Category Archives: legislation trend

Texas Attorney General Opinion. Land Owner Liability.

What question is being answered: whether Chapter 75, Title 4 of the Civil Practice and Remedies Code appl[ies] to private property owners on whose property agro-tourism related private aircraft lands.

What is the answer:  Yes, if:

  • a property owner conducting agritourism on his or her agricultural property invites or grants permission to individuals to enter the premises of the property for recreation
  • and, if all other elements of chapter 75  are met
  • that would include injuries or damages…

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. 

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

ACTIVIST TREND. Private Property Eminent Domain Reform. 2019. Texas. 3 Legislative Reforms.

  • Shift burden of proof from land owner to condemnor
  • Reduce court deference to local governments and state agencies in proceedings
  • Restore a constitutional right to USE  property

TPPF Legislator’s Guide to the Issues 2019

Lege TREND. Property Rights. Required Disclosures by Contractors.

California Legislature passed SB 1465 (2018 | CA)  would require contractors:

  • to report settlements  concerning construction defects within 90 days
  • if settlements were for more than $1 million
  • concerned multifamily residences
  • The Contractors State License Board would hold the records

Daily Californian | Bills to increase balcony safety pass California State Legislature 

Legal Trend. Pre-condemnation Taking. Pipelines. 2 Reasons Libertarians Side with Land Owners. WHO. WHAT. WHERE. IMPACT.

WHO: The libertarian Niskanen Center

WHAT: Libertarians, supporting landowners over a FERC permitted pipeline in a dispute over pre-condemnation access, offer these 2 reasons for siding with Landowners over economics:

  • DUE PROCESS FOR LANDOWNERS “No court has ever held that property owners can be forced to wait indefinitely for the constitutionally-required hearing on the taking of their land, and this Court should not be the first,”
  • FERCs approval process violates landowners’ constitutional…

New Kid on the Block. Anatomy of a Rural Association. 9 Types of Members +2 Unexpected Issues

WHERE: Oklahoma

WHAT: New Oklahoma Rural Association

WHO are members of the ORA?

  • energy
  • agribusiness
  • manufacturing
  • financial services
  • equipment
  • utilities sectors
  • including associations like: Farm Bureau, American Farmers and Ranchers, the Cattlemen’s Association
  • corporations
  • &  landowners.

Additional Issues they will engage the Legislature on:

  •  education
  • health care

The Oklahoman | New Oklahoma Lobbying Group to represent rural communities