Author Archives: admin

Private Property Rights in Cable Boxes.

Who is making an argument about private property rights in cable boxes? Grover Norquist 7 Americans for Tax Reform

What sparked the private property rights argument? A rule change by the FCC which Norquist says would allow 3rd party to change and access content on cable boxes

What’s the issue really? Whether programming apps, like netlfix, Hulu, etc…, must be accessible by cable boxes.

What’s the argument by Norquist really? Cable companies have property rights in their cable boxes,…

Legal Trend. Property Rights. Sovereign Immunity. Deer Breeders v. TPWD Wasting Disease Enforcement.

The property right: The Business of Deer Breeding

The lawsuit: Deer breeders sued the Texas Parks & Wildlife Department in Feburary 2015 over the taking of their property 

What was the property taking alleged by the property owners? The culling of the deer population was tantamount to a taking of private property by eminent domain

What happened in the lawsuit? TPWD claimed sovereign Immunity & the state district judge non-suited the case.

San Antonio Express News via the Chronic…

Legal Trend at SCOTUS: Regulatory Takings. 3 Key Informed Intel.

What case before the U.S. Supreme Court is about regulatory takings? Murr v. Wisconsin, No. 15-214

What happened to the property owner to spark this lawsuit?

  • Property owners owned 2 adjacent, but separate, 1 acre lots
  • A County Ordinance prohibits the sale or development of adjacent lots, if 1 lot is less than an acre
  • The Property Owners said it prevented them from enjoying and using their land, and prohibited the sale of 1 of the acres
  • The Court said, we have to consider both lots as…

TREND: New Eminent Domain Target. High Pressure Gas Lines. 3 Points Informed Intel.

What state passed new eminent domain restrictions this week? New Hampshire. Freedom loving libertarian types, sound familiar?

What was the primary target of the NH eminent domain reform? gas pipelines, with some legislators laser focused on “outlawing” high pressure gas lines

What specific reforms happened in NH’s HB 1660? 

  • eminent domain will now trigger a land use change tax in NH
  • for high pressure gas lines, an entire piece of property must be acquired by eminent domain
  • requires a…

Private Property Rights. 4 Ways TX Drone Law Unconstitutional?

Who is arguing that Texas drone law is unconstitutional? A former federal judge

Is the Texas drone law being challenged in court as unconstitutional? Yes.

What are the issues taken with the Texas Drone Law?

  • Violates Privacy of Texans on the Border by not applying privacy to 25 miles from the border
  • Treats Texans on the Border different from other Texans violating Equal Protection
  • No legitimate Texas law enforcement purpose for treating the border differently for privacy…

Interim Sharing Economy. Property Rights. Deal Made in Western Legislature. 4 Key Elements of the Legislation. Read the Bill. Strategize Accordingly.

Which state legislature  is negotiating a deal on home sharing taxes? California

Which tax options were rejected? a statewide system for collecting tourist taxes

What does SB 1102 require?

  • ​Sharing company (AirBnB, HomeAway, et. al) would collect a local hotel tax
  • Deals with local governments would not be preempted, allowing for local government opt out
  • compliance would occur with the state controller
  • retains privacy for property owners, who would not be disclosed to the…

INTERIM. Editorial. TX City Changes Eminent Domain Process. Gets it Right in 3 ways.

What good acts did Dallas City Council do on eminent domain?

  • After hearing from a constituent that could not afford to relocate based on the city’s offer, the city paused the project to find a better solution.
  • City Council members also forced a review of the city’s eminent domain procedures
  • City Council returned to a 2 step eminent domain process.
    • Step 1: Try to reach an agreement with the land owner
    • Step 2: When no agreement is reached, City Council must separately approve eminent…

Private Property Rights meets Land Speculation. Indictments in North Texas. 4 Key Informed Intel.

What law enforcement agency was investigating land deals in North Texas? U.S. Department of Justice

What transportation project is involved? I-35 E expansion in Denton County

What crimes are alleged to be involved in these land deals?  conspiracy to commit mail fraud

What makes people believe real estate development was land speculation?

  • accused of deceiving the Texas Department of Transportation by
  • buying frontage land low
  • asserting that the land was under development
  • and…

INTERIM. 2 Problems. Property Rights. 1 West Houston TIRZ.

The Memorial City TIRZ, a special district, in located in west Houston, is geerating attention for these structural and operational problems:

  • The TIRZ was created in 1999 by Mayor Brown
    • It called for “qualified neighborhood residents” to be the board members
    • Spring Branch West Super Neighborhood says appointees aren’t being vetted through them, and they have no representation on the board
  • Flooding sparked a lawsuit against the TIRZ
    • A 2 year flood led the Residents Against Flooding…

National Editorial Opposes Dallas Use of Eminent Domain. 4 Bits Informed Intel.

Which publication took the side of a small business owner in an eminent domain situation in Dallas? Wall Street Journal

What is the Dallas eminent domain issue?  Dallas wants to acquire a local auto repair shop to create a gateway to its arts district

How is Dallas acquiring this property? Some say that Dallas zoning ordinances are being amended to prohibit the operation of the auto body shop. 

What did the editorial say about Dallas’ zoning law changes that caused businesses to…