Category Archives: 2017 legislative issues

Eminent Domain Compensation in Texas Lacking After SB 18. 3 Key Points.

In supporting the newly formed texas Property Rights Initiative, the Texas and Southwestern Cattle Raisers Association representative mentioned 3 issues about eminent domain compensation:

  • eminent domain does not involve a willing buyer and a willing seller
  • Eminent domain compensation increased in court
    • the TSCRA representative’s family property in 2 eminent domain disputes was awarded 600 times & 10 times more after fighting the taking in court.
  • Current law favors for-profit…

Texans for Property Rights Initiative. Who. What. Where.

WHO: Texans for Property Rights Initiative includes:

  • Texas and Southwestern Cattle Raisers Association
  • Texas Farm Bureau
  • Texas Wildlife Association
  • Texas Forestry Association
  • South Texans’ Property Rights Association
  • Texas Poultry Association
  • Texas Sheep and Goat Raisers Association
  • Independent Cattlemen’s Association
  • Texas Grain Sorghum Association
  • Plains Cotton Growers, Inc.
  • Corn Producers Association of Texas
  • Riverside & Landowners Protection Coalition
  • Texas Land &…

Legal Trend: Short Term Rental Ordinance Unconstitutional.

The city imposing a short term rental ordinance: Nashville, TN

The highlights from the Nashville ordinance:

  • Capped rentals at 3 percent of all homes within each neighborhood
  • Requires would-be renters to obtain a permit

What was unconstitutional?  The ordinance was too vague, but the 3% cap completely A-OK

Model Legislation from ALEC is moving in TN after having passed in AZ.

Reason | Nashville’s Airbnb Regulations Ruled Unconstitutional

+ 1 Texas County. Eminent Domain Restrictions.

Add Montgomery County to the list of counties that oppose eminent domain for proposed high speed rail from Houston to Dallas. 

The vote: unanimous

The common theme among commissioners: An opposition to a private company seizing private property.

The resolution:

 

RESOLUTION AND ORDER

 

WHEREAS, Montgomery County finds that any high-speed rail lines and facilities crossing county roads is not desirable; and

WHEREAS, Montgomery County values the protection of real property rights…

Texas Eminent Domain Data. See What the Researcher's Did with the Data.

Eminent Domain by the numbers:

  • 5, 042   total entities with eminent domain authority
  • 211 the number of times eminent domain authority was exercised in 2015
  • 1227 the highest number of entities within a county that have eminent domain authority
    • the #1 county: Harris
  • 239 the 2nd highest number of entities within a county that have eminent domain authority
    • the #2 county: Dallas
  • 30% of entities with eminent domain power are Municipal Utility or Water Districts
    • 2/3 of the 30% are…

2017 Intra-Industry. Oil. Gas. Mineral Rights. Property Rights Cage Fight to Watch.

Gearing up for an intra-industry fight: Texas Mineral Owners vs. oil and gas industry

What’s triggering the beef between these 2 groups? Whether companies can drill horizontal wells that reach across different lease lines

From the Texas Mineral Owners’ side: Mineral Leases often prohibit pooling. Pooling is seen as:

  • tramples property rights
  • upends negotiated contracts

From the oil and gas side:  companies have histroically pooled adjoining leases

San Antonio Express News | Fight…

LOCAL TREND: Sharing Economy Partner Agrees to Track Property Owners. Legislature Bans all Short term Rentals.

Where is this happening? New York City

What’s happening? Short term rental company, AirBnB, agreed to track property owners who have are renting out multiple locations

Why does this matter?  2 reasons:

1.  It typifies local ordinance quagmires over short term rental ordinances.

  • Property owners like the free market principles of short term rentals to use their property as they see fit.
  • Local governments, like NYC, want to address issues like exacerbating a lack of affordable…

Legal Trend. Ohio Follows Pennsylvania–a phrase not just for Presidential Elections.

An Ohio Court has stopped the power of eminent domain for a pipeline in Ohio based on this rational:

  • The pipeline is benefiting 1 manufacturer, not a common good
  • The pipeline benefit is in Canada and not in Ohio

Sandusky Register | Ruling could help farmers battling pipelines

Informed Intel. TPPF. 7 Property Rights Recommendations. 2017.

TPPF’s “Legislators Guide to the Issues 2017-2018” offers these property rights recommendations:

  • Shift the burden of proof to the condemning entity thereby away from the property owner
  • Reduce deference to government decisions in property rights matters
  • Restore constitutional right to own and use property
  • Texas Real Proeprty Presenrvation Act should be applied to municipalities
  • Eliminate a threshold taking amount in the Texas Real Proeprty Presenrvation Act
  • Condemining entities should…