Monthly Archives: March 2019

Lege TREND. Taxes on Land Taken by Eminent Domain.

Is providing tax relief when land is taken by eminent domain unusual?

No, the IRS provides for it as well allowing for any gains to be rolled into similar investments without incurring an immediate tax on the gains.

Business Advocate | Virginia exempts gain from eminent domain condemenation from its income tax

Refreshing Recollection:

The Bill: Virginia’s SB 1256 (VA | 2019)

  • Would provide a tax break for any gains on a…

Local private property rights TREND. Ordinance on Wind Turbines. 3 Key Points.

Monitor Township, Michigan wind tubrine ordinance sets new zoing for windturbines, including:

  • setbacks to 2,000 feet (old setbacks were 750 feet)
  •  zero shadow flicker on peoples’ property
  • cash bond to cover the cost of proper removal of the turbines
  • lower sound level thresholds

Curiosity: How big is Monitor Township? 10,500

Michigan Live | Wind farms restricted under new Monitor Township zoning ordinance

Local TREND. Use Eminent Domain to Keep a Valued Asset in your City. Eminent Domain & the Horse Track.

Baltimore looks to condemn the Preakness Stakes to keep it from moving.

What does Baltimore say? State law also allows condemnation of the Preakness’ intellectual property, so include that too

Sound weird? Once upon a time Oakland thought of the idea ot keep the Raiders there. 

The Volokh Conspiracy | Baltimore Tries to Use Eminent Domain to Condemn the Preakness Stakes Horse Race

Wall Street Journal | Will Baltimore Make Off With the Races? 

Lege TREND. Transmission Line Limitations. More State legislation. Talk to Each other more.

Kansas HB 2317 (2019 |KS) would require transmission companies to provide greater notice to property owners concerning:

  • equipment installation
  • requiring public engagement when large metal towns are installed

The new open communication legislative requirements between transmission companies and neighborhoods is only triggered in:

  • property within corporate limits of a city
  • if the city limits are at least 1⁄4 mile in length
  • and the lines are designed for the transfer of 69 kilovolts or more…

Property RIGHTs TREND. New Kid in Short Term Rental Legislation Kerfuffle

Who: Texans for Property and Rental Rights

Who are Texans for Property and Rental Rights? coalition of property rental businesses, travel sites and business trade organizations

What do they want? Statewide short term rental law to prohibit banning & ” overregulating” short term rentals 

Texas Public Radio | New Group Enters Short-Term Rental Debate; San Antonio Law May Be Overwritten

HB 3778 (2019 | TX) 

SB 1888 (2019 | TX) 

3 Reason Eminent Domain Works for the Takers of Texas Land.

The Texas Farm Bureau President states his case by riasing these 3 points:

  • Private Entities. 1271 non-governmental entities have eminent domain authority
  • Transparency. those 1271 do not have the same transparency rules of local governments
  • Unfairness. No fairness when landowners are forced to sell. More good faith. More just compensation.

Houston Chronicle | Opinion | Eminent domain works in Texas — for the takers [Opinion]