- Property Rights are Sacred
- “As a small business owner and real estate broker in Texas, I know firsthand that property rights are one of the most sacred liberties that Texans enjoy,” Holland said.
- Fair Market Value Offers will cut court costs
- “HB 2556, my component of eminent domain reform, will empower property owners and commission condemning authorities to extend fair market value offers to deserving landowners, additionally saving our state from frivolous administrative appeals costs…
Category Archives: 2017 legislative issues
2 Show Me State Bills Restrict Utility Use of Eminent Domain.
The Missouri 2017 Bills: H.B. 640 and H.B. 795
What the bills do:
- restrict utility easements
- limit eminent domain
- require new projects to use existing easements
- run any new routes along property boundary lines
- requires agreement of 60% of landowners before using eminent
KTVO | Walker leads capitol rally on “Stop Eminent Domain Day”
Peach State Bill Sets Up 2 Step Process for Private Entities & Eminent Domain.
Georgia’s Senate Bill 191 sets up this 2 step process for a pipeline to obtain eminent domain:
- receive a “certificate of need” from the Georgia Environmental Finance Authority; AND
- approval by Georgia’s environmental agency
A late amendment prohbited pipelines in coastal areas, the Georgia Coastal Zone Management Program, to “protect the drinking water.”
Atlanta Journal Constitution | Georgia Senate approves new pipeline limits
4 Bits Intel. West Coast State Bill. Change Attorney Fees Calculation.
State: California
The current way attorney fees are awarded in eminent domain: Since 1975, attorney fees can be awarded in California for eminent domain if:
- final offer of compensation was unreasonable
- the final demand of the property owner was reasonable
Assembly Bill 408 wants to change the standard for attorney fees in eminent domain to:
- Attorney fees must be awarded if condemnor’s offer is lower than 90% than the court’s value determination
- Attorney fees may be awarded if condemnor’s…
Eminent Domain by Private Entities is Crony Capitalism.
Tyler Morning Telegraph editorial opposing Texas Centrail Rail raises these 3 points:
- This isn’t a rural-urban issue. This is a property rights issue.
- You can’t say this is a private enterprise, promoting free market when you use eminent domain, because eminent domain is the opposite of free market.
- This is crony capitalism with the government “thumb on the scale”
Tyler Morning Telegraph | Editorial: Texas bullet train an example of crony capitalism
2017. Just the Facts. Kolkhorst. SB 740.
SB 740 Relating to the acquisition of property by an entity with eminent domain authority.
- Requires disclosure of new appraisals within 10 days or 3 days before a special commissioners hearing
- Allows a property owner to be awarded attorney fees if the amount awarded is 20% higher than the final offer
- Defines a list of new requirements for the bona fide good faith offer such as:
- easement details
- right to damages from construction
- Requiring that a condeming entity pay an award before an…
Private Property Rights. Home Sharing. City Rewrites Home Sharing Ordinance. The Details are in the Data.
The City: Chicago
The proposed revisions to home sharing ordinances will:
- Require homeowners to retain the names of guests but only require disclosure with a warrant or subpoena
- 4% surcharge on each rental
- Revenue estimated is $2 million/year
- revenue will be earmarked for homeless
- Allows areas of the city that are zoned as single-family homes the ability to pass petitions to restrict the home rentals
Chicago Tribune | Mayor Emanuel wants changes to home-sharing rules
Legal Trend. Company Withdraws Lawsuits to Continue Negotiations. 4 Key Points in Legal Strategy.
The Company: Texas Central Rail
The lawsuits: 12+ lawsuits concerning eminent domain, and specifically pre-condemnation access to the privately held land
The strategic advantage of withdrawing the laawsuits: amicable negotiations
The trend being emulated: Private companies promoting negotiations without eminent domain
Dallas Morning News | Bullet Train Developer Drops Lawsuits against Landowners (References the Schwertner bills, SB 626-629)
Private Property Rights. Home Sharing Regulations. 5 Keys to Effective Regulations.
A Wharton School of Business, President Trump’s Alma Matter, features an interview with Wharton’s Kevin Wherbach offering these tips and examples to foster nascent industry:
- Look to the FCC and its treatment of Skype. Skype didn’t fit neatly in industry categoried and regulations. FCC VOIP regulations were written such that the door was left open and Skype flourished by working with regulators.
- Don’t rush to impose traditional rules on ride share companies like Uber.
- Anti-trust case against…
5 Points. Cattle Raisers. Leveling Eminent Domain Playing Field.
The president of the Texas and Southwestern Cattle Raisers Association says the following is necessary to level the playing field for eminent domain:
- There will be a decrease in eminent domain litigation
- A better initial offer makes it less likely that eminent domain will result in a lawsuit
- private property rights are of paramount importance
- property owners are at “a huge disadvantage” in eminent domain actions
- To get a better initial offer, they suport adding more “details up-front for…