of asset forfeiture transparency laws:

  • lay out how forfeiture is being used
  • hold law enforcement accountable

Institute for Justice criteria for reviewing asset forfeiture transparency laws:

  • Tracking Seized Property
  • Accounting for Forfeiture Fund Spending
  • Aggregate Forfeiture Reports
  • Accessibility of Forfeiture Records
  • Penalties for Failure to File a Report
  • Financial Audits of Forfeiture Accounts

Institute of Justice | State and Federal Governments Must Improve Forfeiture…

Hoosiers Raise Stakes for Eminent Domain by Railroads. Read the Bill. Plan your Offense. Plan your Defense.

The state: Indiana

The new eminent domain threshold proposed for railroads: Require railroads in Indiana to meet the same public use standard of local governmental entities as opposed to public use being met because land is condemned by a railroad.

Indiana House Bill 1260 (2017)

Nothwest Indiana | Lawmakers eye higher standards for railroad use of eminent domain