Monthly Archives: October 2018

Legal TREND. 2nd Texas case. I-35 expansion. Jury Award = 8 times TXDOT compensation.

What land was taken? a 9,500-square-foot parcel that for 30 years operated as a salvage parcel

What compensation was given by the state? $65,000 and a new entry 110 feet away and shared by other retailers

What did the jury say?

  • the shared new drive created safety concerns and was not adequate compensation
  • the land ownrs are woed $500,000+

State of Texas v. Skyway Holdings LLC, No. 0015-04-083

Marrs Ellis & Hodge | Owners of Texas Business Win $500,000 Jury Verdict in Eminent Domain Dispute

Lege TREND. Short Term Rentals. Events at Short Term Rentals = 2Unintended consequnce

Arizona passed a state short term rental law that requires cities to allow short term rentals. 2 unintended consequences:

  • Special Use Permitting by Cities for Events Some cities, like Mesa, are considering moving short term rentals that are used for events to a special use permit for events. Current ordinance does not allow residential properties to be permitted for special events.
  • Alcohol restrictions in special use permits, but not short term rental laws. If a special use permit is issued…

Kelo Fix loophole. Cities Using Eminent Domain to Boost Revenues? WHERE. WHAT. HOW.

WHERE: Illinois

WHAT: Condemning swaths of property as “blighted” to redevelop the property as higher tax revenue. 

HOW is this happening when Illinois also prohibited eminent domain for economic development purposes? The blight designation in Illinois allows other neighboring, non-blighted properties to also be taken.

KPVI | Some Illinois cities eye eminent domain to boost revenue

Legal TREND. Border Wall. Taking Land from the Diocese.

What? On October 25, 2018 teh federal government notified the Diocese of the taking of 2 properties

Which properties are impacted? La Lomita Chapel & property south of the Juan Diego Academy in Mission

the public purpose?

  • conduct surveying
  • testing
  • investigatory work for proposed construction of roads, fencing, vehicle barriers, security lighting, cameras, sensors and related structures to secure the border

compensation to the Diocese?  initial estimate for reimbursement at $100

What’s the…

Legal TREND. The US Supreme Court & Pipelines

The US Supreme Court may consider the Mountain Valley case.

What’s Mountian Valley about? Landowners are claiming the natural gas pipelines used eminent domain unconstitutionally because land is taken in states in which there is no benefit realized.

How did the landowners fare at the 4th Court of Appeals? landowners lost but because the court’s didn’t have jurisdiction not on the constititional issue.

 Washington Post | Landowners ask Supreme Court to hear Mountain Valley case

Eminent Domain = Crony Capitalism Economic Development. 3 examples

 

  • increased economic activity from eminent domain projects are not always realized
    • for example, the land taken in Kelo v. New London remains vacant
  • In Wisconsin eminent domain is being used for a FoxConn economic development project
    • After the use of eminent domain, the same taxpayers will subsize FoxConn salaries 17 cents on the dollar
  • the border wall showcases that not all landwoners are receiving adequate compensation amind allegations tha tonly wealthy landwoners are being…

CAMPAIGN TREND. Property Rights Proposition with Broad Repercussions.

Colorado voters in Novmebr 2018 will vote on an Amendment  which concerns private property rights of whether drilling can occur near neighborhoods has broad implications:

  • Colorado’s  top  oil  and gas drillers  are  subsidiaries  of  Texas companies
    • The companies have contibruted millions opposing the campaign
  • Oil and gas service companies will be impacted, many of which are home to other states
  • Investors impacted: financial services & private equity groups 

Red River Radio | Colorado…

Lege TREND + Legal TREND. Gov. Sues Attorney General over AG Opinion on Conservation Easements.

Where: Montana

What did this Attorney General Opinion say that prompted  a lawsuit by the Governor?

  • state land board is required to vote on all but the smallest conservation easements that state agencies proposed

Why is this a big deal?

  • Impacts a state program supporting Hunting & Fishing
  • Impacts private property rights by limiting use of ranch land

Missoula Current | Bullock sues AG Fox over approval authority for conservation easements