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Lege TREND. Attorney Fees. Sooner State Bill Sets New Threshold for Attorney Fees.

Oklahoma’s House Bill 2194 ups the ante on attorney fees and just compensation. The facts:

  • HB 2194 allows for an award of attorney fees if the jury award is higher than than the special commissioners.
    • Yes, you read that right, any amount higher than the special commissioners and attorney fees and costs are retreivable by the property owner.
  • HB 2194 also requires actual sales prices & actual awards to be used in just compensation calculation. 

2017. SB 742. Kolkhorst. Just the Facts.

SB 742 by Kolhorst.  Relating to requirements for a bona fide offer for the acquisition of property by an entity with eminent domain authority.

  • Requires easements to include more details on right of way, usage, size scope
  • Allows for damages related to the easement
  • Establishes 5 covenants:
    • securing the property owner’s land (locking gates etc)
    • maintaining the right of way
    • repair and restore land to the original condition or better than original condition
    • the owner shall be…

2017. Just the Facts. SB 741.

SB 741 by Kolkhorst. Relating to compensation to a property owner for property acquired by an entity with eminent domain authority.

  • Adds royalties and profit sharing to what maybe considered compensation to a property owner
  • Allows negotiations concerning compensation to be admitted into evidence during eminent domain proceedings.

2017. Just the Facts. Kolkhorst. SB 740.

SB 740 Relating to the acquisition of property by an entity with eminent domain authority.

  • Requires disclosure of new appraisals within 10 days or 3 days before a special commissioners hearing
  • Allows a property owner to be awarded attorney fees if the amount awarded is 20% higher than the final offer
  • Defines a list of new requirements for the bona fide good faith offer such as:
    • easement details
    • right to damages from construction
  • Requiring that a condeming entity pay an award before an…

Private Property Rights. Home Sharing. City Rewrites Home Sharing Ordinance. The Details are in the Data.

The City: Chicago

The proposed revisions to home sharing ordinances will:

  • Require homeowners to retain the names of guests but only require disclosure with a warrant or subpoena
  • 4% surcharge on each rental
    • Revenue estimated is $2 million/year
    • revenue will be earmarked for homeless
  • Allows areas of the city that are zoned as single-family homes the ability to pass petitions to restrict the home rentals

Chicago Tribune | Mayor Emanuel wants changes to home-sharing rules

Property Rights Group Applauds SB 740 SB 741 and SB 742. Just the Facts.

3 Reasons why Texans for Property Rights support Senator Kolkhorst’s eminent domain bills:

  • Expand upon progress made in landmark 2011 eminent domain legislation
  • Senator Kokhorst worked with the group and says the bills “…give[s] all landowners the new tools and safeguards they need to protect their land from eminent domain abuse”
  • The Cattle Raisers say “Property owners continue to be at a huge disadvantage when navigating the condemnation process and these proposed reforms are a great step…

Peach State. Allow Repurchase Faster. 4 Key Points.

How long does a person have to wait to purchase property taken by eminent domain in Georgia? The proeprty  must have been put to public use for 20 years

What repurchase proposal is being considered? Immediate purchase of property tken by eminent domain for blight

What group will be most impacted by this change? minority communities

What alternative city action could mitigate this state law change?  Stronger locla code enforcement

FOX 28 | Eminent domain amendment proposal to tackle…

Legal Trend. Company Withdraws Lawsuits to Continue Negotiations. 4 Key Points in Legal Strategy.

The Company: Texas Central Rail

The lawsuits: 12+ lawsuits concerning eminent domain, and specifically pre-condemnation access to the privately held land

The strategic advantage of withdrawing the laawsuits: amicable negotiations

The trend being emulated: Private companies promoting negotiations without eminent domain

Dallas Morning News | Bullet Train Developer Drops Lawsuits against Landowners (References the Schwertner bills, SB 626-629)

Construction Dive | TX bullet train developer…

Eminent Domain Debate 2017. Hollywood with an Assist on the Big Screen

Making the film festival circuit this spring- the Suzette Kelo story starring Oscar nominee Catherine Keener.

The all American elements of the plot:

  • Lady owns a little pink house
  • Big Pharma wants to expand
  • Eminent Domain is used to take the pink house
  • Lady fights her way to the Supreme Court & loses but changes eminent domain laws throughout the country.

A film about outsiders fighting the system… Raging against the machine.

Hollywood Reporter | ‘Little Pink House’: Film Review | Santa…