This week TeenVogue published an OpEd about whether there was merit to property ownership. A Congressman retorted on twitter with “”Teen Vogue publishes oped that says we should abolish private property rights…along with those pesky police. Just wondering if anyone sees any issue with our next generation reading Marxist propaganda in popular teen magazines…?” The […]
Monthly Archives: August 2020
COVID. Can Counties in Texas extend eviction protections?
We’ve seen Legislatures throughout the country extend eviction protections in this COVID era. The Texas Legislature isn’t in session in 2020, so the Texas Attorney General was asked whether counties could extend eviction protections. The Attorney General’s answer: Nope. Not Going to Happen. Why? Well, there’s a previous COVID opinion that also narrowly limits local […]
BLM Government Responses. Statue Removal at Texas Universities.
BLM led to a question to the Texas Attorney General about whether Texas A&M had authority to remove a statue of Lawrence Sullivan Ross. So can A&M remove the Sull Ross statue? If they get permission… Meaning, it’s complicated. Why does A&M need permission to remove the statue? Because Section 2166.5011 of the Government Code […]
COVID Legislation. Eviction Rules Changing.
Here’s what state legislatures are considering to address COVID related eviction concerns: Michigan HB 5962 (2020 | MI) prohibits rent related evictions during a declared emergency & for 60 days there after does not apply to criminal actions does not apply to lease violations for health and safety Massachusetts HB 4878 (2020 | MA) prohibits […]
TX Legal TREND. Property Value can include Property Owner Testimony
What door opened for property owners in the 1st Court of Appeals opinion in Hlavinka et al. v. HSC Pipeline Partnership, LLC property owners can attest to the highest and best use of their property including evidence of value from other, privately negotiated pipelines on the property Drovers & Bluebonnet News | Editorial: Victory in […]
TX Legal. 1st Court of Appeal Win for Landowners.
The eminent domain use at issue in the litigation: pipeline What issues were percolating for the 1st court of appeals? is a single customer on the receiving end of a pipeline enough to get common carrier status? The pipeline failed the Texas Supreme Court’s Texas Rice test for common carrier status The legislative issue that […]
Legislative TREND. No HOA restrictions on rentals.
The Legislature: California The legislation: AB 3182 (2020 | CA) What limits would AB 3182 place on HOAs: eliminates current grandfathering prohibits HOAs from limiting rentals short term rentals are an exception and can be banned permits a 25% cap on the total number of rentals What does the bill’s author say? “We must marshal […]
Legislative Concern: Expanding Eminent Domain by Regulatory Action
Where: Iowa What’s happening in Iowa? If a renewable energy project is approved by the Iowa Utilities Board, eminent domain is bestowed upon the project What has legislators’ attention? That private property can be converted to public use for renewable energy Why is this a concern that the Utilities Board can grant eminent domain authority? […]