Monthly Archives: March 2018

Local Government TREND. +1 County Moves to Block High Speed Rail Eminent Domain

The County: Madison County Texas

The high speed rail project: Texas Central Partners’ Dallas to Houston High Speed Rail

What action did Madison County take to block any high speed rail eminent domain use in Texas?

  • county intends to maintain the roads for the use intended, and no other use

Madisonville Meteor | County takes stand on railway

Bill Drafting. Eminent Domain Compensation. 2 Standards to trigger Attorney Fees.

Attorney fee standards in eminent domain statutes are either:

  • reasonable attorney fees or costs
  • attorney fees and costs “actually incurred” *

* Courts may find “Actually incurred” means invoiced and not actually paid.

The Nebraska Supreme Court in Transcanada was analyzing a “actually incurred” standard when it determined there was insufficent supporting evidence concerning the attorney fees.

TransCanada Keystone Pipeline, LP v. Nicholas Family Ltd. P’ship, No. S-17-116 (Mar. 9, 2018) via Ne…

Move over trees and landscaping, welcome state law preemption of fencing ordinances. Read the bill.

State: Wyoming

The bill: WY SF 107 (2018)

How would state law preempt local fence regulations?

  • prohibit any county or town from passing a fence ordinance that violates current WY code

What’s an example of a blocked ordinance under this bill? If an ordinance required wildlife friendly fences, which is an issue in Teton County

Jackson Hole News Guide | Proposed change to fence law is dead

 

5 Big Property Rights & Eminent Domain Cases in Texas. Foreshadowing 2019.

Local TREND. Blight. In lieu of fines, court for blight. 3 Points from the ordinance.

City: Southington, CT

Current Blight process: Inspector visits, most property owners cure the problem. If not, police visit and issue citations with fines. 

New blight ordinance proposal: 

  • In lieu of fines and a police visit, the proposal is to send the unremediated blight directly to housing court. 
  • Any complaints are limited to complaints in writing. 

Southington Record Journal | Southington council considers housing court for blight cases

1 Reason Eminent Domain Cases May Move to Federal Court. US Supreme Court Watch.

The U.S. Supreme Court has agreed to hear Knick v. Township of Scott  which could overturn its ruling Williamson County Regional Planning Commission v. Hamilton Bank.

Why does this matter to state legislatures? As ABBA sings—-m oney, money, money.    Compensation standards and awards differ. 

Besides money, why should state and local officials care? Because vocal private property rights activists also want Williamson County overturned. 

 

Reason | Supreme Court Will Hear Important…

Anatomy of a Compensation Award. From $11,000 to $1.1 Million.

State: Ohio

Eminent Domain Use to take: 0.338 acres of land for an overpass and bridge by the Ohio Turnpike and Infrastructure Commission

The Ohio Turnpike and Infrastructure Commission sues and the initial eminent domain award: $11,865, the last settlement offer

The landowners appealed the initial eminent domain award to a jury that awarded: $1.1 Million in damagfes reflecting the land owner’s appraiser’s appraisal

Cleveland Scene | Jury Awards Lorain Family $1 Million in Damages in Ohio…

An economic development and private property rights tie?

During discussion of a Navarro County, TX resolution designed to protect private property rights, the Economic Development director asked this question:

  • whether an economic impact study on the communities to be affected by the railway?

The response: No, such an economic impact study had not been undertaken. 

A clarification: An economic impact study, which was released in October 2015, that showed every county touched by the project — rural and urban could receive significant, long-term tax…

Lege TREND. Conservation Easements In the Blue Columbine State. 2 Reasons Bills are bad for Property Rights

Colorado’s proposed HB-18 1122, 1123, and 1194 are said to be bad for private proeprty rights because the bills would:

  • change conservation easements from private decisions to a government process
  • takes the decision making away from the landowner and gives it to the legislature

Journal Advocate | Letter: Bills threaten landowners’ privacy

 
 

3 Points from Resolution 102-2018 of the Navarro County TX Commissioners Court Protecting Private Property Rights.

Resolution 102-2018 of the Navarro County Commissioners Court seeks to protect private property rights from a high speed rail project by:

  • not to closing, nor relocating, any roads for Texas Central Railroad
  • no railway company has the authority to close roads, and “TCR is not a railway company”
  • the county will “decline to close ANY road for route for any railway or non-railway company.”

Mass Transit| TX: Commissioners Deny TCR Access — No County Roads Will Close