Category Archives: private company

LegalTREND. TX Supreme Court Says Texas KELO fix had MASSIVE hole?

This month the Texas Supreme Court ruled that local transportation projects are exempt from the 2005 Kelo fix to Texas eminent domain laws.

What part of the law did the Court find the exception in?

“[t]his section does not affect the authority of an entity authorized by law to take private property through the use of eminent domain for: (1) transportation projects, including, but not limited to, railroads, airports, or public roads or highways…” 

So… what are legal types saying?…

Lege TREND. Exempt Private Shirt Term Rentals from Taxes

Where: New Jersey

The legislation:  S3158 (2019 | NJ)

What’s the legisltor wanting to do with this? The taxses on short term rentals should hit the companies, like AirBnB, not the individual landowners

So, if a homeowner didn’t use a pltform to rent their home, then there is no tax.

 

Cape May County | Andrzejczak Bill to Exempt Private Short-Term Rentals from Additional Taxes Clears Committee

Legal TREND. The Next Kelo: Build First, Pay Later Takings

What do I need to know: The US Supreme Court is considering a case concerning a Pennsylvania pipeline built by Transcontinental Gas Pipe Line Company (Transco) and landowners Gary and Michelle Erb

Why is this like Kelo? Its another case brought by the Institute for Justice on behalf of a landowner

Forbes | The Supreme Court Should End Pipeline Companies “Build First, Pay Later” Use Of Eminent Domain

3 Ways Republicans are Inconsistent on Eminent Domain

  • Republicans oppose taking land for trails and sidewalks calling it “egregious government overreach”
  • Republicans support allowing foreign corporations to use eminent domain
  • In the state budget Republicans expanded the types of oil pipeline business structures granted eminent domain power

Wisconsin State Journal | Mark Borchardt: Republicans are inconsistent on eminent domain

Lege TREND. Watchdog brings Ethics Complaint Against Lawmaker who Backed Utility Eminent Domain Use

Where: North Carolina

What: A long time lawmaker, whose lawfirm represents a utility, also pushed legislstion to help the utility, allegedly according to an ethics complaint

Why the beef? Because the utility is taking people’s land 

 

Tacoma News Tribune | AP | Group files ethics complaint against N Carolina legislator

Editorial. 3 Reasons Texas Needs Eminent Domain Reform.

San Antonio Express News Editorial, Eminent domain law reform needed, says these are the reasons texas needs eminent domain reform:

  • Texas is going to face a lot of eminent domain in our growing state with its growing energy industry
  • there are a lot of property owner horror stories
  • let’s be fair, there is no harm in transparency

 

Lege TREN. 2 Reasons Texas Eminent Domain will Increase Energy Costs

The Consumer Energy Alliance says SB 421 (2019 | TX) could increase energy costs by:

  • Pipelines will cost more to build
  • The increased cost of pipelines, and delays in building pipelines, will raise feul costs

San Antonio Express News | SB 421 may cause spike in energy costs

 

Property Rights. Mobile Homes.

A Utah based company purchased multiple mobile home parks in Iowa, which is spuring this legislative idea in Iowa:

  •  require 180 days’ notice of rent increases for mobile homes
  • give Iowa’s attorney general more authority to investigate complaints about mobile home park abuses
  •  “good cause” for any evictions fro mobile home parks

Iowa Public Radio | Lawmakers Seek New Protections For Iowa Mobile Home Park Residents

TREND. 3 Reasons Supporting Banning Eminent Domain by Private Entities (Transmission Lines)

Who is saying this? Columbia Missourian Editorial Board & Kansas City Star Editorial Board

What reasons do they give to support the legislation that denies eminent domain to private transmission line entities?

  • companies “should negotiate fair agreements with property owners”
  • comapnies should not use the “threat of condemnation to browbeat property owners into accepting low-cost deals.”
  • eminent domain is for governments and should be used sparingly

MISSOURIAN | EDITORIAL: Lawmakers are right…

Lege TREND. Eminent Domain Comes with Higher Legal Liability for Using it

Recall all the headlines about California utilities going bankrupt because of liability for the wildfires? The liability is high because the utilities have strict liability

So legal mumbo jumbo, strict liability, aside the California utilities have strict liability because they have the power of eminent domain. 

Why the strict liability tied to eminent domain? The policy idea is that if the companies have the  power to take a person’s land they should be liable for the harm that is caused…