Category Archives: local government trend

INTERIM STUDY. Relocation Costs Primary Issue. South Dallas Water Sewer Project. Project Halted. Eminent Domain Practices Examined. The Key Informed Intel.

What public project does Dallas want to build? A draingage tunnel project

How long has the family lived on the land? 60+ years

What does the property owner say? Can she buy another piece of similar property to live? She says, no, she can’t. In her words: ““My house is paid for — been paid for,” said Freddie Baker, 86. “They’ve got to give me enough money to pay for whatever I want, and I’ve got to live better than I’m living. I ain’t giving away nothing.””

Did the…

2 Texas Eminent Domain Opponents that moved Dallas City Council to Make 5 New Eminent Domain Changes

What oppositions to eminent domain influenced new eminent domain protocols in Dallas?

  • Texas High Speed Rail’s “substantial muscle”
  • Marvin Nichols Reservoir’s “powerful East Texans have joined in the “no more bullying” cry”

How has Dallas City Council adapted its eminent domain protocols?

  • “delay the votes [ on  a waste water project eminent domain ] and instead demand that City Hall start doing business differently”
  • concerns over relocation costs, and adequate compensation to purchase…

Legal Trend: The US Supreme Court Refuses 2 Eminent Domain Cases. What does that mean?

California Building Industry Association v. City of San Jose

  • Keeps in place the California Supreme Court ruling that an affordable housing ordinance is not a taking of a developer’s proeprty
  • It applies to developments of 20 more more units and requires 15% to be affordable

Beacon Resources Inc. v. W. Virginia DOT

  • A fight over the value of mineral rights. The state wants coal land. The satte wanted to ensure lost profits were not included. The court refused.
  • The case has been remanded…

Eminent Domain Sparks Mayoral Candidacy in Flower Mound

Which Flower Mound mayoral cnadiate was motivated by eminent domain? Janvier Scott

What is her eminent domain tale? Flower Mound took her property in 2015 and use that property for othr private businesses.

What does she say about the eminent domain process?

  • “extremely financially and emotionally expensive”
  • “not something I would want for any other resident”
  • “I know what it is like to be bullied by our town officials”

The Leader | Scott looks to protect Flower Mound’s resources

Rally to Oppose Texas City Taking Auto Shop Property Because Auto Shops Are Not Hip

Where’s this rally taking place? Dallas

Why a rally? An immigrant owned auto shop doesn’t fit a retroactively imposed zoning restriction 

So, what’s the Dallas plan for this part of town? Turn Ross Avenue into a gateway to the city’s art community

Surely the auto shop is being compensated for the retroactive land use limitations that will close his business? No, the auto shop position is that no compensation is being offered in the city’s amoritization process.

Institute for Justice…

Eminent Domain. Police Station. Blight. 3 Reasons Property Owners Opposed Eminent Domain.

Kansas City needed a new police station & crime lab in a historically black neighborhood. 

 

3 Reasons why property owners opposed eminent domain for an otherwise nobel purpose:

  • The residents were restoring their historic homes & felt blindsided
  • Eminent domain is a scary process for property owners
  • Previous eminent domain projects had promised economic prosperity for the area & that never came to fruition

 

Know your opposition, like you know yourself.

The Atlantic | Photographing…

INTERIM. SHARING ECONOMY. Property Ownership Fairness Act. 4 Things to Know Before the Activists Arrive.

The Goldwater Institute & CATO  are pushing the Property Ownership Fairness Act that:

  • “requires government to pay you when regulations take away your right to use your property and reduce the value of your property.”
  • allows for regulation and the use of eminent domain but there has to be notice, so if the government changes the rules of the game, then the property owner should be compensated
  • it’s modeled after Arizona’s 

What does this Act apply to? Short Term Rental ordinances….

Legal Trend Cities Cannot Block Anti-Eminent Domain Signs

Which court ruled that anti-eminent domain signs can’t be prohibited? The 4th Circuit Court of Appeals

What was their ruling? The sign ordinance is a content-based regulation that does not survive strict scrutiny. That’s lawyer code for the ordinance violates the 1st amendment. 

What did the city argue to support their ordinance? That the ordinance is content nuetral and applies equally to all messages.

Central Radio Co. Inc. v. City of Norfolk, No. 13-1996 (4th Cir. Jan. 29, 2016)

…

2 Keys Why Farmers Oppose Eminent Domain by a Special District for Power Lines

  • blanket opposition to the use of eminent domain
  • opposition to eminent domain that adds a new layer of power lines as opposed to upgrading existing power lines
    • power lines increase farming costs by  $200 an acre per year
    • power lines increase the dangers of crop dusting

Where is this happening? California

What’s the special district using eminent domain? Sacramento Municipal Utility District

Why does this matter? The issue is the same in Texas for any private entity that needs to…