Category Archives: 2017 legislative issues

INTERIM. Legal Trend. Improvement District Sues TXDOT. Win Increases Value by $3 million. 3 Key Points.

Why did the East Montgomery County Improvement District sue TXDOT? The board thought it was important to show a jury the loss of value in the land:

  • lost a great deal of functionality as a large event community center
  • Condemned property  included a parking lot that affects functionality
  • The State’s proposed remediation parking plan was inadequate to serve the district’s needs or that of the community
  • Condemned Property prohibits expansion of the districts education wing

What was…

TREND. No Eminent Domain for Pipelines. 4 Points from the Washington Post.

Lots of dollars going into pipeline investment.

  • U.S. has the largest netowrk of pipelines.  more than 2.5 million miles of pipes
  • High Annual Investment. American petroluem Institute says average annual investment will be above $80 billion until 2020

This issue unites Rs and Ds.  Liberal enviromentalists join with libertarian leaning propety rights advocates

Its made an impact:

  • 2 states, SC and GA, have passed prohibitions on pipelines using eminent domains
  • Multiple courts have sided…

TREND. INTERIM. Civil Asset Forfeiture Passes in the Midwest. The key intel:

Which state reformed civil asset forefeoture laws? Ohio

Does the OH legisltion require conviction for forfieture? No, it permits forfeiture if criminal charges can be filed against the person.

Do local governments have access to the proceeds at the time of forfeiture? No, the assets are put in escrow until conviction

Ohio HB 347

Americans for Tax Reform | ATR Congratulates Ohio for Passing Civil Asset Forfeiture Reform

 

INTERIM. TREND. Sharing Economy. Short Term Rentals. Rental Guides.

New Sharing Economy Business Trend: Rent a Human to Guide you through the interesting aspects of the area of your short term rental.

The Rent a Human Program Name:  City Hosts. Like a Zombie Hosts on a Human.

the Goal: Like the AirBnB commercials, short term rentals are about the experience

Example Experiences:

  • Adventures with a kite surfer in SF
  • Vietnamese cooking lessons with a Parisian chef
  • Tour London’s Grime music scene with a record scout

Example Regulations: Do…

Local TREND: Owner Builds. City Takes Part of Owner's Land in Exchange. 4 Pieces of Intel to Keep you Informed:

Which city is trading building permits for land? The City of Perris, California

What was the city’s policy? Its called a dedication requirement. Here’s how it works:

  • Property owner wants to build on their property.
  • Property owner needs permits.
  • City takes part of your land when you get your building permit

Why is the City of Perris taking land when permits are issued?

  • To suppress the fair market compensation value of land
  • Later, the city will take more of the owner’s land via eminent…

INTERIM. Private Property Rights. 3 Trends Changing the Definition of Special District.

  • New IRS regulations
    • will make it harder for special districts to borrow money tax-free
    • IRS says special districts are benefitting by a tax rgulations meant for cities, not for special districts
  • Special District Growth
    • 39,000 special districts in the U.S.
    • spending more revenue than all cities in the U.S. combined
  • Changing the defintion of local government
    • ​IRS standard is any 1 of these 3 makes an entity a municipality:
      • Does it have the power of taxation?
      • Does it…

The Texas Congressman. Eminent Domain. High Speed Rail.

Which Texas Congressman wrote to the Surface Transportation Board about opposing high speed rail in Texas? Congressman Brady

What is Congressman Brady’s opposition to high speed rail in Texas? 

  • Congressman Brady opposes accelerated use of eminent domain or construction
  • Congressman Brady says the route is wrong
  • Congressman Brady opposes financial loans for high speed rail from the federal government

What is Congressman Brady’s opposition to the high speed rail route? 

  • The route…

Private Property Rights. Deer Disease. 4 Key Points from TPWD delayed vote.

When will be the next vote by the Texas Parks and Wildlife Department Commissioners on deer disease reforms? 30 day delay from Thursday, May 26, 2016 TPWD decision to delay the vote

What 2 things did the TPWD proposed rules do?

  • New testing of deer for disease
  • Radio chipping deer

Who supports the TPWD proposed rule? Property rights advocates. Why? The rules could contain the spread of disease from breeders to herds on private land

Who opposes TPWD proposed rules? Deer…

UPDATE from High Speed Rail. Feds to Answer whether High Speed Rail must follow Texas Eminent Domain Laws?

Update: High Speed Rail replies to Ennis County:

  • Texas Central” does not seek to remove protections afforded to landowners under Texas law”
  • Texas Central Surface transportation Request … “does not change or override any state landowner protections.”

Ennis Daily News | HSR rebuffs claims

 

May 8, 2016, Informed Intel:

The Ellis County Press published an Op-Ed from Texans Against High Speed Rail.

What points does Texans Against High Speed Rail make in its Op-Ed?

  • Texas Central…

INTERIM. Sharing Economy. From the Right. 3 Reasons Cities Should NOT Block Short Term Rentals.

Cities should not block short term rentals because:

  • Its an economic boon that levels peak pricing by hotels
  • It frees “trapped capital” like the unused spare bedroom
  • It is not shown to make housing less affordable

The solution to neighborhood concerns:

  • Amend existing noise or traffic ordinances

Trib Talk | Josiah Neeley | R Street Institute | Texas cities shouldn’t block short-term rentals