The recommended bill draft language for municipal management districts expressly includes a provision for no eminent domain power for municipal management districts.
See page 41 House Committee on Special Purpose Districts Interim Committee Report
Monthly Archives: January 2019
Lege TREND. Quick Takes. Eminent Domain Just Compensation ACT.
Justin Amash (R-MI) filed the Eminent Domain Just Compensation ACT to prevent federal taking of land before final fair market value has been finalized.
So what would this impact?
- potentially the amount of compensation for fair value determinations
- when the land can be taken by the government
- currently the land can be taken before a final determination of compensation
- this bill requires a final determinationof compensation before the government can take possession (and presumably use) of…
Legal TREND. Reality Check. Eminent Domain and the Border.
The 5th Amendment to the US Constitution trumps any emergency declaration.
For the math nerds: Private Property Protection > Emergency Declrations.
“Similarly, lawyers should be screaming, “The United States government does not have the capability of taking private lands on this scale because of limitations imposed by the Fifth Amendment.”’
Above the Law | Can All Lawyers Just Admit The Wall Will Never Be Built Because Of The Fifth Amendment?
Local TREND. Cities Fighting Blight with Demolition. Here's how:
Cleveland and Detroit have adopted aggressive demolition policies.
How do the aggressive demolition policies work?
- Funded by federal government’s Hardest Hit Fund
- Funds demolition of vacant homes to convert to green spaces & community gardens
LOCAL Trend. 4 years. 75% reduction in vacant buildings. 3 Steps.
In under 4 years, St. Petersburg Florida reduced the number of vacant homes by 75%.
How did St. Petersburg achieve this?
- Used courts to foreclose properties for unpaid taxes
- Targets proeprties owned by absentee landlords
- Then the city sells the property to:
- nonprofit affordable housing developers for $4,000 or
- sells the foreclosed properties at auction
Anatomy of a new Short Term Rental Tax.
Massachusetts Governor Baker signed a 1st in the nation, short term rental regulation & tax, that will:
- create & fund a regional wastewater program for the Cape and Islands
- estimed to generate $34.5 million annually in state revenue and $25.5 million in local funding through taxes
- Policy goals:
- levels the playing field with hotel/motels
- preserves local control
- protects consumers
- offers a source of revenue from our visitors to finance a very pressing wastewater needs
Private Property Rights. Coastal Barrier Protection, Rep. Elect Mayes Middleton.
The private property rights issues related to the Coastal Barrier System:
- Mayes Middleton opposes the displacement of any homes or businesses on Galveston and Bolivar Peninsula
- the original intent of the project should be respected (which does not involve displacing businesses or homes) by returnign to the dune-line protection plan
Houston Chronicle | State Rep.-elect Mayes Middleton eager to prove his conservative bona fides
Eminent Domain. Church Land. Texas Court Case. Pre-condemnation Access.
The land at issue: On the border with Mexico is owned by the Catholic Church
Where are we in the process? The Bishop denied access to the land for surveying.
The court case: federal district court in McAllen. The church is currently receiving legal assistance from Georgetown University Law School.
The issue: Does the church’s religious convictions trump any taking for a public purpose.
KVEO | Major Law School Helps Church Caufht in Border Wall’s Path
Lege Trend. Private Property Rights in Data.
Wyoming legislature passed bills that created criminal penalties for taking data by trespass (SF0012 | WY | 2015) & civil penalties (SF0080 | WY | 2015).