Welcome to the Future!
Where’s this rally taking place? Dallas
Why a rally? An immigrant owned auto shop doesn’t fit a retroactively imposed zoning restriction
So, what’s the Dallas plan for this part of town? Turn Ross Avenue into a gateway to the city’s art community
Surely the auto shop is being compensated for the retroactive land use limitations that will close his business? No, the auto shop position is that no compensation is being offered in the city’s amoritization process.
The US Supreme Court let stand a 5th Circuit ruling in favor of TCEQ. Guadalupe Blanco River Authority had sued saying a TCEQ action caused the death of a bunch of whooping cranes.
GBRA was trying to show a regulatory taking of property, which means something of value had to be taken (whooping cranes) and it was the fault of the government (TCEQ).
In this case, not so much proof of a regulatory taking according to the courts. A win for TCEQ. A loss for lovers of whooping cranes.
Just Compensation for Raisins. Raisins Stand United. California rainsins grew up to be activists that won.
The US Supreme Court ruled in support of raisin producers this week by striking down a New Deal Era provision that allowed the FDA to take a certain portion of raisin crops to control raisin prices.
The FDA exercised this taking in 2002-2003; opening the U.S. market up to foreign raisins.
Do you know where your raisins come from? The Supreme Court favors them coming from the US….
The California Supreme Court this week ruled that developers can be required to provide a percentage of below market cost affordable housing.
Developers had argued that such a requirement was a taking of their property. The Court rejected this argument and found that local governments have “broad discretion to regulate the use of real property to serve the legitimate interests of the general public.”
Posted ininverse condemnation, land use, legal trend
California legislature is considering “SB 593, which would require such “hosting platforms” to give cities and counties the addresses of rental residences, the number of nights the sites were occupied and the amounts the renters paid.” The big players in this business, Air BnB, and Homeaway, are hiring up. California lawyer types are thinking of it as a new test for the sharing economy- ride share, home share, etc… How much flexibility you have with using your home &… Mineral rights owners would be granted clear statutory authority to file suit against local governments when regulations limit use of their property under SB 809 by Van Taylor. SB 809 carves out reasonable regulations that address:
Posted in2015 legislation, inverse condemnation, land use, private property rights
Billboards and the City of Houston have a long history. Like a love affair that thrives on disagreements. The love lasts, but it is a roller coaster. New movement in this relationship. The City & 3 billboard companies (Outfront Media, SignAd & JGI) are in talks to address what the city calls, billboard blight. The bargaining chip offered by the CIty:
TPPF’s legislative recommendations for eminent domain include: New York prohibits fracking. Mineral rights owners and companies with existing leases may file suit claiming that the fracking prohibition is tantamount to the state government taking their private property. The City of Denton passed a proposition to ban fracking. It’s led to lawsuits to stop the implementation of the ban. New lawsuits may emerge from mineral rights owners. Mineral Rights owners could assert that the fracking ban ordinance unfairly restricts their ability to use their property. In short, that the city used a form of eminent domain to take their property and didn’t compensate the mineral rights owners for taking away their ability to extract the minerals.
Posted ininverse condemnation, land use, legal trend, legislation trend, pipelines/common carriers
Lege Trend: Short Term Home Rentals
Bill Filing: Inverse Condemnation Law Suits Meet Fracking Bans
Billboards & City of Houston In Talks
TPPF: Eminent Domain Recommendations 2015
Fracking Ban Leads to Inverse Condemnation Suits
Denton Fracking Ban Leads to Eminent Domain Claims by Mineral Rights Owners