November 2018 – Page 2 – InfoHive

Local TREND. Anatomy of a Blight Tax. AKA Community Redevelopment Tax Incentive ordinance

What city implemented a blight tax? Savannah Gerogia

What did they name their blight tax? Community Redevelopment Tax Incentive ordinance

How does it work? When a property is designated as blighte dby the city, the property tax increases 7 fold

What types of properties are impacted?

properties that are easily accessible
pose a safety risk
are a haven for criminal activity
BUT NOT, property that is boarded up, secured & have no property maintenance violations

What is the rate of…

Legal TREND. Litigating Texas Kelo Fix. 2 Potential Fixes Heading to a Legislature near you.

In KMS RETAIL ROWLETT v. the City of Rowlett, the Texas Supreme Court this fall heard arguments over whether a road easement in a commercial development project violated the Texas Legislture’s legislative repsonse to Kelo v. City of New London.

The trial court and appellate court agreed that the roadway easement falls into a transportation exception on the prohibtion against eminent domain for economic development purposes in Texas Government Code Sec. 2206.001

What legislative fixes could…

Refreshing our Recollection | READ THE BILL | Deny Government Funds for Specific Government Eminent Domain Use

The House passed a bipartisan HR 189 (115th Congress) that denies federal funds if a state or political subdivision uses eminent domain for economic development purposes.

Congessman Goodlatte | Goodlatte Applauds House Passage of Legislation to Limit the Abuse of Eminent Domain

Refreshing our Recollection | READ THE BILL | Cities Build Quickly with Expedited Eminent Domain Process

California Legislature passed AB 987 (2018 | CA) that streamlines building a new stadium for the Clippers & construction by the Oakland A’s by:

requiring litigation to be resolved within 270 days of the filing of the certified record of proceedings

NBC Sports | Pro Basketball Talk | State legislature helps Clippers take next step toward new home arena

San Francisco Chronicle | Legislature passes bill to help Oakland A’s streamline construction of a Howard Terminal stadium

Refreshing our Recollection | READ THE BILL | Compensation for Local Government Ordinances that Affect Property Value

Michigan Legislature is considering HB4070 (2017-2018 | MI) which addresses land owner compensation in 3 ways:

Attorney Fees and Costs when a court determines a taking occurred
State Attorney General creates a list of governmental actions that results in a taking occurring
Can apply to rules, permits, applications and other governmental actions

Mackinac Center | House Bill 4070, Revise government eminent domain takings: Passed 76 to 31 in the House on March 28, 2017

Refreshing our Recollection | Disclosure of Building Defect Settlements | READ THE BILL

California Legislature passed SB 1465 (2018 | CA) would require contractors:

to report settlements concerning construction defects within 90 days
if settlements were for more than $1 million
concerned multifamily residences
The Contractors State License Board would hold the records

Daily Californian | Bills to increase balcony safety pass California State Legislature

Refreshing our Recollection | READ THE BILL | Eminent Domain Compensation Bill in Texas

Ashby reiterates his support for his 2017 eminent domain compensation bill, HB 3687 (2017 | TX) that would:

strengthens bona fide offer
additional dislcosures of appraisal reports
additional detail disclosures for easements
hold harmless clause for the land owners
nongovernmental entities have to escrow or bond the trial court award for a landowner before appeal
an attorney fees trigger mechanism for nongovernmental entities
shifts property taxes to the condeming entity

Lufkin Daily…