Monthly Archives: August 2018

Campaign TREND. Ballot Proposition on Eminent Domain.

Colorado Secretary of State this week certified Amendment 74 that will:

  • ensure fair compensation
  • responds to punitive government action
  • protects all private property owners, including homeowners, businesses, farmers and ranchers, urbanites and suburbanites
  • will prohibit state or local governments taking their property by reducing its value without compensation

Valley Courier | Property rights initiative certified for November ballot. 

TX Attorney General Request. Annexation. Fine Owners who vote no?

Requestor: Senator Donna Campbell

Question for the Atrorney General to Answer:  

  1. Whether it is permissible for a city to impose fees and fines on an unincorporated area within the city’s extra-territorial jurisdiction within five miles of a military base as part of the regulations suggested by a Joint Land Use Study?

  2. Whether San Antonio’s proposed annexation ballot language articulated below meets the standard of definiteness and certainty set forth by the Texas Supreme Court in Reyn…

8 Property Rights Points from Rural Land Owners. Pipelines from Permian Basin to the Texas Gulf.

A lawyer representing rural landowners writes:

  • Private for-profit companies are given the government’s power to take private property under assumptions that this is good, common good
  • Are we rubber stamping common good projects for public use/benefit?
  • Why are we taking land before the process is approved by the courts?
  • We need to look at the costs and benefits of eminent domain
  • What happens to old pipelines and how does this get factored into the costs and benefits?
  • Landowners are in an…

Eminent Domain Compensation. How Does a Private taking By a Pipeline Differ from Wind or Solar Energy?

A taking of private land by a private company for a pipeline results in no compensation from royalties, unlike a taking of property for solar or wind energy

CWB Radio | Clark County Board of Supervisors Approves Resolution Asking Wisconsin to Review Eminent Domain Laws

Property Rights. Beach Access. Repercussions in Florida.

In response to changes in beach access in Walton County Florida, a letter to the editor by G. Brint Ryan offers:

  • “allow public beachgoers to trespass on real estate”
  • “The county’s claims that they can simply identify a beach and deem it suitable for public use without fair compensation for the actual property owners are two-faced and un-American.”
  • “County officials are double dipping on the use of beachfront property at the expense of the people who have invested in their county”

Raises 4…

Local TREND. County Resolution Calling for Statewide Eminent Domain Reform. Pipeline Edition

Where: Clark Co. Wisconsin

The resolution is in respopnse to: Enbridge Energy Company’s desire to increase oil capacity traveling through their pipeline system

The rational for changing eminent doamin laws for private companies:

  • A taking of private land by a private company because property owners  receive no royalties, unlike for solar or wind energy
  • Taking property for pipelines greatly reduces property values and tax base

CWB Radio | Clark County Board of Supervisors Approves Resolution…

Local TREND. Stop Eminent Domain by Changing Property Designation.

Omaha is changing the designation of property to landmark status in an effort to slow or prevent eminent domain proceedings.

How does this designation change the eminent domain process?

  • The Omaha Landmarks Heritage Preservation Commission gives the designation
  • This designation then kicks the property to require approval from the Planning Commission and City Council before action can taken against the property.

WOWT | Landmark status recommended for historic building at the center of eminent…

TX Attorney General Opinion. Can an Eco Devo Corp get their property back? Or Does Sovereign Immunity Win?

What’s happening in Attorney General Opinion KP-210?

 

  • Marshall Economic Development Corporation conveyed property to Texas State Technical College
  • TSTC had to use the property for educational purposes under the terms
  • If TSTC fails, then the property goes back to Marshall Economic Development Corporation

The answer: this is not about soveriegn immunity. It’s about how the land was conveyed and that conveyence required certain conditions, that’s what prevails. So, yes the proeprty can…

Local TREND. 3 Ways The Right Fights Cities & Supports Short Term Rentals.

Where:​ Florida

What’s special about FL cities’ short term rental ordinances?  local fines on unlicensed short term rentals are some of the highest in the nation.

How bad has it gotten? Miami Beach paid for a floating billboard accusing short term rental platforms of being cozy with state law makers Miami Herald

What have conservatives done to actively support short term rental platforms?

  • Lawsuits. Bring causes of actions against cities
  • Legislation to preempt local ordinances
  • Model…