Category Archives: private company

Refreshing our Recollection | Disclosure of Building Defect Settlements | READ THE BILL

California Legislature passed SB 1465 (2018 | CA)  would require contractors:

  • to report settlements  concerning construction defects within 90 days
  • if settlements were for more than $1 million
  • concerned multifamily residences
  • The Contractors State License Board would hold the records

Daily Californian | Bills to increase balcony safety pass California State Legislature

Legal TREND. The US Supreme Court & Pipelines

The US Supreme Court may consider the Mountain Valley case.

What’s Mountian Valley about? Landowners are claiming the natural gas pipelines used eminent domain unconstitutionally because land is taken in states in which there is no benefit realized.

How did the landowners fare at the 4th Court of Appeals? landowners lost but because the court’s didn’t have jurisdiction not on the constititional issue.

 Washington Post | Landowners ask Supreme Court to hear Mountain Valley case

Eminent Domain = Crony Capitalism Economic Development. 3 examples

 

  • increased economic activity from eminent domain projects are not always realized
    • for example, the land taken in Kelo v. New London remains vacant
  • In Wisconsin eminent domain is being used for a FoxConn economic development project
    • After the use of eminent domain, the same taxpayers will subsize FoxConn salaries 17 cents on the dollar
  • the border wall showcases that not all landwoners are receiving adequate compensation amind allegations tha tonly wealthy landwoners are being…

CAMPAIGN TREND. Property Rights Proposition with Broad Repercussions.

Colorado voters in Novmebr 2018 will vote on an Amendment  which concerns private property rights of whether drilling can occur near neighborhoods has broad implications:

  • Colorado’s  top  oil  and gas drillers  are  subsidiaries  of  Texas companies
    • The companies have contibruted millions opposing the campaign
  • Oil and gas service companies will be impacted, many of which are home to other states
  • Investors impacted: financial services & private equity groups 

Red River Radio | Colorado…

Local TREND. Opposing Eminent Domain that benefits Developers. WHERE. What. HOW.

WHERE: East Brunswick New Jersey

WHAT: A policy proposal by Republican Candidates for Council and sitting council members to stretch to the tax dollars by limiting “giveaways” to developers

HOW: By prohibiting eminent domain to benefit developers

East Brunswick Neighborhood News | East Brunswick Republican Candidates Release Plan to Stretch Tax Dollars

Campaign TREND. Buzzwords supporting eminent domain reform.

A West Virigina Congressional race features opposition to eminent domain for a pipeline with messaging that

  • shows conservatives and liberals agree in their opposition
  • the public sees no benefit when their land is taken for a pipeline
  • the public sees no benefit when, gasp!, the gas moves overseas

When is eminent domain permissible to the candidates?

  • “clear and strong public benefit”
  • no revolving door from oila nd gas agency oversight to oil and gas industry work

WVTF | 9th Congressional…

Lege TREND. Eminent Domain Compensation legislation for 2019.

Ashby reiterates his support for his 2017 eminent domain compensation bill, HB 3687 (2017 | TX) that would:

  • strengthens bona fide offer
  • additional dislcosures of appraisal reports
  • additional detail disclosures for easements
  • hold harmless clause for the land owners
  • nongovernmental entities have to escrow or bond the trial court award for a landowner before appeal
  • an attorney fees trigger mechanism for nongovernmental entities
  • shifts property taxes to the condeming entity 

Lufkin Daily…

3 Reasons. Change of Heart. Colorado Eminent Domain Proposition from Oil and Gas + Farm Bureau.

The Colorado Gazette did a 180 on its position on the “private property rights” constitutional amendment 74, prop. 101, supported by the Farm Bureau and oil & gas interests.

The proposition question: “Shall there be an amendment to the Colorado constitution requiring the government to award just compensation to owners of private property when a government law or regulation reduces the fair market value of the property?”

Why the 180?

  • too broad that it threatens property rights
  • costly to…

3 Reasons Private entities should use and have eminent domain authority.

Testifying before the Texas House Land and Resource Management Committee, the Institute for Poilicy Innovation says private entities should have the power of eminent domain because:

  • policymakers should remain neutral in how eminent domain is applied to private industries
  • “Government should not be the only entity to exercise eminent domain” because then only government would be building infrastructure
  • “private sector build(s) as much of our infrastructure as possible, with private risk…