Campaign to Fight City Blight Designations. New Private Property Rights Model.

Where is this happening: Ogden, UT

What is the new private property rights group:  Ogden Alliance Against Eminent Domain Abuse working with the Institute of Justice

The city action that sparked the group’s formation: The city seeks to declare a 9 block residential area as blighted

Institute for Justice | Ogden Residents Unite to Fight City’s Bogus Blight Designation

3 Reasons County Commissioner Is Displeased with High Speed Rail.

  • Folks representing high speed rail are entering land without permission
  • Strong arm tactics by folks representing high speed rail
  • The use of eminent domain by private companies like Texas Central Rail

KTRH | Is Eminent Domain Becoming the Norm in Texas?

Your Tomball News | Grimes County Commissioners vote to require high-speed rail officials to provide proof of eminent domain authority

TREND. New Tool for Local Governments? County Building Permits to Stop Eminent Domain.

Which County wants to require county permits before construction on high speed rail may begin? Grimes County, Texas

Is the proposal supported by state lawmakers? Yes. Support has been indicated by Sen. Schwertner, Rep. Schubert, Sen. Birdwell, Rep. Ashby & Sen. Kolkhorst

What would trigger a permit? Any construction crossing a county right of way

What would the application include? A requirement that the entity has state or federal authority to use eminent domain

Are other counties…

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…

Eminent Domain. City Acquires Water Utility. City Alleges Bad Faith.

Which city sought to aquire by eminent domain a water utility? Missoula, Montana

Who does the city allege acted in bad faith? The Carlyle Group

Where did the Courts fall on eminent domain? Montana Courts sided with Missoula to allow eminent domain against the water utility

What bad faith actions does the city allege against the Water Utility & its holding company?

  • fraud
  • negligent misrepresentation
  • deceit
  • breach of fiduciary duty
  • deceptive and unfair acts and practices
  • civil…

Job Creation Leads to Eminent Domain Veto

Which governmental entity vetoed an eminent domain project? Outagamie County Executive 

What governmental purpose was the project fulfilling? A new Sheriff’s department facility

What was the reason for the veto? It came to light a private company would operate the facility and create 100 jobs

WeareGreenBay.com | Outagamie County Executive to veto eminent domain plan

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…