- Private companies exercise eminent domain all the time in Texas with no gross mismangement
- Private rail has exercised eminent domain for more than 100 years
- Texas has property owner protections
Category Archives: 2017 legislative issues
3 Points. AirBnb Agreement with Comptroller Hegar.
AirBnB has entered into an agreement with the Comptroller’s Office that requires:
- Guests will be required to pay the 6% hotel occupancy tax
- The 6% tax will be assessed beginning May 1st
- AirBnB will collect and remit the tax
It is estimated in 2016, AirBnB would have generated $8 million in hotel motel taxes.
Dallas Morning News | Airbnb to start collecting hotel taxes in Texas beginning May 1
1 Pending Texas Central Rail Landowner Lawsuit. 3 Things to Know.
- A lawsuit from 78 year old property owner and a countersuit by Texas High Speed Rail had a hearing this week
- What put them into court was whether the rail could have pre-condemantion access to the property to survey it
- What kept them in court, when Texas Central Rail, had dropped other similar lawsuits, was that this lawsuit wanted Texas Central Rail to admit that it did not have eminent domain authority
No ruling yet from the Court.
What all was said after the TX Senate Eminent Domain Bill Package?
- “Many [Senators] still consider the privately financed plan a boondoggle”
- The bill prohibiting eminent domain for high speed rail has been sent to Local and Consent.
Austin American Statesman | Bills stalling or stopping bullet train pass Texas Senate committee
- Focused on the land owners experience. Including this quote from a member of the Board of Directors of the Texas and…
Lege Trend. Attorney Fee Awards Green Light with interesting exception.
State: Michigan
Bill language from Michigan:
SEC. 6. IF A COURT DETERMINES THAT GOVERNMENT ACTION BY A DEPARTMENT OR AGENCY RESULTED IN A CONSTITUTIONAL TAKING OF PRIVATE REAL PROPERTY AND THAT THE DEPARTMENT OR AGENCY DID NOT COMPLY WITH SECTION 4 IN REGARD TO THE REAL PROPERTY, THE COURT SHALL ORDER THE DEPARTMENT OR AGENCY TO PAY THE PRIVATE REAL PROPERTY OWNER FOR HIS OR HER REASONABLE ATTORNEY FEES AND COSTS. THIS SECTION DOES NOT APPLY IF THE GOVERNMENT ACTION WAS AN IMMEDIATE…
Private Property TREND. Statewide Vacation Rental Regulations from the Sunshine State.
Which state agrees local control is very 1995? Florida
What is Florida’s legislative hisotry with vacation rental bills?
- In 2011 Florida bafrred local regulation
- In 2014, Florida Legislature returned some control to cities
- In 2017, Florida is moving legislation to regain statewide control
What are supporters saying in 2017? That city regulations are infringing on property rights
What’s the 2017 legislation look like?
- invalidates any city ordiannce enacted after 2011
- returns vacation…
2 Ways Austin's tree Ordinance violates Private Property Rights. +1 Solution
TPPF lays out 2 ways by which Austin’s heritage tree ordinance violates private property rights:
- Tree ordinances are effectively seizing private proeprty without compensation
- Control over natural resources dates back to the origin of private property rights
The legislative solution: explicit statutory authority “that landowners own all the trees and timber on their land while also prohibiting a governmental entity from creating these kinds of regulations”
How many 2017 Special District Bills Deny Eminent Domain?
10+ local bills can still be filed after March 10th.
HB 4271 Relating to the creation of the East Houston Management District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
SB 2244 Relating to the creation of the University Hills Municipal Management District; providing authority to issue bonds; providing authority to impose assessments or fees.
SB 1996 Relating to the creation of the Rio de Vida Municipal Utility District No. 1; providing…
How many 2017 Texas Lege bills mix special districts & eminent domain?
36+ local bills can continue to be filed after March 10th
HB 1056 Relating to the powers and duties of certain water districts, including the power of eminent domain.
SB 2139 Relating to the creation of regional transit authorities; granting the power of eminent domain; providing authority to issue bonds and charge fees; creating a criminal offense.
HB 1986 Relating to the creation of regional transit authorities; granting the power of eminent domain; providing authority to issue bonds…
Private Property Rights. Sunshine State Super Short. Super Powerful Bill on Vacation Rentals.
A local law, ordinance, or regulation may not restrict the use of vacation rentals, prohibit vacation rentals, or regulate the duration or frequency of rental of vacation rentals based solely on their classification, use, or occupancy. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011.
Sunshine State News | House Committee Approves Bill to Deregulate Vacation Rentals