Monthly Archives: April 2018

Eminent Domain TREND. Sunsetting eminent domain for private gain. +1 Bill Signed by a Governor.

South Carolina Governor signed S1101 (2018) that extends the ban on eminent domain for private or publicly traded pipeline companies.

The ban on eminent domain was set to expire and has been extended to November 30, 2020.

Berkeley Independent | Lawmakers continue work on electric power reform

Campaign TREND. Republican Governor Candidate in the Cherokee Rose State. Test for Eminent Domain

State: Georgia

The Republican Candidate for Governor: Hunter Hill, a former State Senator 

His proposed test for granting eminent domain authority to a private entity:   a net benefit to the taxpayers before eminent domain can be given to private entities

WABE | Meet Republican Gubernatorial Candidate Hunter Hill

Local TREND. 3 Reasons a City Chopped its Short Term Rental Ordinance.

The City: Cochella

The short term rental ordinance provisions that were chopped: inspections and a $60 licensing fee

The reasons for eliminating inspections and fees:

  • The economic impact for the Cochella festival
  • entrance barriers may stifle economic development and opportunities for city tourism revenue
  • Cochella retained the need for property owners to obtain a business license for $100

Desert Sun | Coachella cuts short-term rental inspections and license fee days before festival

Texas Attorney General Opinion. Private Property Rights.

Texas Attorney General Opinion Request: RQ-0219-KP

Requestor: Lyle Larson

Question the Attorney General Office is to answer:  Does Chapter 75, Title 4 ofthe Civil Practice and Remedies Code apply to private property owners on whose property agro-tourism related private aircraft lands?

Blight Trend. Is negotiation required first? Blight Statute. Development. Property Rights Supporters. The Wood Violet State.

State: Wisconsin

Development Project: FoxConn Manufacturing Plant

What’s happened to the property in the FoxConn path?

  • most property owners have not entered into negotiations
  • blight designations were prescribed by the Mount Pleasant Community Development Authority

4 Requirements  for Blight Designation in Wisconsin

  • property cannot be owner occuppied
  • property cannot be occuppied by the owner spouse
  • property cannot be occuppied by an individual related to the owner by blood, marriage, or…

Property Rights TREND. Property Rights in Taxi Licenses. Local Trend begets Legal Trend Begets Lege Trend.

Local Trend: Local Ride Share Ordinances

Legal Trend: In San Francisco, Financial Institutions are suing over the loan value of the city’s $250,000 taxi medallions which local ride share ordinances diminished the value of the medallions

Lege Trend: Leveling the playing field so that ride share and taxis are regulated equally

ABC 7 San Francisco | Credit union suing San Francisco over ‘worthless’ taxi medallions

+1 State . Lege TREND. Trespassing on Critical Infrastructure like Pipelines. 3 Points from the Bill.

Louisiana Legislature is considering HB 727 (2018) that will:

  • pipelines and the equipment and structures
  • penalize trespassers with up to 5 years in jail
  • creates a new crime of critical damage to critical infrastructure
    • with up to 15 years jail time
    • a convicted person can also be charged the cost of prosecution

The Advocate | Environmentalists see proposed Louisiana law to protect pipelines and penalize protesters as overreach

Legal Trend. Bluebonnet State Attorney General Intervenes in Local Short Term Rental lawsuit

Austin’s short term rental ordinance is being litigated. Texas Attorney General Paxton rational for getting involved in the lawsuit:

  • Austin’s ordinance is ” “a gift to the hotel industry or Austin residents who seek reduced home prices.”
  • He holds up Texans whose relatives housed troops during times of war to support a statewide histroy of short term rentals
  • “By taking away its citizens’ property right to lease their homes as they see fit, the city has violated their constitutional rights,

Tex…

Legal TREND. LNG Exports and Property Rights. 4 Key Points to Know Now for Legislation later.

What issue are legal property rights centers looking at?  is there a public good, for eminent domain purposes,  when the public that benefits from the exported good is Europe or China?

What does this have to do with eminent domain? Pipelines, such as those that feed a LNG Export Center, are often uilt with the use of the power of eminent domain.

To exercize eminent domain constitutionally there must be a public use/public purpose for the land

How are property rights legal exeperts looking to…

Idaho Private Property Rights Bill Backed by Texas Billionaires? 3 Reasons for this Theory.

Refreshing our recollection, Idaho is streamling its civil and criminal trespass laws.

A theory in Idaho is that behind the bill are the Wilks brothers because:

  • The brothers have bought 172,000 of Idaho forrest that was previously open and is now closed to hunters, fishermen, ATV riders
  • There’s video of a Wilkes security guard having a run-in with a recreationalist
  • interaction between Wilks’ lobbyists with the bills supporters 

A legisaltor told a Wilks family member that Idaho isn’t Texas,…