New Research: Eminent Domain Does Not Increase Construction Costs

WHO: Economist Leah Brooks and law professor Zachary Liscow WHAT: Looking at the cost of construction from 1960 to 1980 find land costs are minimal HOW does this impact eminent domain reform? eminent domain reform does not increase construction costs, even when accounting for inflation the proportion of construction costs that relate to land acquisition has […]

Different Property Appraisals. Companies with Eminent Domain Powers.

Where: Oklahoma What’s happening? Oklahoma separately values the property owned by companies that have eminent domain authority How does it work? impacts “public service” companies (companies that have the privilege of using eminent domain) property assessments are conducted annually by the Oklahoma’s State Board of Equalization  there’s an opportunity for companies to protest, all the way […]

Legal TREND. State law determines compensation in eminent domain in federal court.

Where: Pennsylvania Why does state law determine compensation in a federal eminent domain? Natural Gas Act according to the 3rd Circuit What compensation does this open? consequential damages Reuters | 3rd Circuit adds consequential damages to Kinder Morgan’s tab for pipeline expansion

Pre-condemnation Access and Tree Removal. Compensable?

Where: Parker County, TX What is happening? landowners in the path of a pipeline are receiving no notice of entry onto land and are removing trees How does this differ from other examples? Some landowners say they had existing contracts with the pipeline company that required notice and the preservation of certain trees Beyond compensation […]

TREND. Local Government declares property nuisance. Is it a taking? Texas Edition.

Where: Dallas What: a carwash on Martin Luther King Jr. Boulevard in South Dallas What action did the city take? city’s zoning board of adjustment determined the property was a nuisance which caused the business to cease operations Why does this matter: 2019 eminent domain bill concerned compensation and if this local government action is […]

Lege TREND. Anatomy of a Billboard bill with preemption

Where: North Carolina What’s the bill look like? HB 645 (2019 |NC) How will HB 645 change property laws related to billboards? allow more billboards allow existing billboards to be moved up to 250 feet allow more digital billboards allow for tree trimming for the preservation of billboard sightline if eminent domain is used to […]

Blight + no Transportation Project =No Eminent Domain

Where is this happening? north St. Louis County Missouri What is happening? A blighted building cannot be sized by eminent domain Why can’t eminent domain be used? the county issues the blight citations the property is technically in a municipality eminent domain is limited in the scenario to only transportation projects KMOV 4 | North […]

Local TREND. Enforcement against “illegal” short term rentals

Where: Austin, TX How did the city determine illegal short term rentals? City hired a contractor What did the contractor find? 75% of Austin’s short term rentals were illegal New Kid on the Block: short-term rental monitoring company Host Compliance Statesman | Study Finds 75% of Austin short-term rentals are illegal

Local TREND. Short Term Rental Taxes with County Tax Assessor Action

Where: Colorado Springs CO Who is initiating the tax change? County Assessor Steve Schleiker  How would a local tax assessor do this? Reclassifying the property as commercial from residential with a potential assist by the Legislature The Gazette | Colorado Springs short-term property owners could see massive tax bill increase