Category Archives: legislation trend

1 Pipeline = 2 States Stop Eminent Domain via Legislation + 1 Court Also says No to Eminent Domain.

A pipeline that will traverse South Carolina & Georgia has the 2 states pushing legislation to reign in eminent domain. Let’s look:

The South Carolina bill package will:

  • Establish a 5 year moratorium on pipeline eminent domain use
  • Create a Commission to study eminent domain & make recommendation about pipeline use of eminent domain

The Georgia bill will:

  • eminent domain moratorium until July 2017
  • commission to study the process for awarding private companies eminent domain…

Lege Trend: Licensing of Land Men.

What state is considering licensing land men? Pennsylvania

What requirements are being considered? 

  • land men would be licensed and regulated through the Pennsylvania Real Estate Commission

What was the genesis for this bill? Complaints from landowners that land men were making statements that were untrue about either the impact of a projected pipeline or the power of eminent domain. 

Pennsylvania Senate Bill 991

Reading Eagle | Lawmaker questions conduct of land agents

 

Lege Trend: Adding Requirements to Pre-condemnation Access for Private Companies Using Eminent Domain. Bonjour: Oil, Gas, Electric…

Which state is putting in new requirements for pre-condemnation surveying access for private companies that have eminent domain authority? West Virginia

What are the new requirements for pre-condemantion access? To receive pre-condemantion access to private property, the condeming entity must:

  • send a letter via certified mail
  • the letter must be sent 15-to-60 days before the date of the survey

What sparked this bill? A court stopped precondemnation access for surveyors because public…

Lege Trend: 5 year moratorium on private company eminent domain use.

Which state legislature is moving a 5 year moratorium on private company eminent domain use? South Carolina

What motivated this move? The Palmentto pipeline

What is the Legislature required to do in those 5 years? Study the use of eminent domain, specifically as it applies to pipelines. 

Jasper County Sun Times | S.C. Senate approves scaled-back eminent domain bill

 

Private Property Rights TREND: Air Share Regulations. Sharing Economy. INTERIM.

Is air share on a digital platform permitted? In August 2014, the FAA shut down air share, and limits open seats to friends of the pilot only.

What fix is in the works to allow air share? Congressman Mark Sanford added an amendment for air share to the Aviation Innovation, Reform, and Reauthorization Act of 2016 

Americans for Tax Reform | Planesharing Aims for Liftoff Despite FAA Drag
 

INTERIM. Sharing Economy. Private Property. Southern State Strikes Deal on Taxes & Short Term Rentals.

Which Southern state struck a deal with AirBnB? Alabama

Which Alablama taxes will be collected by AirBNB?

  • The state’s Transient Occupancy Tax
  • local lodgings taxes, if the responsibility for collection of those taxes has been assigned to the state’s tax office

is this an outlier tax agreement? No, it follows a model that other states & local taxing jurisdictions have followed

Birmingham Business Journal | Alabama strikes deal with Airbnb on tax collections

Washington Post | Airbnb…

Lege Trend: Moratorium for Eminent Domain for Pipelines. 3 Quick Bits Informed Intel.

  • Georgia is considering HB 1036 which would create a 1 year moratorium to prevent eminent domain by pipelines
  • HB 1036 creates a 13-member commission of experts from business, agriculture, the environment and related fields to review the process, compare notes with how other states do it, and then prepare legislative recommendations by the end of the year.
  • The author, a Republican, wants greater study of eminent domain and environmental issues.

Savannah Now | House bill would delay…

Campaign Trend: Shaming Eminent Domain Bills. 4 Bits Informed Intel.

  • The Toth v. Brady Congressional race is a he said/he said brawl over who opposed high speed rail first
  • A Toth mailer says Brady authored & voted for eminent domain for high speed rail as a state representative in 1993
  • Brady says the 1993 bill removed eminent domain from pirvate companies building high speed rail
  • Political Scientists call it grossly inaccurate

Your News Houston |  Brady: Toth high-speed rail mailer a ‘lie’

Fox 26 | Eminent Domain Attack advertisement deemed grossly…

Private Property Rights Trend: New Laws Prevent Data Gathering on Lands Outside City Limits. 5 Bits Informed Intel.

What type of land is being protected from researchers that want to gather data? Private property outside, the supporters point mostly to farm & ranch lands

What kind of data are they gathering? All sorts, such as water quality 

What do opponents to these new laws requiring permission to gather data on land say?

  •  it prevents people from taking pictures of wildlife and scenery from public places
  • the true intent is prevent the exposure of pollution
  • the state trespassing laws violate…

TAMU Student Senate Passes Resolution Opposing Eminent Domain. 3 Elected Officials Speak Too.

Why does Texas A&M Student Senate oppose eminent domain? The proposed high speed rail that would traverse rural Texas triggered the vote

What did the elected officials, who were present, say about eminent domain? “Their resounding message was that voting in favor the Eminent Domain Opposition Act is akin to advocating for the protection of property owners.”

Which State Representatives and State Senators participated in Texas A&M Student Senate eminent domain debate?

  • Sen. Charles…