Author Archives: admin

Lege TREND. Constitutional Amendment Reigning in Eminent Domain + Adding Natural Gas + Utility Connections

North Carolina House Bill 3 (NC | 2019)  does 3 things:

  • removes public benefit from the Constitution and requires public use for eminent domain
  • clarifies that natural gas distribution facilities have eminent domain authority
  • clarifies that connecting customers to utilities is a pulic use

 

2 Ways Bill Strengthens Property Rights. Actual Progress Higher Standards.

HB 1253 and SB 554 (TX | 2019)  will:

  • Requires a condemning entity to fulfill 3 of 5 actions to avoid repurchase by the landowner
    • Current standard is 2 of 7
  • Eliminating purchase of adjacent property as indicative of actual progress

Navasota Examiner | Leman files bill to enhance private landowner rights 

Lege Trend. 2 Limits on Pre-condemnation Access in Texas

HB 1242 (TX | 2019) prohibits pre-condemnation access for high speed rail unless TXDOT determines that the entity seeking access is a railroad.

HB 1245 (TX | 2019) will grant:

  • landowners the ability to refuse pre-condemnation access
  • allow recoup of damages during surveying
  • landowners can negotiate terms of surveying

Lufkin Daily News | ASHBY: Legislative work begins in earnest

Lege TREND. Anatomy of a Statewide Short Term Rental Bill.

State: Massachusetts

The bill: H4841 (MA | 2018)

What does this statewide short term rental bill do?

  • register with the state
  • minimum of $1 million in insurance
  • 5% tax to the state
  • Cities can impose an additional 6% tax
  • Creates state affordable housing fund
    • funded by 3%  tax on property owners with 2+ short-term rentals in the same city
  •  Exempts properties rented for fewer than 14 days/year

Governing | As Airbnb Battles Cities Trying to Regulate It, One State Joins the Fight 

Lege Trend. 1 bill. Land Owner Compensation + Precondementation Access Limitations.

Virginia’s SB 1421 (VA | 2019) will:

  • Compensation. Require consideration of “everything a buyer and seller in the marketplace would reasonably consider, but may not consider any increase or decrease in the fair market value of the property caused by the public use for which the property is being acquired, or by the likelihood that the property would be acquired for such public use, other than that due to physical deterioration within the reasonable control of the owner.”
  • Permission to Enter…

3 Points to Know. Eminent Domain v. Freedom of Religion

What is the Catholic Church on the Texas border, which will have a chapel in the border wall enforcement zone, saying about the use of eminent domains in its legal briefs?

  • Tantamount to requiring the church to participate in the building of a wall
  • the wall  is fundamentally inconsistent with Catholic ideology
  • Places an unjust burden on the freedom of religion

The Georgetown Voice | Georgetown Law Backs Catholic Diocese In Border Wall Proceedings

 

Lege Trend. Texas Eminent Domain Bills. 5 Points from the Authors

Senate Bill 421 (TX | 2019) and House Bill 991 (TX | 2019) authored by Senator Kolkhorst and Representative Burns would, according to the authors:

  • penalize companies for intentionally low-balling landowners during negotiation
  • put landowners “on an even footing,
  •  more transparent, fair and accountable eminent domain process.”
  • costs won’t climb because eminent domain cases will become less heated, so companies will be able to acquire land more quickly and spend less on legal fees.
  • the…