- Folks representing high speed rail are entering land without permission
- Strong arm tactics by folks representing high speed rail
- The use of eminent domain by private companies like Texas Central Rail
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TREND. New Tool for Local Governments? County Building Permits to Stop Eminent Domain.
Which County wants to require county permits before construction on high speed rail may begin? Grimes County, Texas
Is the proposal supported by state lawmakers? Yes. Support has been indicated by Sen. Schwertner, Rep. Schubert, Sen. Birdwell, Rep. Ashby & Sen. Kolkhorst
What would trigger a permit? Any construction crossing a county right of way
What would the application include? A requirement that the entity has state or federal authority to use eminent domain
Are other counties…
Civil Asset Forfeiture. Law Enforcement Impacted by Property Rights.
How civil asset forfeiture can impact law enforcement:
- Patrols may be altered to focus on routes that move cash, and not on routes that move illegal goods.
- Citizens won’t challenge the seizure of small amounts of cash or old cars creating a revenue source of $4.5 billion in 2014, nationwide
Governing | Civil Forfeiture Laws Pit Police Versus Everybody Else
Property Rights. August 15th Deer Breeder Rules Effective. 9 Points Informed Intel.
The new regulatory framework for deer breeders includes:
- Newly created Interim Breeder Rules
- Clarifies that Chronic Wasting Disease (CWD) management zones function “on their own terms”
- Moving deer requires a designation for a facility as Movement Qualified (MQ)
- Only vets can collect samples for ante-mortem testing
- Provides for ante-mortem testing of all deer, eliminating the 16 month residency rule
- Provides for year-round submission of ante-mortem test results
- Post mortem testing…
Property Rights. Case Study Denton.
Let’s look at how NBC News portrayed the local fracking ban in Denton:
Words used to describe those opposed to fracking:
- NBC’s words:
- not a lot of experience
- committed
- driven
- “inspiring victory for grassroots organizing and local democracy”
- The supporters description of the opposition:
- “were in Vladimir Putin’s pocket and were trying to protect Russia’s share of the global natural gas market”
- People in Denton ” lacked the sophistication to address technical matters like…
INTERIM. Sharing Economy. Statewide Short Term Rental Regulation in the Land of Technology.
What’s happening with short term rental regulation in California? The Legislature is pursuing statewide regulation
What do home sharing comapnies like Home Away and AirBnB support? A tax collection bill, SB 1102
Why do cities and labor groups oppose in SB 1102? It shields the names and addresses of their hosts
The Recorder | Five Bills to Watch in the California Legislature
Legal Trend. Clear Public Necessity.
The Court: New Jersey Supreme Court
The eminent domain: Taking a personal residence by the Casino Reinvestment Development Authority
The Court Ruling: There is no public use, and no legislative authorization, because the special district didn’t have a clear plan
Washington Post | Court strikes down taking that is “a manifest abuse of the eminent domain power”
No Eminent Domain to Build Hyperloop.
Hyperloop travel time from Austin to San Antonio: 15 minutes
Hyperloop financing structure: Private
Hyperloop use of eminent domain: No eminent domain will be used.
Texas Monthly | Will Texas Soon Be Home To The Fastest Train In The World?
Previously on InformedIntel, 14 July 2016:
Texas Transportation Project Saying No to Eminent Domain. Yes to Profit Sharing with Landowners.
The start up: Transonic Transportation LLC
The rail project: A hyperloop connecting Austin…
Eminent Domain. City Acquires Water Utility. City Alleges Bad Faith.
Which city sought to aquire by eminent domain a water utility? Missoula, Montana
Who does the city allege acted in bad faith? The Carlyle Group
Where did the Courts fall on eminent domain? Montana Courts sided with Missoula to allow eminent domain against the water utility
What bad faith actions does the city allege against the Water Utility & its holding company?
- fraud
- negligent misrepresentation
- deceit
- breach of fiduciary duty
- deceptive and unfair acts and practices
- civil…
Interim. Private Property Rights. Sharing Economy. Who is responsible for city violations ?
Why is Airbnb is suing the CIty of Anaheim? A local ordinance makes Airbnb liable for short term rental proeprty owners who violate city ordinances.
What violations of local laws are we talking about? the ordinance requires Airbnb to remove unlicensed listings within 10 days of $500 for the first offense, $1,000 for the second offense and $2,000 for a third or subsequent offense.
Is this local law trending? yes, Airbnb also sued San Francisco for fines the city is imposing on the…