Monthly Archives: May 2020

The state: North Carolina The legislation: HB 1174 (2020 | NC) What’s the goal? Allow businesses to be compensated when they are closed, partially or completely, by a governor’s executive order. How does the bill get there? Amend the state constitution to define a full or partial business shutdown by governor executive order as an inverse […]

The City: Denver The issues raised by the Auditor: Lack of detail in the eminent domain policy Lack of detail in its communication with the Controller’s Office about eminent transactions Auditors believe details would limit the city’s liability Need for a deadline to record an eminent domain acquisition (one was recorded 1 year from the acquisition which […]

Where: Missouri What project has sparked this ongoing push to prohibit eminent domain for transmission lines? The Grain Belt Line which will move renewable energy through several states, including Missouri What does the Missouri Farm Bureau want? That transmission companies negotiate with landowners for property/easements That the negotiations be for freely negotiated rates Align the […]

How many states universally accept out of state occupational licenses for new residents? 1 Which state? Arizona Are there limitations to Arizona acceptance? Yes. Must be licensed for 1 year No criminal convictions No disciplinary actions Supporters say: Removes obstacles for spouses relocating to Arizona Removes unnecessary burdens on businesses Strict licensing requirements is a […]

Which Certificates of Need are likely on the policy chopping block? Certificates of Need for Hospitals and health care centers Why? What are the policy reasons? Industry specific requirement that targets only healthcare Anti- Competitive to have to prove to a governmental entity that “your competitors don’t have enough capacity and there is an unmet […]

What did the appellate court say? Yes, Texas Central is a railroad thereby authorizing eminent domain authority Up next: Appeal to the Texas Supreme Court The Eagle | Opponents of Brazos Valley high-speed rail likely to appeal latest court ruling D Magazine | Texas Central High-Speed Rail Wins Four-Year Court Battle

Where: North Dakota What online property posting is being launched in North Dakota? Posting land for hunting access Who will operate the online dates for hunting lands? The state Game and Fish Department’s online licensing platform St. Louis Patch Dispatch | North Dakota launching online land posting app in 3 counties

Can local government commandeer property during an emergency in Texas? No. Not going to happen without changing some laws. What law needs to change? Government Code section 418.108 Can the Governor commandeer property during a disaster? Yes, Government Code subsection 418.017(c) specifically allows the Governor to commandeer property KP-0304 (2020)

Question 1: Can local emergency orders include blocking property owners from accessing their 2nd homes? Answer 1: No, unless a court determines that the local government is legitimately using its police power Question 2: Can local emergency orders limit the use of 2nd homes by property owners? Answer 2: No, and the Governor’s Executive Order […]

Where: Missouri What: SB 618 (2020 | MO) What type of bill is this 3rd attempt of 2020? a bill about how gas companies deal with a government-mandated infrastructure surcharge How was it added? In House committee and the House has approved the eminent domain prohibition previously this legislative session Energy News | Missouri eminent […]