Category Archives: 2017 legislative issues

Hoosiers Raise Stakes for Eminent Domain by Railroads. Read the Bill. Plan your Offense. Plan your Defense.

The state: Indiana

The new eminent domain threshold proposed for railroads: Require railroads in Indiana to meet the same public use standard of local governmental entities as opposed to public use being met because land is condemned by a railroad.

Indiana House Bill 1260 (2017)

Nothwest Indiana | Lawmakers eye higher standards for railroad use of eminent domain

 

Conservatives v. Conservatives. How an Eminent Domain Report Set the Stage for Cannibalism.

In December, informed:intel subscribers will recall a Texas Conservative Coalition report supporting existing eminent domain statutes & high speed rail from Houston to Dallas. 

The New Year brings, new conservative voices making 3 arguments against the report via Texas Tribune :

  • They should have been told. They’re members of your group. You hid this. 
  • The use of eminent domain by a private business (a haute conservative mantra)
  • Your document is unsigned and yet you imply that your…

2 Landowner Concerns After the latest Denbury/Texas Rice Ruling.

  • Is the amount of evidence required to be a common carrier reduced by this ruling?
  • Is the test set up by this ruling apply to more than just CO2 pipelines?
    • The test: a reasonable probability must exist that the pipeline will at some point after construction serve the public by transporting gas for one or more customers who will either retain ownership of their gas or sell it to parties other than the carrier

Texas Agriculture Law Blog | Texas A&M Agrilife | Texas Supreme Court Issues…

Private Property Rights. Court Rules Against MMD. Property Owner Petitions Gone Awry.

The municipal managment district: Montrose Municipal Management District

The amount of assessments that triggered a property owner suit? $6.6 Million in assessments

What have the courts said? The Montrose MMD assessments were unlawful

What did the Court say the MMD did wrong? State law requires commercial property owners to sign off on the MMD and assessments. The list of signatures by the Montrose MMD included residential property owners who are not assessed by the Montrose MMD

…

House Special District Committee & Senate IGR Mirror Recommendations. The details:

House Committee on Special Purpose District 2016 interim committee report makes the following recommendations:

  • Follows Senate IGR to recommend committee policy changes requiring local notices for annexation & MMDs before legislation is considered 
  • Use of standard MMD language
  • A committee check list:
    • Enforce existing and additional notice requirements outlined in Recommendation No. 1 (Notice requirements);
    • Enforce the use of the MMD Standard Language described in Recommendation No. 2a…

INTERIM Committee Report. Land & Resource Management. 4 Recommendations.

Land and Resource Management Interim Committee Report for 2016 makes these recommendations:

  • Excessive and abuse local regulations should be addressed by targeted local bills. (pg. 66)
  • ” A public notice to unincorporated areas of its boundary lines changing due to annexation or ETJ expanding. ” (pg. 71)
  • ” Reconsider annexation reform which will balance the powers between private property owners and municipalities. ” (pg. 71)
  • “Reconsider eminent domain reform to ensure fair compensation…

TREND. Courts v. the Lege. Eminent Domain. High Speed Rail.

The competing timelines: 

  • Will the Texas Legislature prohibit eminent domain for high speed rail before the May 29th Sine Die?
  • Will the July 3rd Harris County trial on the issue have the final word?

The brewing issues:

  • Does the high speed rail project have eminent domain authority under Texas statutes?
  • If so, how should land owners and pre-condemantion access to the land work?
    • Sound familiar? It should, its the same issue that land owners in West Texas raised with the Trans-Pecos…

Business Trend. Land Use Regulations Meet Business Opportunity for Sharing Economy.

Where: Nashville, TN

The Business Rethinking Land Use, Parking Requirements & Transportation: Tri Star Sports & Entertainment Group

What did Tri Star Sports & Entertainment Group Leverage to be granted a variance from parking space requirements for its building epxansion?  The unanimous variance was granted for TriStar to partner with ride share to “pay monthly rates for the commutes for 23 employees, equal to the number of parking spaces” lost to the building expansion

Nashville…

Civil Asset Forfeiture Lege Trend. State #17 Passes Reform.

The 17th state to reform civil asset forfeiture laws: Ohio

What does Ohio’s bill do?

  • Limits the crimes for which civil asset forfeiture is permissible
  • Switches the burden of proof to the state and away from the Defendant
  • Prevents civil asset forefeiture for amounts below $15,000

The opposition:

  • law enforcement organizations
  • Ohio Prosecuting Attorneys Association

Reason.com | Ohio Legislature Passes Civil Asset Forfeiture Reform