Category Archives: local government trend

Informed Intel. TPPF. 7 Property Rights Recommendations. 2017.

TPPF’s “Legislators Guide to the Issues 2017-2018” offers these property rights recommendations:

  • Shift the burden of proof to the condemning entity thereby away from the property owner
  • Reduce deference to government decisions in property rights matters
  • Restore constitutional right to own and use property
  • Texas Real Proeprty Presenrvation Act should be applied to municipalities
  • Eliminate a threshold taking amount in the Texas Real Proeprty Presenrvation Act
  • Condemining entities should…

Eminent Domain + Abandoned Properties = Resell for Local Government Revenue

Where is this happening? Atlantic City, NJ

What is Atlantic City doing with abandoned property? taking over abandonded property using eminent domain

Is the city keeping the property it takes by eminent domain or reselling it? Reselling it to developers

How does this fit with blight laws? It is “spot blight eminent domain” thereby instead of taking multiple parcels of land, it is specific abandonded parcels of land

Press of Atlantic City | Atlantic City to hold meeting on…

NFIB makes 3 points on compensating business losses

  • It doesn’t matter if the condemning entity only wanted the land and not the business
  • A legal obligation exists to pay “full and perfect equivalent” of what is taken
  • This legal obligation includes when a business is taken

What legal case is involved? South LaFourche Levee District v. Chad M. Jarreau

Tell me what happened? 

  • A Levee District found land to be susceptible to storm surges and flooding
  • The district imposed easement restrictions 
  • The easement restrictions prohibit the…

Southern State. County Resolution. No Eminent Domain for Private Gain.

The State: Tennessee

The County Resolutions: Urge the State Legislature to prohibit eminent domain to benefit private projects

Is this bigger than banning eminent domain for private entities? yes, it calls for a prohibition on government use of eminent domain to benefit a private entity

Jefferson County TN Standard Bearer | Carmichael re-elected as chairman

Eminent Domain to Stop a Land Owner from Selling on the Open Market? oui. si. yes.

I’m confused, what’s happening? Palo Alto California wants to use eminent domain to keep a mobile home park as a mobile home park

What does this do to the property owner? Prevents the owner from selling the land to a developer for other purposes

The public pupose asserted: Maintaining low income housing

Fox News | ‘Flatly unconstitutional’: Mobile park owners fight gov’t bid to block redevelopment

Pipelines v. Farmers. 4 Recommendations to Level the Playing Field.

Where is this happening? Far North Texas, also known as, Colorado. Weld, County, CO

What issue is this editorial confronting? Pipelines that traverse farm land.

What recommendations do they have for pipelines?

  • eminent domain is a privilege, not a threat
  • eminent domain is not a bargaining tool
  • fields should be left in good condition, no cheating on what soil is used for backfill
  • avoid careless mistakes like using sandy soil

The Tribune of Greeley & Weld County, CO | Tribune opinion:…

Sharing Economy. Local Government Bans Short Term Rental Ads. Lawsuit Ensues.

The city: Santa Monica, CA

The short term rental regulations: 

  • No advertising
  • Requires internet providers to provide information about those posting short term rentals for rent
  • Home owners must be home during the rent
  • Home owners must have a business license to operate as a short term rental

the lawsuit: HomeAway & AirBnB sued in federal court asserting 1st Amendment free speech violations, violations of the Communications Decency Act & the 4th Amendment 

Law360 | HomeAway,…

Update: Special District Moves to Condemn Private Utility on the Left Coast.

The local governmental entity: South San Joaquin Irrigation District

The private utility: PG&E facilities in  Ripon, Escalon, and Manteca

The purpose for condemning the private entity: Saving the residents of the irrigation district at least 15%

Current status: In July the irrigation district filed eminent domain proceedings

The potential attorney fees: Looking for a guide to the Missoula, MT eminent domain acquisition of a water utility, attorney fees could be more than…

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