The Federalists Are Coming after Pipeline Eminent Domain. Some say yes Constitutional. Some say, Not Constitutional.

  • Highlights the eminent domain prohibitions that passed in Georgia and South Carolina
  • Focuses on the unusual alliance of property rights advocates & environmentalists
  • Ilya Somin stresses that some pipeline use of eminent domain does meet constitutional muster.

Washington Post | Volokh Conspiracy | Federalist Society teleforum on pipeline takings

What you Need to Know. Eminent Domain Battlegrounds. The post-Kelo reformer coalition.

Which states are eminent domain battlegrounds? Georgia & South Carolina

Which issues are resonating?  prohibition on eminent domain exercised by or in support of private companies

Are there new, post-Kelo coalitions? Yes, property rights advocates + environmentalists

The primary eminent domain target? Pipelines

The answer for pipelines? Condemning in federal court, under federal laws that do not provide as great protection for landowners and may preempt state law

National Law…

Pipelines v. Farmers. 4 Recommendations to Level the Playing Field.

Where is this happening? Far North Texas, also known as, Colorado. Weld, County, CO

What issue is this editorial confronting? Pipelines that traverse farm land.

What recommendations do they have for pipelines?

  • eminent domain is a privilege, not a threat
  • eminent domain is not a bargaining tool
  • fields should be left in good condition, no cheating on what soil is used for backfill
  • avoid careless mistakes like using sandy soil

The Tribune of Greeley & Weld County, CO | Tribune opinion:…

Sharing Economy. Local Government Bans Short Term Rental Ads. Lawsuit Ensues.

The city: Santa Monica, CA

The short term rental regulations: 

  • No advertising
  • Requires internet providers to provide information about those posting short term rentals for rent
  • Home owners must be home during the rent
  • Home owners must have a business license to operate as a short term rental

the lawsuit: HomeAway & AirBnB sued in federal court asserting 1st Amendment free speech violations, violations of the Communications Decency Act & the 4th Amendment 

Law360 | HomeAway,…

Eminent Domain Delays Cost Time and Money. Case Study Rail.

California is building a state funded high speed rail system.

Is the project behind schedule? Yes. The 1st segment moved its completion date from March 31, 2018, to August 2019. 

What is causing the delay? Acquiring land which means Eminent Domain Delays.

How many land parcels are required for the Valley portion of the high speed rail first leg?1,590 parcels of property. 841 parcels were secured as of last week.

For 1 segment, the Fresno-Madera segment, what are the current cost…

3 Points from Eminent Domain Activists vs. High Speed Rail

Activists opposed to Texas Central Rail proposed high speed rail between Dallas and Houston make the following points:

  • Obsolete technology in high speed rail
  • No public benefit from high speed rail
  • Private Property rights are held in high regard in Texas

Houston Chronicle | Protester of proposed Houston-Dallas high-speed rail line shouts “remember Pearl Harbor”

3 Reasons County Commissioner Is Displeased with High Speed Rail.

  • Folks representing high speed rail are entering land without permission
  • Strong arm tactics by folks representing high speed rail
  • The use of eminent domain by private companies like Texas Central Rail

KTRH | Is Eminent Domain Becoming the Norm in Texas?

Your Tomball News | Grimes County Commissioners vote to require high-speed rail officials to provide proof of eminent domain authority

TREND. New Tool for Local Governments? County Building Permits to Stop Eminent Domain.

Which County wants to require county permits before construction on high speed rail may begin? Grimes County, Texas

Is the proposal supported by state lawmakers? Yes. Support has been indicated by Sen. Schwertner, Rep. Schubert, Sen. Birdwell, Rep. Ashby & Sen. Kolkhorst

What would trigger a permit? Any construction crossing a county right of way

What would the application include? A requirement that the entity has state or federal authority to use eminent domain

Are other counties…

Property Rights. August 15th Deer Breeder Rules Effective. 9 Points Informed Intel.

The new regulatory framework for deer breeders includes:

  • Newly created Interim Breeder Rules
  • Clarifies that Chronic Wasting Disease (CWD) management zones function “on their own terms”
  • Moving deer requires a designation for a facility as Movement Qualified (MQ)
  • Only vets can collect samples for ante-mortem testing
  • Provides for ante-mortem testing of all deer, eliminating the 16 month residency rule
  • Provides for year-round submission of ante-mortem test results
  • Post mortem testing…

INTERIM. Sharing Economy. Statewide Short Term Rental Regulation in the Land of Technology.

What’s happening with short term rental regulation in California? The Legislature is pursuing statewide regulation

What do home sharing comapnies like Home Away and AirBnB support? A tax collection bill, SB 1102

Why do cities and labor groups oppose in SB 1102? It shields the names and addresses of their hosts

The Recorder | Five Bills to Watch in the California Legislature