2019 legislative issue – Page 3 – InfoHive

Lege TREND. Taxes on Land Taken by Eminent Domain.

Is providing tax relief when land is taken by eminent domain unusual?

No, the IRS provides for it as well allowing for any gains to be rolled into similar investments without incurring an immediate tax on the gains.

Business Advocate | Virginia exempts gain from eminent domain condemenation from its income tax

Refreshing Recollection:

Lege TREND. Tax Breaks When Your Land is Taken By Eminent Domain

The Bill: Virginia’s SB 1256 (VA | 2019)

Would provide a tax break for any gains on a…

Lege TREND. Transmission Line Limitations. More State legislation. Talk to Each other more.

Kansas HB 2317 (2019 |KS) would require transmission companies to provide greater notice to property owners concerning:

equipment installation
requiring public engagement when large metal towns are installed

The new open communication legislative requirements between transmission companies and neighborhoods is only triggered in:

property within corporate limits of a city
if the city limits are at least 1⁄4 mile in length
and the lines are designed for the transfer of 69 kilovolts or more…

3 Points Supporting Private Entities with Eminent Domain

Where: Texas

Who: Institute for Policy Innovation, 32 year old conservative, free-market policy think tank in Dallas

Why: Testimony concerning SB 421 (TX | 2019) .

What are their 3 reasons to support eminent domain by private entities?

Constitution doesn’t limit eminent domain to the government
Limiting eminent domain to the government leads to bigger government
The private sector has market incentives to treat its customer base better than government

IPI | Testimony Before Texas Senate…

Property Rights in Pore Space.

North Dakota’s SB 2344 (2019 |ND) will change how pore space is treated under the law.

What is pore space? The cavernous area beneath the surface that isn’t solid

How is pore space currently treated in North Dakota? It belongs to the surface owner, not the mineral owner

What does SB 2344 do?

changes the definitions for surface ownership to include only solid areas, not cavernous air pockets, or pore space
prohibits a surface owner from seeking compensation for pore space

What industries…

Eminent Domain to Protect Wildlife from Cars. Amend an Eminent Domain Bill When in Doubt.

New Mexico Legislature wants their Transportation Agency and Wildlife Agency to talk to each other to develop a transportation plan to protect wildlife from vehicles.

Most likely solution? Wildlife underpasses

Why? Wildlife and motor vehicle accidents carry a $20 million per year cost to the state

Legislatively how did this come about? An amendment to an eminent domain bill.

KOB 4 | New Mexico wants to protect cars and animals from each other

Texas Polling. Eminent Domain Reform. What do I need to Know?

The Texas Farm Bureau poll on eminent domain reform support found:

89% support financial penalties for low offers
80% favor ” bad faith” penalties when offers are less than 1/2 of a property’s value
Party identity produced similar results
” broad consensus” that the process is often unfair

CenTexProud | Survey: support for eminent domain reform

Lege TREND. Tax Breaks When Your Land is Taken By Eminent Domain.

The Bill: Virginia’s SB 1256 (VA | 2019)

Would provide a tax break for any gains on a forced sale
Applies to residential and commercial land

Bacon’s Rebellion | Taking Some Pain Out of Eminent Domain.

Lege TREND. Constitutional Amendment. Eminent Domain.

The state: North Carolina

The bill: HB 3 (NC | 2019)

The new Constitutional provision: “private property shall not be taken by eminent domain except for a public use. Just compensation shall be paid and shall be determined by a jury at the request of any party.”

Richmond Observer | Goodman, GOP lawmakers want eminent-domain restrictions in constitution