Monthly Archives: February 2017

2017. Just the Facts. Kolkhorst. SB 740.

SB 740 Relating to the acquisition of property by an entity with eminent domain authority.

  • Requires disclosure of new appraisals within 10 days or 3 days before a special commissioners hearing
  • Allows a property owner to be awarded attorney fees if the amount awarded is 20% higher than the final offer
  • Defines a list of new requirements for the bona fide good faith offer such as:
    • easement details
    • right to damages from construction
  • Requiring that a condeming entity pay an award before an…

Private Property Rights. Home Sharing. City Rewrites Home Sharing Ordinance. The Details are in the Data.

The City: Chicago

The proposed revisions to home sharing ordinances will:

  • Require homeowners to retain the names of guests but only require disclosure with a warrant or subpoena
  • 4% surcharge on each rental
    • Revenue estimated is $2 million/year
    • revenue will be earmarked for homeless
  • Allows areas of the city that are zoned as single-family homes the ability to pass petitions to restrict the home rentals

Chicago Tribune | Mayor Emanuel wants changes to home-sharing rules

Property Rights Group Applauds SB 740 SB 741 and SB 742. Just the Facts.

3 Reasons why Texans for Property Rights support Senator Kolkhorst’s eminent domain bills:

  • Expand upon progress made in landmark 2011 eminent domain legislation
  • Senator Kokhorst worked with the group and says the bills “…give[s] all landowners the new tools and safeguards they need to protect their land from eminent domain abuse”
  • The Cattle Raisers say “Property owners continue to be at a huge disadvantage when navigating the condemnation process and these proposed reforms are a great step…

Peach State. Allow Repurchase Faster. 4 Key Points.

How long does a person have to wait to purchase property taken by eminent domain in Georgia? The proeprty  must have been put to public use for 20 years

What repurchase proposal is being considered? Immediate purchase of property tken by eminent domain for blight

What group will be most impacted by this change? minority communities

What alternative city action could mitigate this state law change?  Stronger locla code enforcement

FOX 28 | Eminent domain amendment proposal to tackle…

Legal Trend. Company Withdraws Lawsuits to Continue Negotiations. 4 Key Points in Legal Strategy.

The Company: Texas Central Rail

The lawsuits: 12+ lawsuits concerning eminent domain, and specifically pre-condemnation access to the privately held land

The strategic advantage of withdrawing the laawsuits: amicable negotiations

The trend being emulated: Private companies promoting negotiations without eminent domain

Dallas Morning News | Bullet Train Developer Drops Lawsuits against Landowners (References the Schwertner bills, SB 626-629)

Construction Dive | TX bullet train developer…

Eminent Domain Debate 2017. Hollywood with an Assist on the Big Screen

Making the film festival circuit this spring- the Suzette Kelo story starring Oscar nominee Catherine Keener.

The all American elements of the plot:

  • Lady owns a little pink house
  • Big Pharma wants to expand
  • Eminent Domain is used to take the pink house
  • Lady fights her way to the Supreme Court & loses but changes eminent domain laws throughout the country.

A film about outsiders fighting the system… Raging against the machine.

Hollywood Reporter | ‘Little Pink House’: Film Review | Santa…

Private Property Rights. Home Sharing Regulations. 5 Keys to Effective Regulations.

A Wharton School of Business, President Trump’s Alma Matter, features an interview with Wharton’s Kevin Wherbach offering these tips and examples to foster nascent industry:

  • Look to the FCC and its treatment of Skype. Skype didn’t fit neatly in industry categoried and regulations. FCC VOIP regulations were written such that the door was left open and Skype flourished by working with regulators.
  • Don’t rush to impose traditional rules on ride share companies like Uber.
  • Anti-trust case against…

Just the Facts. SB 629. The Eminent Domain Package via Senator Schwertner.

SB 629

  • The author list: Schwertner | Buckingham | Burton | Campbell | Creighton | Hall | Hinojosa | Hughes | Rodríguez | Seliger | Perry
  • What it does: Eliminates the addition of interest when agricultural land is converted to a non-agricultural purpose
  • What’s the hook? Landowners should be able to choose without penalty (interest) how to use their land