CAMPAIGN TREND. Property Rights Proposition with Broad Repercussions.

Colorado voters in Novmebr 2018 will vote on an Amendment  which concerns private property rights of whether drilling can occur near neighborhoods has broad implications:

  • Colorado’s  top  oil  and gas drillers  are  subsidiaries  of  Texas companies
    • The companies have contibruted millions opposing the campaign
  • Oil and gas service companies will be impacted, many of which are home to other states
  • Investors impacted: financial services & private equity groups 

Red River Radio | Colorado…

Campaign TREND. Buzzwords supporting eminent domain reform.

A West Virigina Congressional race features opposition to eminent domain for a pipeline with messaging that

  • shows conservatives and liberals agree in their opposition
  • the public sees no benefit when their land is taken for a pipeline
  • the public sees no benefit when, gasp!, the gas moves overseas

When is eminent domain permissible to the candidates?

  • “clear and strong public benefit”
  • no revolving door from oila nd gas agency oversight to oil and gas industry work

WVTF | 9th Congressional…

3 Reasons. Change of Heart. Colorado Eminent Domain Proposition from Oil and Gas + Farm Bureau.

The Colorado Gazette did a 180 on its position on the “private property rights” constitutional amendment 74, prop. 101, supported by the Farm Bureau and oil & gas interests.

The proposition question: “Shall there be an amendment to the Colorado constitution requiring the government to award just compensation to owners of private property when a government law or regulation reduces the fair market value of the property?”

Why the 180?

  • too broad that it threatens property rights
  • costly to…

TREND. Reform Eminent Domain. Save the Economy. Editorial.

A Colorado Editorial on propsoition, Amendment 74, calls for passage to save the economy, for these 3 reasons:

  • must do everything to protect property rights, or investors will not trust to invest
  • it will end activists and politicians from atacking property rights
  • no one should lose a private investment without compensation. Amendment 74 fixes this.

The Gazette | EDITORIAL: Pass Amendment 74 and save the economy

REFRESHING OUR RECOLLECTION ON AMENDMENT 74:

4 Reasons Colorado’s Eminent…

3 Reasons Private entities should use and have eminent domain authority.

Testifying before the Texas House Land and Resource Management Committee, the Institute for Poilicy Innovation says private entities should have the power of eminent domain because:

  • policymakers should remain neutral in how eminent domain is applied to private industries
  • “Government should not be the only entity to exercise eminent domain” because then only government would be building infrastructure
  • “private sector build(s) as much of our infrastructure as possible, with private risk…

3 Problems with Eminent Domain in Texas. Hello 2019 Legislative Session.

Texas and Southwestern Cattle Raisers Association’s Opinion: Texas landowners subsidize pipelines and powerlines says this happens in 3 ways:

  • profits often outweigh the rights of landowners with some pipelines & transmission lines
    • agents may pocket any money budgeted that isn’t paid to land owners
    • disincentivizes fair offers to landowners
  • Intimidation. The team of lawyers of pipelines and transmission line companies
  • adequate offers are essential so landowners are treated like partners…

4 Reasons Colorado's Eminent Domain Proposition for Land Owners is Not Good.

The Colorado Municipal League opposition to  Initiative 108/amendment 74 is:

  • “taxpayers as a whole will suffer dramatically”
  • “tax dollars may go more toward fighting lengthy lawsuits”
  • municipal services would suffer- police, parks, trash service
  • it will “halt local government”

Post Indepdent Citizen Telegram | Proposed Colorado Amendment 74 ‘reckless and dangerous,’ say muni officials. 

Property Rights. +1 Activist Move to Limit Short Term Rentals to a Single Property.

Where: New Orleans

Association backing limitation: Residents for Ethical and Sustainable Tourism (REST)

Limitation on short term rentals proposed: 

  • only full time residences would qualify
  • valid homestead exemptions must exist
  • home owners must comply with safety regulation

Curbed | A proposed ordinance would limit short-term rental licenses to one per homeowner

3 Reasons to "Revolt over Eminent Domain"

The American Conservative’s “Why the Public Must Revolt Over Eminent Domain” calls for a public revolt because:

  • Too much falls into Public Use. The Supreme Court in Kelo allows for a broad use of eminnt domain due to the broad interpretation of “public use”
  • Eminent Domain Abuse. State courts, federal circuit courts, and the U.S. Supreme Court have all failed to protect people from eminent domain abuse
  • Cronyism. Only the public can stand up to “cronyist land grabs”

What triggered this? Boise…

ACTIVIST TREND. Regulatory Takings Reform. 2019. Texas. 4 Legislative Reforms.

  • Zoning should be a regulatory taking
  • Compensation should be triggered by any regulation that reduces propety value by 25%
    • Works in tandem with restoring a property right in property use
  • The Texas Real Private Property Rights Preservation Act should be amended to apply to municipalities
  • Condeming entities should be able to issue “waivers” that run with the property in lieu of financial compensation

 

Texas Public Policy Foundation Legislator’s Guide to the Issues 2019