Apple meets Rapid Transit and Eminent Domain. The Big Dog is Apple. Eminent Domain Role Reversal.

What transportation project may impact Apple facilities? Bay Area Rapid Transit (BART) wants to connect San Francisco to San Jose by adding BART down the penninsula.

An Apple facility is part of the plan? Yes, an Apple facility is planend to be used for construction and may be a transit hub.

How is eminent domain playing? Officials are concerned that eminent domain will be expensive as Apple has spent millions on upgrades to the facility

Business Insider | A secret Apple warehouse is…

Be Aware. New Texas Lawyers Bone up on Eminent Domain. 3 Points of Intel to Know Now.

This year Texas law schools began offering classes specifically focused on eminent domain.

UT’s class will  look at the “tension between the public’s need to accommodate growth and private property rights.” u of H will follow this fall with a similar course.

UT’s class is believed to be the only class in the nation focused on private proeprty rights & eminent domain.

 

 

 

TRENDING: Eminent Domain for Drug Prices. 3 Key Pieces of Intel.

A group of physicians writing in the Washington Post argue the federal government should be able to use eminent domain for drug prices. 

The intel:

  • The federal government has the power to use patents
  • The federal government has used this “eminent domain” power of drugs in 2001
    • It was used as leverage during the 2001 anthrax attacks when the federal government suggested it would import the drugs rather than buy the drugs through Bayer. Bayer lowered its price and reached an argeement with…

INTERIM. Private Property Rights. Sharing Economy. Short Term Rentals. Lege Trend from Pacific.

Your informed intel:

The Legislature: Hawaii

The Bill passed: Hawaii’s  HB 1850 

The short term rental tax: 

  • Who is collecting the tax? The tax broker short term lease facilitator (HomeAway, AirbNb)
  • Which taxes are being imposed? general excise tax & transient accommodations tax
  • Supported by short ter rental companies? Yes

Concerns:

  • Is there enough accountability for the sharing economy companies?
  • Sharing economy companies should be held accountable for illegal camping,…

Legal Trend. Property Rights. Sovereign Immunity. Deer Breeders v. TPWD Wasting Disease Enforcement.

The property right: The Business of Deer Breeding

The lawsuit: Deer breeders sued the Texas Parks & Wildlife Department in Feburary 2015 over the taking of their property 

What was the property taking alleged by the property owners? The culling of the deer population was tantamount to a taking of private property by eminent domain

What happened in the lawsuit? TPWD claimed sovereign Immunity & the state district judge non-suited the case.

San Antonio Express News via the Chronic…

Private Property Rights: Drone Registrations. 2 Texas Companies.

Which texas companies were certified under the new drone certification system in Texas? HUVRdata (Austin) & Aviation Unmanned (Addison)

What entity does the drone certification? Texas A&M University System via its Corpus Christi campus and its engineering extension service

How is industry using drones?  wind-power, oil and gas and transportation industries to provide aerial inspections and mapping, and for port and border security and coastline monitoring

Houston Chronicle | First…

INTERIM. Sharing Economy. Private Property. Southern State Strikes Deal on Taxes & Short Term Rentals.

Which Southern state struck a deal with AirBnB? Alabama

Which Alablama taxes will be collected by AirBNB?

  • The state’s Transient Occupancy Tax
  • local lodgings taxes, if the responsibility for collection of those taxes has been assigned to the state’s tax office

is this an outlier tax agreement? No, it follows a model that other states & local taxing jurisdictions have followed

Birmingham Business Journal | Alabama strikes deal with Airbnb on tax collections

Washington Post | Airbnb…

Did the denial of eminent domain by state regulators force the sale of a $1.1 billion pipeline? Possibly yes.

What state regulators refused eminent domain powers for a pipeline? Georgia

Why did Georgia deny eminent domain authority? For reasons including that the pipeline would not provide any direct benefit for Georgia, the pipeline only went through the state without dropping off goods in the state.

What happened after the denial of eminent domain by state regulators? 4 things.

  • Delay
  • A legal appeal of the denial of eminent domain
  • the company announced that the project may be completed…