- Congressman Kevin Brady is encouraging legislators to seek an A.G. Opinion on high speed rail in Texas
- What’s the issue that has Brady up in arms? Eminent Domain. Specifically state granted eminent domain powers.
- Who recevived the letter from Congressman Brady?
- Charles Schwertner
- Trent Ashby
- John Otto
- Leighton Schubert
- What is Congressman Brady’s concern? Whether the rail works for local communities, and he does not believe a rural train route works for local communities
- its…
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INTERIM. Property Rights. Water Rights. 3 Points from TX Farmers & 1 State Rep.
- non-farmers calling rural landowners’ water rights a “gold mine” displeases farmers
- compensation for taking water is not the solution
- creating a water market is ” shortsighted and selfish”
“I look forward to working with my constituents and concerned citizens from all over the state to develop legislation that would promote the long-term welfare and prosperity of our communities, including exploring opportunities for conservation technologies to reduce demand and lessen our reliance on…
INTERIM. SHARING ECONOMY. Property Ownership Fairness Act. 4 Things to Know Before the Activists Arrive.
The Goldwater Institute & CATO are pushing the Property Ownership Fairness Act that:
- “requires government to pay you when regulations take away your right to use your property and reduce the value of your property.”
- allows for regulation and the use of eminent domain but there has to be notice, so if the government changes the rules of the game, then the property owner should be compensated
- it’s modeled after Arizona’s
What does this Act apply to? Short Term Rental ordinances….
Lege Trend: No Eminent Domain without 80% Land Owner Consent. 3 Point Legislation from Red State.
South Dakota legislature is considering SB 145 which would:
- Require any UTILITY before it receives eminent domain approval BEFORE PERMITTING
- To obtian consensus from 80% of the affected land owners
- Applies only to PRIVATE entities
Dakota Free Press | SB 145: Legislature to Consider DFP 80% Agreement for Eminent Domain
Lege Trend: Private Property Rights. Requiring Insurance for Drones. 3 Bits of Informed Intel before this comes to Texas.
A proposal in California would require drone owners to carry insurance for their drones. it even has a catchy name, The Drone Registration/Omnibus Negligence-prevention Enactment (DRONE) Act.
The bill’s requirements:
- requires hobbyists to obtain a physical or electronic license plate for identification purposes
- requires a small insurance fee at the time of purchase for any future damage or injury associated with the drone
- requires drones of a certain size to be equipped with GPS and…
Legal Trend Cities Cannot Block Anti-Eminent Domain Signs
Which court ruled that anti-eminent domain signs can’t be prohibited? The 4th Circuit Court of Appeals
What was their ruling? The sign ordinance is a content-based regulation that does not survive strict scrutiny. That’s lawyer code for the ordinance violates the 1st amendment.
What did the city argue to support their ordinance? That the ordinance is content nuetral and applies equally to all messages.
Central Radio Co. Inc. v. City of Norfolk, No. 13-1996 (4th Cir. Jan. 29, 2016)
U.S. Supreme Court Will hear Case on Eminent Domain Compensation in 2016. Remember what sates did post-Kelo? Be Prepared.
The compensation issue that property rights advocates want the U.S. Supreme Court to decide this spring- if a portion of land is taken, is the compensation considered only on that single piece of property or are adjacent lands considered?
Law 360 | High Court Eminent Domain Case May Offer States Clarity
3 Reasons a Campaign Attacks for being Weak on Eminent Domain Work
Who is attacking whom on eminent domain? Ted Cruz is hitting Donald Trump on eminent domain by saying Trump took property from a little old lady to build a parking lot for limousines.
Could this work? Vanity Fair asked the Club for Growth. The Club for Growth pointed to these 3 reasons for why it could.
- plays well with focus groups
- it makes people feel like Trump is only in it for the deal, and to screw over the little guy
- when similar ads were run in Iowa in 2015 by the Club for…
Did the denial of eminent domain by state regulators force the sale of a $1.1 billion pipeline? Possibly yes.
What state regulators refused eminent domain powers for a pipeline? Georgia
Why did Georgia deny eminent domain authority? For reasons including that the pipeline would not provide any direct benefit for Georgia, the pipeline only went through the state without dropping off goods in the state.
What happened after the denial of eminent domain by state regulators? 4 things.
- Delay
- A legal appeal of the denial of eminent domain
- the company announced that the project may be completed…
Is Eminent Domain a New York Value? Yes, 3 Reasons Why.
In an Op-Ed about Bloomberg considering a 3rd party run for President, eminent domain is labled a New York value because:
- In Manhattan “property rights of small homeowners and business people are like bugs on the windshield of the city’s swashbuckling real estate developers and the ribbon-cutting politicians who enable them.”
- Bloomberg campaigned against the post-Kelo backlash
- As Bloomberg said, ““You would never build any big thing any place in any big city in this country if you…