On Wednesday, the US Supreme Court applied the 8th Amendment’s ban on “excessive fines” to states and local agencies.
Bonjour! to all state bills on asset forefeiture limitations you’ve found your newest ally.
Category Archives: legislation trend
Property Rights. Extend Hold on Annexation from 1 to 5 years. Read the Bill
State: Texas
Legislation: SB 746 (2019 | Texas)
What is it extending related to annexation? The time period for annexation from 1 year to 5 years, after a failed annexation by signature
Cleburne Times Review | Schwertner files annexation bill
Legal TREND. Railroads and Eminent Domain in Texas.
Which side is singing praises of a court order? Opponents to high speed rail
What is the court order? A district court order states that two companies, concerning high speed rail, “are not a railroad or interurban electric company.” The order applies to 3 counties.
Why does this matter? The power to condemn property with eminent domain is derived from the status as a railroad.
Why does the power of eminent domain matter? In addition to land aquisition, it also allows the company onto land to…
Lege TREND. Eminent Domain. Telecoms. Broadband for Rural Areas. Read the Bill.
Georgia’s House Bill 22 (2019 | GA) would allow electric membership cooperatives to offer broadband, and to uild out broadband access through their power of eminent domain.
WSB TV | Georgia House wants local utilities to provide broadband
Lege TREND. Texas State Representative Eminent Domain Supports 3 Changes. Hello to you Pipelines & Transmission Lines
Texas State Representative Brad Buckley at his first townhall since the Leiglature convened made these points about eminent domain:
- Stop companies from acquiring land with inadequate compensation
- Disclose exactly what will be built
- Disclose exactly what will be buried (Bonjour pipelines and transmission lines)
Kileen Daily Herald | Buckley holds first town hall since election to District 54 seat
Lege TREND. No eminent domain for private renewable energy
Nebraska LB 155 (NE | 2019) eliminates eminent domain authority for private renewable energy facilities.
This bill retains eminent domain authority for consumer-owned electric supplier.
Public Meetings for Private Eminent Domain. Transmission Lines v. Pipelines in Texas via Texas and Southwestern Cattle Raisers Association
In Texas transmission lines present a proposal to the Texas Public Utility Commission and pubic hearings occur.
In contrast, in Texas common carrier pipelines do not have similar requirements.
Texas and Southwestern Cattle Raisers Association are calling for greater transparency in eminent domain.
Morning Ag Clips | Public meetings on eminent domain a good start
Lege TREND. Constitutional Amendment Reigning in Eminent Domain + Adding Natural Gas + Utility Connections
North Carolina House Bill 3 (NC | 2019) does 3 things:
- removes public benefit from the Constitution and requires public use for eminent domain
- clarifies that natural gas distribution facilities have eminent domain authority
- clarifies that connecting customers to utilities is a pulic use
2 Ways Bill Strengthens Property Rights. Actual Progress Higher Standards.
HB 1253 and SB 554 (TX | 2019) will:
- Requires a condemning entity to fulfill 3 of 5 actions to avoid repurchase by the landowner
- Current standard is 2 of 7
- Eliminating purchase of adjacent property as indicative of actual progress
Navasota Examiner | Leman files bill to enhance private landowner rights
Lege TREND. Anatomy of a Statewide Short Term Rental Bill.
State: Massachusetts
The bill: H4841 (MA | 2018)
What does this statewide short term rental bill do?
- register with the state
- minimum of $1 million in insurance
- 5% tax to the state
- Cities can impose an additional 6% tax
- Creates state affordable housing fund
- funded by 3% tax on property owners with 2+ short-term rentals in the same city
- Exempts properties rented for fewer than 14 days/year
Governing | As Airbnb Battles Cities Trying to Regulate It, One State Joins the Fight