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Private Property Rights. Home Sharing Regulations. 5 Keys to Effective Regulations.

A Wharton School of Business, President Trump’s Alma Matter, features an interview with Wharton’s Kevin Wherbach offering these tips and examples to foster nascent industry:

  • Look to the FCC and its treatment of Skype. Skype didn’t fit neatly in industry categoried and regulations. FCC VOIP regulations were written such that the door was left open and Skype flourished by working with regulators.
  • Don’t rush to impose traditional rules on ride share companies like Uber.
  • Anti-trust case against…

Just the Facts. SB 629. The Eminent Domain Package via Senator Schwertner.

SB 629

  • The author list: Schwertner | Buckingham | Burton | Campbell | Creighton | Hall | Hinojosa | Hughes | Rodríguez | Seliger | Perry
  • What it does: Eliminates the addition of interest when agricultural land is converted to a non-agricultural purpose
  • What’s the hook? Landowners should be able to choose without penalty (interest) how to use their land

Just the Facts. SB 628. The Eminent Domain Package via Senator Schwertner.

  • The author list: Schwertner | Birdwell | Burton | Campbell | Creighton | Hall | Huffines | Kolkhorst | Nichols | Zaffirini
  • What it does: 
    • ​eliminates acquiring property as progress for a project that qualifies for eminent domain and thus repurchase of the property if the project isn’t moving
    • requires a condeming entity to meet 3 of 5 , instead of 2 of 7, elements that define project progress
  • What’s the hook? The talk of eminent domain being used for projects but then never…

Just the Facts. SB 627. The Eminent Domain Package via Senator Schwertner.

SB 627

  • The author list: Schwertner | Birdwell | Burton | Creighton | Hall | Huffines | Kolkhorst | Nichols | Seliger | Zaffirini
  • What it does: Sets up rules for precondemnation access such as:
    • An owner can refuse entry
    • A condeming entity has to pay for damanges done during precondemnation access and inspection
    • If a condemning entity uses a permission form, the form has to meet 4 standards
  • What’s the hook?  Currently pre-condemantion access has very few rules

 

Land Use. TREND. Easements to preempt government action.

Legal experts at Stanford say which easement would offer property owners protections from fracking:a conservation easement which they’ve named a mineral estate conservation easement (MECE) 

What’s not needed for a conservation easement: government regulation

The property value impact of a MECE: the property value is diminished but offset by a tax write-off

Are MECEs permitted in Texas? Yes

Standford News | New analysis suggests ways for landowners to limit fracking and mineral extraction…

Just the Facts. SB 626. The Eminent Domain Package via Senator Schwertner.

SB 626

  • The author list: Schwertner | Birdwell | Burton | Creighton | Hall | Huffines | Huffman | Kolkhorst | Nichols | Seliger | Zaffirini
  • What it does: Requires a separate offer for any property “not reasonably necessary to complete the public use” 
  • What’s the hook? The land in this additional offer wouldn’t otherwise trigger eminent domain 

 

Tarheels work new eminent domain grant- to connect customers. 3 Points to Know + read the bill.

North Carolina Legislature is considering HB 10 which would extend the authority of eminent domain by allowing it to connect customers. The bill’s language:

“Connection of Customers. – For the public use, private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this section shall possess the power of eminent domain and may acquire by purchase, gift, or condemnation any property for the connection of any customer or customers.”

At the…

No eminent domain for private gain. Cornhuskers target Energy.

A bill to allow for private sale of electricity in Nebraska also includes a laundry list of eminent domain prohibitions for all electric generators and distributors.

Nebraksa’s LB 660 would prohibit eminent domain for:

  • generation
  •  transmission
  • distribution

If that isn’t enough, a stand alone bill calling for no eminent domain for the electric industry also exists in LB 547

Omaha World Herald | Nebraska lawmakers introduce bills that would end public power companies’ monopoly, use of…