Author Archives: Tessa Zavala

Which Certificates of Need are likely on the policy chopping block? Certificates of Need for Hospitals and health care centers Why? What are the policy reasons? Industry specific requirement that targets only healthcare Anti- Competitive to have to prove to a governmental entity that “your competitors don’t have enough capacity and there is an unmet […]

What did the appellate court say? Yes, Texas Central is a railroad thereby authorizing eminent domain authority Up next: Appeal to the Texas Supreme Court The Eagle | Opponents of Brazos Valley high-speed rail likely to appeal latest court ruling D Magazine | Texas Central High-Speed Rail Wins Four-Year Court Battle

Where: North Dakota What online property posting is being launched in North Dakota? Posting land for hunting access Who will operate the online dates for hunting lands? The state Game and Fish Department’s online licensing platform St. Louis Patch Dispatch | North Dakota launching online land posting app in 3 counties

Can local government commandeer property during an emergency in Texas? No. Not going to happen without changing some laws. What law needs to change? Government Code section 418.108 Can the Governor commandeer property during a disaster? Yes, Government Code subsection 418.017(c) specifically allows the Governor to commandeer property KP-0304 (2020)

Question 1: Can local emergency orders include blocking property owners from accessing their 2nd homes? Answer 1: No, unless a court determines that the local government is legitimately using its police power Question 2: Can local emergency orders limit the use of 2nd homes by property owners? Answer 2: No, and the Governor’s Executive Order […]

Where: Missouri What: SB 618 (2020 | MO) What type of bill is this 3rd attempt of 2020? a bill about how gas companies deal with a government-mandated infrastructure surcharge How was it added? In House committee and the House has approved the eminent domain prohibition previously this legislative session Energy News | Missouri eminent […]

Where: Big Daddy Zane’s, a bar in Odessa, Texas Did the bar owner talk to the local sheriff? Yes, she says the Sheriff advise to keep the armed supporters out of sight Where did the bar owner stage the armed supporters? On her private property “in the back” CBS 21 | Arrests After SWAT Team […]

Where: Florida What’s the lawsuit by short term rental owners about? By prohibiting short term rentals in the Florida Executive COVID Order, the Governor denied property owners use of their property Did the Governor’s Order also close motels and hotels? No Tampa Patch | Vacation Rental Property Owners Sue State For Coronavirus Losses

The State: Missouri How did Missouri use federal COVID stimulus funding for meat packing? Allocating in the state budget $20 M to get meat packing plants up and running What is the Missouri Cattlemen’s Association saying? “production has slowed as plants spread out workers for social distancing.” KRCG | Missouri senators set aside $20M for […]

Cities that are considering removing minimum parking space requirements: Los Angeles San Francisco Austin has waived the requirement Seattle gives out transit passes rather than requiring on-site parking at each residential building Dallas is turning parking lots into parks How has parking been impacted by COVID? Demand down 90% since mid-March What companies are innovating […]