Monthly Archives: February 2017

Private Property Rights: Advocating for Tiny House Laws. 3 Key Pieces of Intel.

State: Oregon

The Advocates want:

  • Crack down on “bootleg” construction. (Do images of lumber jack beards and moonshone pop into your head too?)
  • Protection for non-sited tiny homes
  • Construction Codes 
    • House Bill 2737
    • special construction codes for homes that are smaller than 250 sq.ft.
    • allow narrow ladders or stairways for lofts
    • allow narrow ladders or stairways for lofts
    • exemptions from required electrical…

4 Bits Intel. West Coast State Bill. Change Attorney Fees Calculation.

State:  California

The current way attorney fees are awarded in eminent domain: Since 1975, attorney fees can be awarded in California for eminent domain if:

  • final offer of compensation was unreasonable
  • the final demand of the property owner was reasonable

Assembly Bill 408 wants to change the standard for attorney fees in eminent domain to: 

  • Attorney fees must be awarded if condemnor’s offer is lower than 90% than the court’s value determination
  • Attorney fees may be awarded if condemnor’s…

Private Property Rights: Eminent Domain by 1000 Property Fines. 3 Steps to Nouveau Eminent Domain.

Which city is subject to an Institute for Justice lawsuit for fining its way to eminent domain? Charlestown, Indiana

What’s the alleged nouveau eminent domain use? Fining property owners out of their homes for minor infractions, like a torn screen. Its a bludgeoning by the housing code.

What happened after 1000s in fines accrued? The city made offers to land owners that the fines would be waived if the property owner sold their property to a developer for $10,000.

Institute for Justice…

State Law Prohibits Eminent Domain for Private Gain. How do Pipes and Lines get built?

The State: Pennsylvania

The eminent domain prohibition: no eminent domain for private enterprise, even if there is a public use

The pipeline project: An interstate liquid natural gas pipeline is subject to federal law that allows for eminent domain even when state law prohibits it

Penn Live | Second Sunoco pipeline possible in Cumberland County, landowner continues fight

Eminent Domain by Private Entities is Crony Capitalism.

Tyler Morning Telegraph editorial opposing Texas Centrail Rail raises these 3 points:

  • This isn’t a rural-urban issue. This is a property rights issue.
  • You can’t say this is a private enterprise, promoting free market when you use eminent domain, because eminent domain is the opposite of free market.
  • This is crony capitalism with the government  “thumb on the scale”

Tyler Morning Telegraph | Editorial: Texas bullet train an example of crony capitalism

5 Bills + 5 Companion Bills. Eminent Domain Reform for Rail Only.

A legislator coalition joined forces to limit eminent domain for high speed rail. Who is involved?

  • Senators Birdwell, Creighton,  Kolkhorst, Perry, & Schwertner
  • Representatives Ashby, Bell, Cook, Schubert, and Wray 

Which eminent domain issues are being addressed?

  • Pre-condementation Access to Property. SB 973 by Creighton/HB 2168 by Bell (Railroad Determination Before Surveys) – prohibits a high-speed rail entity from entering private property to conduct a survey unless the Texas Department…

Lege TREND. Attorney Fees. Sooner State Bill Sets New Threshold for Attorney Fees.

Oklahoma’s House Bill 2194 ups the ante on attorney fees and just compensation. The facts:

  • HB 2194 allows for an award of attorney fees if the jury award is higher than than the special commissioners.
    • Yes, you read that right, any amount higher than the special commissioners and attorney fees and costs are retreivable by the property owner.
  • HB 2194 also requires actual sales prices & actual awards to be used in just compensation calculation. 

2017. SB 742. Kolkhorst. Just the Facts.

SB 742 by Kolhorst.  Relating to requirements for a bona fide offer for the acquisition of property by an entity with eminent domain authority.

  • Requires easements to include more details on right of way, usage, size scope
  • Allows for damages related to the easement
  • Establishes 5 covenants:
    • securing the property owner’s land (locking gates etc)
    • maintaining the right of way
    • repair and restore land to the original condition or better than original condition
    • the owner shall be…

2017. Just the Facts. SB 741.

SB 741 by Kolkhorst. Relating to compensation to a property owner for property acquired by an entity with eminent domain authority.

  • Adds royalties and profit sharing to what maybe considered compensation to a property owner
  • Allows negotiations concerning compensation to be admitted into evidence during eminent domain proceedings.