- Does a development project, that receives, some public financing qualify the entity to use eminent domain in Arkansas?
- No one at the Little Rock Tech Park Authority knew for sure.
- But, a former elected official, of the Democrat persuasion, put of staunch resistance to eminent domain authority
- What’s the problem for them with using eminent domain?
- Costs more money to use eminent domain than to negotiate
- Any time spent in court fighting over eminent domain costs the project time and…
Category Archives: land use
Land Dispute Forces City into Bankruptcy
A $15 Million legal bill forced a Kentucky city to file for bankruptcy.
How did this happen? A suburb of Louisville had a land dispute with a trucking school that spent years in court.
What was the legal dispute? Land use. The trucking school had been leasing land from the city with an option to buy. The city never allowed the school to buy the land. The trucking school had business losses as a result and the court agreed, ruling in favor of the trucking school.
What judgment was…
Texas Citizens Link Harm to Private Properties from Economic Development.
Bloomberg: The Tiny Town that Hates Elon Musk
Background: Boca Chica, with its 26 residents, is home to Space X launch site. Space X has a safety plan for launch days:
- The Safety Plan limits the town residents movements on launch days.
- Texans don’t love being told what to do, when to do it. They’re an independent lot.
- SpaceX’ will be sweeping the beach with drones and video surveillance.
- Texans love private property rights and don’t love drones spying on them.
What the residents…
Land Use Trend : Bypass Long Permitting Process via City Council
The California Supreme Court last August ruled that if a project gets enough signatures to put it on the ballot, a city council can approve it without going to voters and without a California Environmental Quality Act review.
It is a ruling that is like sugar plm fairies dancing in the dreams of retail developers.
A 200 acre retail development in Carlsbad is moving forward under this ruling, side stepping requirements of state environmental review and voters.
Lege Trend: State control over the Federal Land Management
11 states are bandying about 36 pieces of legislation to gain state control over federal land management.
Supporters say the state should control land within its boundaries. Opponents, like the Center for Western Priorities issue reports entitled, “Going to Extremes: The Anti-Government Extremism Behind the Growing Movement to Seize America’s Public Lands.”
Polls say 52% support federal control over the public lands. But in these large western states, like Nevada where 85% of the…
Former Dallas Cowboys Real Estate Development = One Unhappy Landowner Facing Eminent Domain.
A Dallas man, who “wanted to stay where the hell he was and be left the hell alone,” is facing eminent domain to make way for a roadway for real estate development deal. That’s the jist of this Dallas Observer piece.
The piece says the public reason for the taking of his property is straightening an intersection 2 blocks away, but alludes to the real reason being a real estate development by former Cowboys.
Here’s what the landowner says transpired:
- Dallas Public Works recommended taking…
Empower Texas Turns to Property Rights
Empower Texas is highlighting Houstonian barry Klien, founder of Houston Property Rights Association. In 1992, he founded Houston Property Rights Association to fight against zoning in Houston. Houston Property Rights Association has been active since.
Empower Texas highlights that “Because of his work, the Property Rights Foundation of America called him, “one of the most respected property rights activists in the nation.” With Klein’s tireless efforts and wealth of knowledge, he…
160 Year Old Property Rights at Heart of Lawsuit
Say you own property near a Native American reservation. Say you have to use a county road to reach your property, but the county road runs through tribal lands. Does the soveriegn authority of the tribe override your property rights to an easement that you have enjoyed?
Time will tell. Tribes in New Mexico are cutting off access to county roads that traverse tribal lands. Some non-tribal lands, that are wholly surrounded by tribal lands, may have no access to and from their…
Land Use Legal Trend: Low Income Housing Requirements. Are these Local Ordinances Inverse Condemnation?
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 &…Lege Trend: Short Term Home Rentals