Category Archives: 2017 legislative issues

Local Trend. Agreements in Lieu of Annexation.

The local government: Decatur

The 5 year agreement in lieu of annexation would require:

  • City forgoes its right to annex the property
  • Property owner agrees that the use on the property will be the current use
  • Any other use of the property will be governed by the city’s rules and regulations with regards to development

Wise County Messenger | Agreements could delay some annexation

 

Lege TREND. Civil Asset Forfeiture. 3 Points from Colorado's newly Enacted Legislation.

Policy Goal: “Government should never keep assets seized from innocent people,”

The bill: Colorado House Bill 1313

What Colorado’s House Bill 1313 does:

  • uniform, biennial, and detailed reporting on property seizures by law enforcement
  • reported information must be available to the public online in a searchable format
  • limits receipts of seized proeprty from joint investigations with federal agencies

The Governor directed law enforcement funding to offset revenue lost from stricter civil…

Refreshing Recollection. 3 Points from TPPF on Tree Ordinances.

According to TPPF here’s what’s happening with tree ordinances in Texas

  • 50 cities have onerous tree ordinances
  • By way of example, TPPF points to Austin which requires city approval to:
    • remove a tree with a trunk diameter over 9 inches
    • if the tree is over 24 inches in truck diameter, then its a heritage tree, and removal is forbidded unless there is a safety issue
  • To solve this problem, TPPF recommends that the Legislature

      1. ” prohibit local governments from preventing the…

6 Reasons the Right Thinks Idahos Short Term Rental Statute is the Best.

In 2017, Idaho passed short term rental law ( HB 216 ) that is being hailed by the right as model legislation because the regulations:

  • requires owners of short-term rentals to pay state sales and hotel taxes
  • taxes will be collected by “marketplaces” such as Airbnb
  • property owners to register with the state tax commission 45 days after their first lodging transaction
  • uses state authority to stop local bullies from singling out STRs for special mistreatment
  • local governments can regulate…

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…

3 Points from Eminent Domain Pits Property Rights vs. Energy

Background for article: A land owner who was offered  less than $50,000 for mile-long swath of pasture and oak trees that abuts the family cemetery, and a commissioners court awarded more than $600,000.

How the article sets up land owners v. energy:

  • Landowners claim that not allowing a land owner who prevails to be awarded attorney fees “​provides incentives for utilities, pipeline companies and government entities to undervalue properties in eminent domain takings”
  • Energy industry argument…

Private Property Rights v. 2nd Amendment Rights. The Loophole in the East.

State: Virginia

How are private property rights and gun rights butting heads? A retirement community is seeing gunfire from a neighboring agricultural land area on which the owner fires his guns

What is the loophole in the code?  landowners can fire their weapons on their land at pleasure “on any private property in a “basement, cellar, or target range,””

WY Daily | Gunfire near Colonial Heritage pits gun rights against property rights in James City County

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…