5 Points. Cattle Raisers. Leveling Eminent Domain Playing Field.

The president of the Texas and Southwestern Cattle Raisers Association says the following is necessary to level the playing field for eminent domain:

  • There will be a decrease in eminent domain litigation
  • A better initial offer makes it less likely that eminent domain will result in a lawsuit
  • private property rights are of paramount importance
  • property owners are at  “a huge disadvantage” in eminent domain actions
  • To get a better initial offer, they suport adding more “details up-front for…

Land Use Trend. Rural Land Sharing. Farm Sharing. Camp Sharing. The Regulation.

Farmers in Australia are experiemnting with a new version of Airbnb for rural landowners– farm sharing.

The business entity: Youcamp

The sharing economy: Rural land owners offering temporary camping

How is camp-sharing being regulated? By local governmental councils. There are no statewide public camping regulations as of yet.

ABC Rural | Landholders open up farms to sharing economy as campers look for new experiences

Property Rights. HOA. Mailbox Mandates Lose in Court.

The location: Prince George’s County, MD

The HOA requirement: identical $500 monogrammed mailboxes in a community of $1 million homes

The court found: the mailbox rule was a no-no and a slipper slope (against property rights)

The legal fees home owners to win: $33,000 and 7 years

Are mailbox mandates the new political signs, flag poles et.al?

Washington Post | In a community of million-dollar homes, a fight over a $500 mailbox ends in court

Property Rights. Asset Forfeiture. Transparency. 2 Legislative Goals.

Goals of asset forfeiture transparency laws:

  • lay out how forfeiture is being used
  • hold law enforcement accountable

Institute for Justice criteria for reviewing asset forfeiture transparency laws:

  • Tracking Seized Property
  • Accounting for Forfeiture Fund Spending
  • Aggregate Forfeiture Reports
  • Accessibility of Forfeiture Records
  • Penalties for Failure to File a Report
  • Financial Audits of Forfeiture Accounts

Institute of Justice | State and Federal Governments Must Improve Forfeiture…

Hoosiers Raise Stakes for Eminent Domain by Railroads. Read the Bill. Plan your Offense. Plan your Defense.

The state: Indiana

The new eminent domain threshold proposed for railroads: Require railroads in Indiana to meet the same public use standard of local governmental entities as opposed to public use being met because land is condemned by a railroad.

Indiana House Bill 1260 (2017)

Nothwest Indiana | Lawmakers eye higher standards for railroad use of eminent domain

 

Private Property Rights. Model. Midwest. Home Share. Tax Deal.

The State: Kansas

The tax deal between Kansas and AirBnB: Airbnb will automatically collect & remit the same state & local taxes as a hotel/motel

Will fees to property owners increase? No.

How many statewide deals has Airbnb entered into? 15

  • Alabama
  • Arizona
  • Connecticut
  • Florida
  •  Illinois
  • Kansas
  • Louisiana
  • North Carolina
  •  Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Utah
  • Vermont
  • Washington

Airbnb agreements with large cities:

  • San Francisco
  • Portland,…

Conservatives v. Conservatives. How an Eminent Domain Report Set the Stage for Cannibalism.

In December, informed:intel subscribers will recall a Texas Conservative Coalition report supporting existing eminent domain statutes & high speed rail from Houston to Dallas. 

The New Year brings, new conservative voices making 3 arguments against the report via Texas Tribune :

  • They should have been told. They’re members of your group. You hid this. 
  • The use of eminent domain by a private business (a haute conservative mantra)
  • Your document is unsigned and yet you imply that your…

Texas ISD Apologizes for Eminent Domain Threat. 3 Pieces of Intel you need to Know.

The ISD: Dallas ISD

The eminent domain threat:  In Novmeber 8 businesses received letters from DISD chief operations officer with the subject line: eminent domain. The letter explained that the district is in the early stages of building a new school and may acquire their properties.

The apology: A trustee and the DISD COO both apologized to the businesses and local community in person at a public forum. 

Dallas Morning News | Dallas ISD backs away from possible school site,…