Property Rights TREND. TX Attorney General Opinion. Civil Asset Forfeiture Funds. 3 Facts. No Fluff. Be informed.

In KP-0200 (2018 | TX) the Texas Attorney General answered this question:

whether an attorney representing the State may use civil asset forfeiture funds accrued under article 59.06(c)(l) of the Texas Code of Criminal Procedure to insure real property forfeited to the State

Can civil asset forfeiture funds be used for insurance for the forfeited property? Probably yes

Why is this use of forfeiture funds permitted when it isn’t on the statutory list of uses? 

  • TEX. CODE CRIM. PROC. art.…

Local Bond Measure Fails = No Eminent Domain. 3 Results for Local Businesses

Where is this happening? Wichita Falls, Texas

What bond measure failed with 75% voting against it? A proposed municipal center

What happened as a result of the failed bond measure?

  • The businesses located at the proposed municipal center site were not taken via eminent domain 
  • The businesses have noticed an increase in business
  • “”It brought back a local interest from people that kind of thought well they’re gone,” Ward said.

News Channel 6 Now | Bond-election reawakens interest in downtown…

Legal TREND. Property Rights to Food Vendor Trucks. 5 city tour of food truck ordinances/

5 Cities where the Institute for Justice is/has been legally fighting food truck ordinances in:

  • San Antonio
  • El Paso
  • Louisville
  • Baltimore
  • Chicago
  • Gibraltar Wisconsin

The argument supporters of food truck rights are using: fighting economic protectionism

IJ.com | Fish Creek Food Truck owners Threatened with Fines Fight Back

Local TREND. Eminent Domain for an Animal Shelter

Sevier County, Tennessee, is considering eminent domain to take possession of a county animal shelter that is without an operating contractor.

Where did the idea of eminent domain for an animal shelter come from? the Sevier County Budget Committee

How was eminent domain received by the commissioners? “I am always very reluctant to use the power of condemnation unless absolutely necessary. Therefore, I continue to believe the best solution for our citizens and the animal welfare is for the…

Local TREND. Property Rights. Noise and Light Ordinances. Wind Turbines. 6 Requirements.

An editorial in DeKalb County Illinois is calling for local restrictions on a new wind farm that would address:

  • light pollution
  • minimize the disruption of blinking red lights
  • minimal or eliminated shadow flicker from the blades blocking sunlight
  • consistent setback requirements

What should be required of the wind energy companies:

  • pay the cost to improve roads
  • guarantee property values

Who should be protected by the ordinance(s) according to the DeKalb editorial:

  • land owners 
  • rural…

Campaign TREND. Regulatory TREND. High Speed Rail + Amtrak = Eminent Domain?

Background: 

  • 2016 Surface Transportation Board did not authorize eminent domain for Texas Central Rail proposed high speed rail between Dallas and Houston
  • A 2018 partnership with Amtrak triggered a request for reconsideration of the 2016 eminent domain issue

Campaign TREND.

  • HD 8 primary run-off candidate Cody Harris says the following about eminent domain use and high speed rail:
    • “dishonest and deceitful scheme by Texas Central”
    • “attack on rural property rights”
    • ” transparent assault on…

Legal TREND. City + Private Entity + Agreement = Unlawful Eminent Domain in the Mistletoe State

Where: Muskogee Oklahoma

What propety was taken for what type of project? To expand the parking lot of a VA Call Center, the City took a residential property

What did the residential landowners tell the court? that the taking was to “serve a private purpose deprived them of a property interest without due process in violation of state and federal constitutions”

What did the city say was the reason for the parking lot? Safety and transportation 

The appellate court: An agreement between the…

City Council Protects Farm Land from Eminent Domain by Designation. What you Need to Know:

Where: Farmington, Utah

How did the city council in Farmington Utah protect a 6th generation farm? By designating the farm an Agricultural Protection Area

What protections does an Agricultural Protection Area offer? 

  • Protection from zoning changes for 20 years
  • fortifies protections against eminent domain, but doesn’t 100% insulate the famr from eminent domain
  • safeguards the property against nuisance lawsuits related to farm noises and smells

can the designation be renewed?  Yes. 

Why is…