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Lege Trend. No Eminent Domain for Certain Developments.

State: Tennessee

The eminent domain prohibition:  no eminent domain for industrial parks. The Tennessee statute set forth examples of projects that constitute public use, the bill deleted industrial parks from the list.

The legislation: Tennessee’s Senate Bill 1184

The Standard Banner | New law prohibits eminent domain for industrial parks

Knoxville News Sentinel | Eminent domain reform protects farmers

Lege Trend: Does Eminent Domain for Private Entities Meet Constitutional Standards? This Red State Wants to Know.

State: Nebraska

The legislative study:  • Does granting eminent domain authority to for-profit entities meet the constitutional requirement of a public use?

The legislation: Nebraksa State Senator Justin Wayne LR243 (2017) 

York News Time | Resolution would stipulate hearings on eminent domain issues

Local Government Drops Eminent Domain. Works Deal. 3 takeaways from the Deal.

What local government wanted to use eminent domain? Garden City Utah wanted to take land from 11 property owners to create a public access point to a lake

The city agreed to drop eminent domain proceedings in exchange for? The subdivision agreed to create a public walkway to provide lake access

What 3 goals were accomplished with the deal?

  • home owners kept their privacy
  • town residents and visitors have added access to Bear Lake
  • the town’s population tourism numbers increase

KSL.com…

Private Property Rights. 3 Reasons Tree Cutting Ordinances Harm Property Rights.

Texas Public Policy Foundation lays out 3 reasons that local tree cutting ordinances harm private property rights:

  • private property rights include ownership of the natural resources (trees) contained with the land 
  • TPPF loops in Article I, Section 17 which says in rough terms, if the government takes property, the government pays
  • Trees are not a public resource, trees are a natural resource belinging to the property owner

 

The solution: “Texas Legislature should prohibit local…

6 Reasons the Right Thinks Idahos Short Term Rental Statute is the Best.

In 2017, Idaho passed short term rental law ( HB 216 ) that is being hailed by the right as model legislation because the regulations:

  • requires owners of short-term rentals to pay state sales and hotel taxes
  • taxes will be collected by “marketplaces” such as Airbnb
  • property owners to register with the state tax commission 45 days after their first lodging transaction
  • uses state authority to stop local bullies from singling out STRs for special mistreatment
  • local governments can regulate…

Eminent Domain in Texas By the Numbers.

  • About 50% of states allow landowner owners to recover attorney fees in successful eminent domain challenges
  • 85% of land owners accept the final offer
    • Texas Civil Justice Leage found that 50% of landowners would go to court if they could be awarded attorney fees on a successful result
    • Florida which permits attorney fees awards has not experienced any of the negative results
  • 77% of land owners who take their eminent domain case to court receive 20% or more than the final offer

Houston…

3 Points from Eminent Domain Pits Property Rights vs. Energy

Background for article: A land owner who was offered  less than $50,000 for mile-long swath of pasture and oak trees that abuts the family cemetery, and a commissioners court awarded more than $600,000.

How the article sets up land owners v. energy:

  • Landowners claim that not allowing a land owner who prevails to be awarded attorney fees “​provides incentives for utilities, pipeline companies and government entities to undervalue properties in eminent domain takings”
  • Energy industry argument…

4 Points. Bill Protects Private Property on San Marcos River.

SB 965 (2017) by Zaffirni would:

  • Counties along the river will be able to approve the creation of water and safety zones
  • The water & safety zones can impose fees of up to $4 per person
  • The fees would support services such as rental of recreation equipment, shuttle service or ingress or egress service
  • Due to limited law enforcement the water and safety zones would serve to protect land owners along the San Marcos River

House Sponsor: Cyrier

Texas State University Star | Senate passes…