Category Archives: land use

Informed Intel. TPPF. 7 Property Rights Recommendations. 2017.

TPPF’s “Legislators Guide to the Issues 2017-2018” offers these property rights recommendations:

  • Shift the burden of proof to the condemning entity thereby away from the property owner
  • Reduce deference to government decisions in property rights matters
  • Restore constitutional right to own and use property
  • Texas Real Proeprty Presenrvation Act should be applied to municipalities
  • Eliminate a threshold taking amount in the Texas Real Proeprty Presenrvation Act
  • Condemining entities should…

Rural Land Use. Solar Farms. 4 Legal and Legislative issues.

  • Solar Leases vs. Mineral Rights. A lease could put a landwoner in conflict with mineral rights
  • Agricultural Tax Exemption Goes Bye Bye.  Solar farms do not qualify.
  • No Agriculture. Solar panels don’t allow for the same agricultural use of land that oil and gas and wind turbines allow.
  • No settled solar law. Oil and gas has 90 years of law and case law to settle disputes. Soalr is a new issue.

Texas Observer | A New Solar Rush Creates Legal Minefield for Landowners

Eminent Domain on Tribal Land halted. 3 Pieces Informed Intel.

What project using eminent domain is being affected? The Dakota Pipeline

What court is intervening to pause work on the pipeline while the legal issues are resolved? The D.C. Circuit

Why are we dealing with the D.C. Circuit? Tribal lands are sovereign lands.

Triple Pundit | Dakota Access Pipeline Halted as Court Reviews Emergency Appeal — But Protests Continue

New Eminent Domain Delicacy in the West. Estimated to Gobble Up 78% of Private Land.

Where: California

What is this new delectable eminent domain tool? community revitalization and investment authorities (CRIA) that allow local governments to redevelop land with eminent domain

The estimated threat of eminent domain: 78% of private property could be threatened by eminent domain.

Eminent Domain isn’t the only concern of property rights activists: If property is included in a CRIA the local governments can fund new bond incremental financing 

In 2011, CRIAs received…

Legal Trend. Property Rights. Land Use. Pokemon.

Get them all! Good for Pokemon players. Not good for property owners whose private proeprty contains pokemons.

Where are Pokemon players gathering in mass? A Florida condo complex

What kind of lawsuit did the condo association file against the makers of Pokemon? Nuisance

The condos lawsuit calls the hoards of Pokemon players “zombies, walking around bumping into things”

Law.com | Fla. Condo Latest to Sue Over Hordes of Pokémon Players

Private Property Rights. 3 Reasons Tiny Houses are often Illegal.

Are zoning laws usually the enemy of tiny houses? Yes. Zoning laws often prevent tiny houses.

  • tiny houses can violate zoning by location
  • tiny houses can be too small to comply with single family residence codes
  • tiny houses can violate codes that require residences be connected to local utilities

What is the argument against allowing tiny houses in zoning ordinances? That property values will diminish by permiting tiny houses

Are tiny houses running amock with building…

Property Rights. Sharing Economy. INTERIM. TREND. Local Short Term Rental Rules from the Midwest.

Which city passed new short term rental rules? Chicago

What was said the councilmembers? 

  • This is about a new economy.
  • Chicago is racing to keep up with new economic drivers.
  • “This is the ‘Jetsons.’ We’re not going back to the ‘Flintstones,'”- Alderman Moreno

How are the new regulations described? “Dizzyingly complex”

What are 5 regulatory highlights?

  • Different types of residences are regulated differently
    • a building with 5 residences, only 1 can be used for short term rental at a…

Sharing Economy. Home Share Regulations. Austin Lawsuit. Be Informed. 5 Bits Intel.

Who filed suit against the City of Austin short term rental ordinance? Texas Public Policy Foundation

What’s the goal of TPPF?  No licenses for property owners who lease out property for less than 30 days

What 2 constitutional rights are alleged in the lawsuit? The Right to Assemble. The Right to Privacy. 

How does TPPF address the argument that short term rentals are nuisances? That the city data does not support the city’s claim that the nuisances warrant special regulation

How…

INTERIM. 4 Ways Eminent Domain is Destroying Texas Landscapes

Let us count the ways that eminent domain is destroying land, irreplaceable landscapes and precious natural resources in Texas:

  • Private companies using land for profit
  • utilities and infrastructure running rampant
  • The proliferation of MUDs
  • MUDs serve private developers 

Wimberley Valley Watershed | How Eminent Domain Abuse is Destroying Texas’ Most Valuable Landscapes