- Land: Wildlife Preserve land at the Border
- Eminent Domain Use: Border Wall
- ABC 10 | Texas wildlife refuge could become fierce battleground over Trump’s proposed border wall
- Land: Landowners around the Lost Pines Groundwater Conservation District
- Property Rights Issue: Whether landwoners with no well in an aquifer can protest a permit
- Statesman | Groundwater district appeals judge’s ruling for Bastrop landowners
- Property: Deer and deer breeder licenses
- Property Rights Issue: What…
Category Archives: 2019 legislative issue
Anatomy of a Compensation Award. From $11,000 to $1.1 Million.
State: Ohio
Eminent Domain Use to take: 0.338 acres of land for an overpass and bridge by the Ohio Turnpike and Infrastructure Commission
The Ohio Turnpike and Infrastructure Commission sues and the initial eminent domain award: $11,865, the last settlement offer
The landowners appealed the initial eminent domain award to a jury that awarded: $1.1 Million in damagfes reflecting the land owner’s appraiser’s appraisal
Cleveland Scene | Jury Awards Lorain Family $1 Million in Damages in Ohio…
An economic development and private property rights tie?
During discussion of a Navarro County, TX resolution designed to protect private property rights, the Economic Development director asked this question:
- whether an economic impact study on the communities to be affected by the railway?
The response: No, such an economic impact study had not been undertaken.
A clarification: An economic impact study, which was released in October 2015, that showed every county touched by the project — rural and urban could receive significant, long-term tax…
Campaign TREND. 4 Republican candidates TXHD 14. 4 Different Opinions on Property Rights.
Davis: Eminent Domain should not used by private entities
Laningham: No eminent domain for the bullet train, which is not a public benefit
Raney: taking someone’s property should be a respectful negotiation that satisfies the landowner
Texeira: follow the law and properly compensate landowners, otherwise landwoners should get a good lawyer
Lege Trend. Short Term Rental. Dueling Legislation & Local Regulations.
Background: IN 2011 Florida passed a law provided for local regulation, but not for the duration or frequency of short term rentals.
Local Cities Say No thank you: After 2011, Miami and Miami Beach passed their own restrictions, with penalties of $20,000
Welcome to 2018. SB 1400 vs. HB 773 at the Florida Legislature:
Lege Trend. Eminent Domain Compensation. New Calculations for Lost Profits for Businesses & Farms. Read the Bill.
Virginia Legislature is considering SB 809 that reframes lost profit for eminent domain property valuations by:
- applying lost profits to businesses & farms
- applies to a partial taking of land
- the valuation calculation begins once the property owner is prevented from using all of his land or any property rights are taken.
Lege Trend. 4 Property Value Requirements in this Eminent Domain Bill. Read the Bill.
Utah is considering HB62 which looks to re-define property valuation for eminent domain by requiring the value include:
- any impact from the public project for which the property was taken
- anything a prudent purchaser would consider in determining the market value of the property after the taking
- access to the property that exists after the taking
- and the value shall not include in the property value will be the property tax assessment
This Texas State Representative Describes Eminent Domain as driven by…
Cecil Bell believes eminent domain reform is a “constituent-driven dialogue”
His concern about eminent domain: ” got to do a better job as a state in trying to figure out how to balance between the intended very limited use of eminent domain and processes like that and where we find it being used today”
Let’s diagram State Representative Bell’s eminent domain concern:
- The big bad: how eminent domain is being used today is not balanced & the eminent domain scales are tipped against…
The $1 trigger for attorney fees. Eminent domain in the Field of Dreams.
In Iowa if a landowner challenges the value of a property taken by eminent domain, the land owner can have his or her attorney fees covered if he or she shows in court that their property was undervalued by at least $1.
Bristol Herald Courier | Sioux City, property owner battle over price for trail land
Eminent Domain Compensation. Highest and Best Use Calculations in the Palmetto State. Writing Your Eminent Domain Bills for you.
To determine just compensation for property taken by eminent domain in South Carolina, an appraiser determines the highest and best use of the land by:
Considering a “property’s highest and best use must be physically possible, legally permissible, financially feasible, and maximally profitable.”
Highest and best use applies even if the landowner has no intention of using his or her property in that manner.
Lexology | How “Highest and Best Use” Can Substantially Impact Just Compensation for…