How 1 Legislature Addressed. Redevelopment. Blight. Eminent Domain. Read the Legislation.

The State: Utah

The Legislation:  Senate Bill 151 from 2016 General Session

What Senate Bill 151 requires in a development and tax incentive deal:

  • If a taxing entity involved in an incentive deal wants to make a finding of blight, it must:
  • Form a committee with the other taxing entities
  • All the taxing entities must agree to verify the blight finding & agree to eminent domain.

Salt Lake Tribune | Op-ed: Data center is a sound investment in Utah’s future

Was Peach State's Eminent Domain Ban Authored by a Supporter of Pipelines?

Yes, it was. State Representative Hitchens in a pipeline supporter & author of the 1 year ban on eminent domain.

Why? What pushed him over the edge? A private property rights supporter, a veteran, a retired law enforcement officer, a wildife supporter, and it had been 23 years since Georgia grnated private companies the power of eminent domain.

The 23 year time span since authorization was the tipping point? Partly, Yes. Technologies have changed on pipeline safety. 

What landowner…

Take a Peak. Finalized Pipeline Commission. Rules on Eminent Domain.

Background: Georgia legislatively haled eminent domain by private companies while it assessed how pervasive private eminent domain use is.
 

The official name of the commission:  Joint State Commission on Petroleum Pipelines

What types of individuals were appointed by the Georgia Governor to the Eminent Domain Commission?

  • Savannah-based local petroleum provider 
  • An environmental nonprofit executive
  • President of Stuckey Timberland, Inc.
  • Mayor of Odum
  • President of Nipper…

Eminent Domain Delays Cost Time and Money. Case Study Rail.

California is building a state funded high speed rail system.

Is the project behind schedule? Yes. The 1st segment moved its completion date from March 31, 2018, to August 2019. 

What is causing the delay? Acquiring land which means Eminent Domain Delays.

How many land parcels are required for the Valley portion of the high speed rail first leg?1,590 parcels of property. 841 parcels were secured as of last week.

For 1 segment, the Fresno-Madera segment, what are the current cost…

Property Rights. Case Study Denton.

Let’s look at how NBC News portrayed the local fracking ban in Denton:

Words used to describe those opposed to fracking: 

  • NBC’s words: 
    • not a lot of experience
    • committed
    • driven
    • “inspiring victory for grassroots organizing and local democracy”
  • The supporters description of the opposition:
    • “were in Vladimir Putin’s pocket and were trying to protect Russia’s share of the global natural gas market”
    • People in Denton ” lacked the sophistication to address technical matters like…

INTERIM. Sharing Economy. Statewide Short Term Rental Regulation in the Land of Technology.

What’s happening with short term rental regulation in California? The Legislature is pursuing statewide regulation

What do home sharing comapnies like Home Away and AirBnB support? A tax collection bill, SB 1102

Why do cities and labor groups oppose in SB 1102? It shields the names and addresses of their hosts

The Recorder | Five Bills to Watch in the California Legislature

Eminent Domain for Reservoir. How a Legislature Bypassed Normal Eminent Domain to Save Funds.

Why are normal eminent domain laws being bypassed? Because eminent domain will be too costly and will take too long

What is the eminent domain project? A dam

Which legislature created this eminent domain loophole? North Carolina

What 5 things do we need to know about this work around to normal North Carolina eminent domain laws?

  • Quick take eminent domain was passed for this project
  • Quick take eminent domain allows the dam builder to take possesion of the land immediately
  • Quick…

Sharing Economy. Private Property Rights. Trade Practices Issues can impact Laws & Regs

What trade partcices allegations are being made against short term rentals?

  • discrimination
  • inconsistent tax collections
  • violations of local health and safety regulations

What’s the solution proposed to curb this? Increased data collection of short term rentals with FTC monitoring

What would this look like as city ordinances or state laws? 

  • Data collection requirement by the oversight agency to record ethnicity of renter,
  • Tax collection data linked to the short term rental…

INTERIM. Private Property Rights. Sharing Economy. Local Government Fines Create Lawsuits.

What local government fines are home share platforms facing?

  • In San Francisco, AirBnB and other home sharing services face $1000 per day fine for every unregisered host
  • In New York, fine anyone who rents a whole apartment for fewer than 30 days, which has been illegal in New York since 2010

What’s the basis for the San Francisco lawsuit? 

  • Feeral law prohibits holding websites legally accountable for the acts of their users

New York Times | Airbnb in Disputes With New York and San…