Private Property Rights. Home Sharing Regulations. 5 Keys to Effective Regulations.

A Wharton School of Business, President Trump’s Alma Matter, features an interview with Wharton’s Kevin Wherbach offering these tips and examples to foster nascent industry:

  • Look to the FCC and its treatment of Skype. Skype didn’t fit neatly in industry categoried and regulations. FCC VOIP regulations were written such that the door was left open and Skype flourished by working with regulators.
  • Don’t rush to impose traditional rules on ride share companies like Uber.
  • Anti-trust case against…

Just the Facts. SB 627. The Eminent Domain Package via Senator Schwertner.

SB 627

  • The author list: Schwertner | Birdwell | Burton | Creighton | Hall | Huffines | Kolkhorst | Nichols | Seliger | Zaffirini
  • What it does: Sets up rules for precondemnation access such as:
    • An owner can refuse entry
    • A condeming entity has to pay for damanges done during precondemnation access and inspection
    • If a condemning entity uses a permission form, the form has to meet 4 standards
  • What’s the hook?  Currently pre-condemantion access has very few rules

 

Just the Facts. SB 628. The Eminent Domain Package via Senator Schwertner.

  • The author list: Schwertner | Birdwell | Burton | Campbell | Creighton | Hall | Huffines | Kolkhorst | Nichols | Zaffirini
  • What it does: 
    • ​eliminates acquiring property as progress for a project that qualifies for eminent domain and thus repurchase of the property if the project isn’t moving
    • requires a condeming entity to meet 3 of 5 , instead of 2 of 7, elements that define project progress
  • What’s the hook? The talk of eminent domain being used for projects but then never…

Just the Facts. SB 626. The Eminent Domain Package via Senator Schwertner.

SB 626

  • The author list: Schwertner | Birdwell | Burton | Creighton | Hall | Huffines | Huffman | Kolkhorst | Nichols | Seliger | Zaffirini
  • What it does: Requires a separate offer for any property “not reasonably necessary to complete the public use” 
  • What’s the hook? The land in this additional offer wouldn’t otherwise trigger eminent domain 

 

Tarheels work new eminent domain grant- to connect customers. 3 Points to Know + read the bill.

North Carolina Legislature is considering HB 10 which would extend the authority of eminent domain by allowing it to connect customers. The bill’s language:

“Connection of Customers. – For the public use, private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this section shall possess the power of eminent domain and may acquire by purchase, gift, or condemnation any property for the connection of any customer or customers.”

At the…

No eminent domain for private gain. Cornhuskers target Energy.

A bill to allow for private sale of electricity in Nebraska also includes a laundry list of eminent domain prohibitions for all electric generators and distributors.

Nebraksa’s LB 660 would prohibit eminent domain for:

  • generation
  •  transmission
  • distribution

If that isn’t enough, a stand alone bill calling for no eminent domain for the electric industry also exists in LB 547

Omaha World Herald | Nebraska lawmakers introduce bills that would end public power companies’ monopoly, use of…

Property Rights. HOA. Mailbox Mandates Lose in Court.

The location: Prince George’s County, MD

The HOA requirement: identical $500 monogrammed mailboxes in a community of $1 million homes

The court found: the mailbox rule was a no-no and a slipper slope (against property rights)

The legal fees home owners to win: $33,000 and 7 years

Are mailbox mandates the new political signs, flag poles et.al?

Washington Post | In a community of million-dollar homes, a fight over a $500 mailbox ends in court

Property Rights. Asset Forfeiture. Transparency. 2 Legislative Goals.

Goals of asset forfeiture transparency laws:

  • lay out how forfeiture is being used
  • hold law enforcement accountable

Institute for Justice criteria for reviewing asset forfeiture transparency laws:

  • Tracking Seized Property
  • Accounting for Forfeiture Fund Spending
  • Aggregate Forfeiture Reports
  • Accessibility of Forfeiture Records
  • Penalties for Failure to File a Report
  • Financial Audits of Forfeiture Accounts

Institute of Justice | State and Federal Governments Must Improve Forfeiture…