Category Archives: legislation trend

Eminent Domain in Texas By the Numbers.

  • About 50% of states allow landowner owners to recover attorney fees in successful eminent domain challenges
  • 85% of land owners accept the final offer
    • Texas Civil Justice Leage found that 50% of landowners would go to court if they could be awarded attorney fees on a successful result
    • Florida which permits attorney fees awards has not experienced any of the negative results
  • 77% of land owners who take their eminent domain case to court receive 20% or more than the final offer

Houston…

3 Points from Eminent Domain Pits Property Rights vs. Energy

Background for article: A land owner who was offered  less than $50,000 for mile-long swath of pasture and oak trees that abuts the family cemetery, and a commissioners court awarded more than $600,000.

How the article sets up land owners v. energy:

  • Landowners claim that not allowing a land owner who prevails to be awarded attorney fees “​provides incentives for utilities, pipeline companies and government entities to undervalue properties in eminent domain takings”
  • Energy industry argument…

LEGAL TREND. TX Judge Enjoins Pre-condemnation Access Surveys

The legal fight: Texas Central Rail and Grimes County

The court:  506th District Court in Texas

The judge’s words: The defendants (Texas Central Partners) and their agents are permanently enjoined from performing surveys or other studies which damage, alter or impair county maintained rights of way,”

What Grimes County says it does: prevents Texas Central Rail from exercising precondemantion surveys  & Texas Central Rail does not have eminent domain authority

What Texas Central Rail says it…

What's ALEC saying about eminent domain and high speed rail?

ALEC on eminent domain for high speed rail:

“Of course, a great many public use transportation infrastructure projects ultimately need to use eminent domain to be able to reach completion. Specifically, railroads, including those in Texas, have long had to resort to eminent domain to provide a bene t to the public as have highways and other public infrastructure. And the truth is that trying to build a railroad (or highway) without some sort of eminent domain is nearly impossible. “

“Like the…

Lege Trend. Southern State Wants to Tax Home Share Rentals. 3 Key Bits of Information.

State: Mississippi

The tax proposal on home sharing: 

  • is triggered if a person rents out their home, or a portion thereof for less than 90 days
  • must remit 7 %state sales tax on gross revenue from the rental and related charges
    • other charges include: such as soap, coffee, food or other amenities
  •  requires collection and remittance of any applicable local government “hospitality” taxes

Clarion Ledger | Mississippi Dept. of Revenue pushing to tax Airbnb, other rentals like hotels

Private Property Rights Trend. Great Northwest. Sharing Economy Regulations with Ownership Limit.

City: Seattle

The proposed home sharing ordinance:

  • requires hosts to get a short-term rental operator’s license with the city
  • no city restrictions on the number of nights on a primary residence
  • hosts can own 2 properties within seattle under the ordinance

NBC K5 Western Washington | Seattle Councilmember proposes Airbnb regulations

Legal Trend. What happens when a state defines private property right as a "fundamental right?"

The state: Virgina

The legislative action at issue:  In 2003 the VA Constitution added:

 “That the General Assembly shall pass no law whereby private property, the right to which is fundamental, shall be damaged or taken except for public use.”

The VA Supreme Court: What happens if the Court rules that the right to private property is fundamental:

  • shift zoning cases to judges, from local governments
  • zoning cases will have heavier scrutiny
  • court dockets would be clogged

News Leader | How…

Private Property Rights. Short Term Rentals. Republican in Sunshine Breaks Ranks. Makes 3 Points.

The Republican Chairman of the Regulated Industries Committee that heard Florida’s proposed statewide short term rental bill said the following in opposition to the bill:

  • He’s an advocate for local control of vacation rentals
  • He offered an amendment to preserve local control, his county attorney opposed the amendment
  • He brings the bill up for a vote, and votes no. There were more than ample ayes to pass the bill.

Palm Coast Observer | Florida State Senator Travis Hutson | Here’s what’s…