Category Archives: 2017 legislation

3 Ways Republicans are Inconsistent on Eminent Domain

  • Republicans oppose taking land for trails and sidewalks calling it “egregious government overreach”
  • Republicans support allowing foreign corporations to use eminent domain
  • In the state budget Republicans expanded the types of oil pipeline business structures granted eminent domain power

Wisconsin State Journal | Mark Borchardt: Republicans are inconsistent on eminent domain

Lege TREND. Legislative Plan to Preempting Tree Ordinances. An exception + the Opposition

Michiugan will consider SB 1188 (2018 | MI) that will preempt local ordinances barring tree removal by:

  • prohibit local governments from adopting or enforcing ordinances or charters “prohibiting or restricting the removal of trees or other vegetation.”

What exception did the author accept?

  • allow local governments to willingly enter into contracts with private landowners to allow local control of storm water mitigating vegetation

What are cities saying in repsonse?

  • vegetation and tree…

Lege TREND. Eminent Domain Compensation legislation for 2019.

Ashby reiterates his support for his 2017 eminent domain compensation bill, HB 3687 (2017 | TX) that would:

  • strengthens bona fide offer
  • additional dislcosures of appraisal reports
  • additional detail disclosures for easements
  • hold harmless clause for the land owners
  • nongovernmental entities have to escrow or bond the trial court award for a landowner before appeal
  • an attorney fees trigger mechanism for nongovernmental entities
  • shifts property taxes to the condeming entity 

Lufkin Daily…

Lege TREND. 2 Ways Belton TX Would Be Impacted by Annexation Bill + 1 End Run Around Annexation.

Belton, Texas City Manager says an annexation bull like 85R’s SB 715 would:

  • end annexation
  • if voluntary annexation were permitted it would:
    • allow the city & the proposed annexation area to vote
    • the carrot would be city utilitiies & services while the stick would be city taxes

Belton has used development agreements as a stop gap to halt annexation. 

Temple Daily Telegram | Belton may be impacted by special session annexation bill

Private property Rights. Annexation. Who is on the Annexation Special Session bandwagon?

Eminent Domain in Texas By the Numbers.

  • About 50% of states allow landowner owners to recover attorney fees in successful eminent domain challenges
  • 85% of land owners accept the final offer
    • Texas Civil Justice Leage found that 50% of landowners would go to court if they could be awarded attorney fees on a successful result
    • Florida which permits attorney fees awards has not experienced any of the negative results
  • 77% of land owners who take their eminent domain case to court receive 20% or more than the final offer

Houston…

4 Points. Bill Protects Private Property on San Marcos River.

SB 965 (2017) by Zaffirni would:

  • Counties along the river will be able to approve the creation of water and safety zones
  • The water & safety zones can impose fees of up to $4 per person
  • The fees would support services such as rental of recreation equipment, shuttle service or ingress or egress service
  • Due to limited law enforcement the water and safety zones would serve to protect land owners along the San Marcos River

House Sponsor: Cyrier

Texas State University Star | Senate passes…

LEGAL TREND. TX Judge Enjoins Pre-condemnation Access Surveys

The legal fight: Texas Central Rail and Grimes County

The court:  506th District Court in Texas

The judge’s words: The defendants (Texas Central Partners) and their agents are permanently enjoined from performing surveys or other studies which damage, alter or impair county maintained rights of way,”

What Grimes County says it does: prevents Texas Central Rail from exercising precondemantion surveys  & Texas Central Rail does not have eminent domain authority

What Texas Central Rail says it…

What's ALEC saying about eminent domain and high speed rail?

ALEC on eminent domain for high speed rail:

“Of course, a great many public use transportation infrastructure projects ultimately need to use eminent domain to be able to reach completion. Specifically, railroads, including those in Texas, have long had to resort to eminent domain to provide a bene t to the public as have highways and other public infrastructure. And the truth is that trying to build a railroad (or highway) without some sort of eminent domain is nearly impossible. “

“Like the…