2017 special session #1 legislative issues – InfoHive

TX Attorney General Request. Annexation. Fine Owners who vote no?

Question for the Atrorney General to Answer:

Whether it is permissible for a city to impose fees and fines on an unincorporated area within the city’s extra-territorial jurisdiction within five miles of a military base as part of the regulations suggested by a Joint Land Use Study?
Whether San Antonio’s proposed annexation ballot language articulated below meets the standard of definiteness and certainty set forth by the Texas Supreme Court in Reyn…

Georgia Legislature is considering HB 679 which would prohibit annexation effective dates cannot be 90 days before a municipal election.

A Republican State Senator in Florida has filed S 574 (2018) to curb local fees on tree removal.

The arguments to support the legislation:

Republican State Senator who filed the bill says “People’s private property rights should be supreme.”
A developer: Tried building affordable housing and ran up against a local tree ordinance.

Governor Scott Walker of Wisconsin vetoed eminent domain restrictions that:

Governor Walk let stand eminent domain restrictions that:

A House Committee Chaired by a Democrat
” tyranny of an annexation”
taxpayer funded lobbyist
A City of Lubbock committee voted to move annexation of rural lands forward over 100%resident opposition

What does Governor Abbott literay techniques are used to describe forced annexation in his opinion piece, Forced Annexation is Un-Texan?

He goes on to write that Forced Annexation harms the property rights of those annexed by:

debt liability. making newly annexed residents repsonsible for the city debt that they did not approve
there needs to be a…

TPPF position is that tree ordinances are:

Money, Money, Money. Condemnations that require just compensation (see the A.G. Opinion) & they impact the investment and economic opportunities of land owners.
Espresso sipping elitism. the arguments cities made to the A.G. when he reviewed the matter were supported by an east coast liberal law professor
Free Lunch. Can’t let cities get away with getting trees for free. Tree ordinances allow cities to get conservation easements for free.

KP-0155 sets forth the rational as to why tree ordinances are takings of private property. Here’s the 3 step argument:

If a tree ordinance denies “a property owner all economically beneficial or productive use of land;” it is a taking that requires compensation.
If a tree ordinances unreasonably intereferes with use and enjoyment of the property it can also be a taking that requires compensation. You get to this point by looking at 3 issues:
- Is there significant economic impact to the…