Category Archives: legislation trend

Lege Trend. Eminent Domain & Property Owner Compensation. How Does Texas Measure Up?

Compensation & Valuation:

  • TX + 28 states use the Broad Instruction Approach
    • Broad Instruction Approach provides minimal instruction on compensation
  • 17 states use the Factor Based Approach
    • Factor Based Approach specifically lays out what considerations should be followed by the court in determining the fair market value of the land. 
    • Seeks to ensures that relevant information is considered in every condemnation case 

A consideration for Texas:

Adopting “a Factor Based or Specific…

Eminent Domain Laws Across the US. Attorney Fees. Quick Info. How does Texas measure up?

Attorney Fees:

  • TX awards attorney fees if the condemnor doesn’t make a bonafide offer
  • 40 other states award on a broader basis
    • 4 states use as standard of 110% of condemnor’s offer 
    • Colorado uses a standard of 130% of condemnor’s offer 
    • 2 states use a standard of 120% of condemnor’s offer 
    • 2 states use a standard of 115% of condemnor’s offer 
    • 6 states use a standard of any amount over the condemnor offer
    • 1 state uses a standard of “closer to land owner’s value than condemor’s…

Lege Trend. Private Property Rights in Advertising Your Property. Advertising Replaces Preemption.

State: Utah

How did Utah end up protecting the right to advertise your property on AirBnB? 

  • The legislature left cities and counties with the ability to regulate short term rentals
  • But, the Legislature provided statewide protection by permitting advertising of your property on AirBnB platform. 
  • The advertising provision replaced a preemption provision. 

Utah House Bill 253 (2017) 

Moab Sun News | Rentals bill shifts focus to online advertising

 

State prohibits Eminent Domain in Water Safety Bill. 4 Key Points.

State: Florida

Legislative Fix: 

  • Increase a reservoir capacity
  • Stop overflows of toxic “guacamole water” into the state’s rivers and streams

The Eminent Domain issue:

  •  Eminent domain authority amendments failed
  • SB 10 prohibits the use of eminent domain

FLORIDA SB 10 (2017)

Florida Politics | Senate approves plan to fix Lake Okeechobee, end algae invasions

3 Points. AirBnb Agreement with Comptroller Hegar.

AirBnB has entered into an agreement with the Comptroller’s Office that requires:

  • Guests will be required to pay the  6% hotel occupancy tax
  • The 6% tax will be assessed beginning May 1st
  • AirBnB will collect and remit the tax

It is estimated in 2016, AirBnB would have generated $8 million in hotel motel taxes.

Dallas Morning News | Airbnb to start collecting hotel taxes in Texas beginning May 1

Lege Trend. Eminent Domain Limits by Industry. Rail Industry edition.

State: Indiana

The eminent domain legislation: 

  • heightens the public use standard
  • puts into state law a federal appraisal standard
  • limits the amount of land that can be taken, tying all the land to the public use

Northwest Indiana Times | Rail eminent domain changes win legislative approval

Indiana House Bill 1260 (2017)

1 Pending Texas Central Rail Landowner Lawsuit. 3 Things to Know.

  • A lawsuit from 78 year old property owner and a countersuit by Texas High Speed Rail had a hearing this week
  • What put them into court was whether the rail could have pre-condemantion access to the property to survey it
  • What kept them in court, when Texas Central Rail, had dropped other similar lawsuits, was that this lawsuit wanted Texas Central Rail to admit that it did not have eminent domain authority

No ruling yet from the Court. 

KBTX | Leon County landowner meets high speed rail…

Lege Trend. Attorney Fee Awards Green Light with interesting exception.

State: Michigan

Bill language from Michigan: 

 SEC. 6. IF A COURT DETERMINES THAT GOVERNMENT ACTION BY A DEPARTMENT OR AGENCY RESULTED IN A CONSTITUTIONAL TAKING OF PRIVATE REAL PROPERTY AND THAT THE DEPARTMENT OR AGENCY DID NOT COMPLY WITH SECTION 4 IN REGARD TO THE REAL PROPERTY, THE COURT SHALL ORDER THE DEPARTMENT OR AGENCY TO PAY THE PRIVATE REAL PROPERTY OWNER FOR HIS OR HER REASONABLE ATTORNEY FEES AND COSTS. THIS SECTION DOES NOT APPLY IF THE GOVERNMENT ACTION WAS AN IMMEDIATE…

Eminent Domain Compromise. Public Need Permit with Citizen Appeal.

The Georgia Legislature passed House Bill 413 which sets for an eminent domain compromise for privately owned pipelines that:

  • requires a 2 step permit process
    • Permit #1 is environmental and for the length of the entire pipeline
    • Permit #2 is from the Georgia DOT that grants a public need permit to authorize eminent domain
  • the permits can be appealed by citizens when the permits are granted

Savannah Morning News | Georgia lawmakers pass compromise pipeline bill

Lege Trend. Legislatures declaring certain projects are not public use.

Maine Public Utilities Commission’s staff is urging a statewide ruling that underground storing og liquified natural gas is not in the public interest.

The impact of these types of actions:  No eminent domain authority.

Maine Public Radio | Proposals to Store Natural Gas Criticized