Author Archives: admin

3 Property Owner Points. Waller County. High Speed Rail. Pre condemnation Access.

Will eminent domain be used by Texas Centeral Rail to build its Dallas-Houston high speed rail?  Only if deals cannot be reached

How did property owners in Waller County react?

  • Waller County Judge Trey Duhon: “This is a huge eminent domain issue. Texas is a huge private property right state.” 
  • A property owner turned away a precondemnation surveyor on his property & mentions their have target practice on their property
  • Reports are that deals will never come.

High Speed Rail is…

Eminent Domain for Drug Prices. 3 Key Points to the Argument.

  • Federal Law Says So. The because I said so reason from the government for siezing drug companies patents is rooted in 28 U.S.C. section 1498. 
  • Reasonable Compensation to Pharmaceuticals. Drug companies would get “reasonable and entire compensation”
  • The government doesn’t have to get consent. The government can use any patent without consent so long as the compensation is ” “reasonable and entire.”

The question: does the fear of eminent domain to take drug patents bring about…

INTERIM. Private Property Rights. Sharing Economy. Short Term Rentals. Lege Trend from Pacific.

Your informed intel:

The Legislature: Hawaii

The Bill passed: Hawaii’s  HB 1850 

The short term rental tax: 

  • Who is collecting the tax? The tax broker short term lease facilitator (HomeAway, AirbNb)
  • Which taxes are being imposed? general excise tax & transient accommodations tax
  • Supported by short ter rental companies? Yes

Concerns:

  • Is there enough accountability for the sharing economy companies?
  • Sharing economy companies should be held accountable for illegal camping,…

Navasota County Judge Raises New Eminent Domain Issue.

What new issue did the Navasota County Judge rise about eminent domain and high speed rail? The impact to property values for property adjacent to property that is taken by eminent domain for high speed rail.

Why is concerned about neighboring property? Neighboring property owners do not receive compensation but will be impacted by Texas Central Rail.

Navasota News 1550 | County Judge Fights TCP In Austin Trip

 

INTERIM. Texas Tops in Asset Forfeiture.

Audrey Redford, a doctoral fellow with the Free Market Institute at Texas Tech University, makes these points about asset forefeiture in Texas:

  • Texas is #1 in civil asset forefeiture according to the Institute for Justice
  • Average annual total of seized assets:  $41.6 million
  • $540.7 million siezed in the last decade
  • It will get worse. last week DOJ announced it was resuming its Equitable Sharing Program, a civil asset forefeiture sharing program

How are asset forefeiture proceeds…

Campaign Trend. Eminent Domain. 3 Key Reforms Touted.

What eminent domain reforms are being touted by a campaign?

  • Deny eminent domain to private entities
  • Shift Burden of Proof from the land owner to the condeming entity
  • New Standard for Public Use:
    • ​a “purpose wholly for public use and necessity”
  • Good Faith Negotiations by condeming entities
  • Require a condemning entity to evaluate:
    • health and safety impacts of their project
    • weigh impact of alternatives to those requiring condemnation

Concord (NH) Patch | Rubens Proposes…

Legal Trend. 3 Markers to Support Eminent Domain from the East.

State courts in which state are grappling with eminent domain for a pipeline over landowner objections? Pennsylvania

What 3 considerations did the judge list in approving eminent domain to move forward?

  • Declaration of Taking complies with state law
  • Pipeline’s condemnation plans are “sufficient to properly identify the disputed acreage”
  • Pipeline is financially stable to pay for any potential damages

Daily Item | Judge upholds eminent domain for PPL

Tornado Recovery Leads to Eminent Domain.

How did a tornado recovery lead to eminent domain? To clean up tornado damage, a town undertook widening the main thoroughfare in a low income neighborhood

How was this project funded? Federal Funds

Were the federal government or the local government tasked with implementing the plan to widen the thoroughfare? Local Government

How well was eminent domain received at the city council? According to 1 city council member, “” I have no appetite to vote for eminent domain takings,”

WAMC…

Private Property Rights. License Plate Readers. Lesson from the Attorney General

How would a county in Texas be able to capture license plate information for the purpose of enforcing minimum libaility insurance statutes?

  • Pass a Bill
  • Give Counties specific authority to use certain equipment
  • Give counties specific purpose to use the equipment
  • Specify what the enforcement mechanism will be

How did we learn this step by step guide to county license plate reader use?  Because of Attorney General Opinion KP-0076 that answers  whether Bowie County can engage a private…

Campaign. Eminent Domain Limitations. Just Because People Like It, Doesn't Mean People Need It.

A state representative candidate in rural Utah pilloried using eminent domain for hike and bike trails saying:

““If its on a master plan, we’ll do what we have to do … but not just to run a trail that people think would be nice to have.”

Standard Examiner | Utah Republican Convention 2016: 3 northern Utah races contested Saturday