Category Archives: private property rights

TREND. Courts v. the Lege. Eminent Domain. High Speed Rail.

The competing timelines: 

  • Will the Texas Legislature prohibit eminent domain for high speed rail before the May 29th Sine Die?
  • Will the July 3rd Harris County trial on the issue have the final word?

The brewing issues:

  • Does the high speed rail project have eminent domain authority under Texas statutes?
  • If so, how should land owners and pre-condemantion access to the land work?
    • Sound familiar? It should, its the same issue that land owners in West Texas raised with the Trans-Pecos…

3 Points. Eminent Domain. Legislative Priority.

What entity lists eminent domain as a legislative priority? Empower Texas

What 3 points do they point to as requiring eminent domain reform:

  • Private gain from eminent domain– whether it be private entities using eminent domain authority or local officials benefitting developers
  • Public Use should be roads, water lines or electricity, & not high speed rail developlment
  • Amoritization is just as bad as eminent domain.
    • ​What is amoritization? Changing zoning rules to deprive property…

Why the chant to use eminent domain against Trump Tower? What you Need to Know:

  • NYC is footing the bill. Securing the 58 story building is estimated at $35 million from now until 1/20/2017
  • Donald Trump loves eminent domain. 
  • NY has expansive eminent domain laws.
  • There are safety reasons to use eminent domain.  The security at Trump Tower for hinder traffic, impeding commerce & draining tax payer dollars.

Washington Post | New York should seize Trump Tower

1 Town. 3 Steps to Combat Zombie Property

The town of DeWitt, NY is facing zombies in the shape of  zombie properties. Here’s the town’s strategy to erradicate zombies:

  • Acquire abndonded property via eminent domain
  • Transfer the property to the Greater Syracuse Lank Bank
  • the Greater Syracuse Lank Bank restores the homes
  • The homes are then resold to new homeowners

Eagle News Online | DeWitt Town Board makes strides to combat ‘zombie properties’

Land Use. Municipal Management District Recommendations for 2017.

The Senate IGR Interim Committee Report has a laundry list of municipal management district (MMD) reforms. Here’s what you need to know:

  • Notices to create a MMD must be before legislation is considered
    • This is a change in committee policy
  • New MMDs that overlap also require notice to TCEQ
    • This is a change in committee policy
  • If property owners are annexed into an existing MMD, notice needs to be the same as when the MMD is created
  • New MMDs should ahve a 2nd notice when the new MMD…

3 Recommendations for Eminent Domain Reform. Senate State Affairs.

Senate State Affairs Committee Interim Report offers the following recommendations for eminent domain reform:

  • Property Owner must be fairly compensated. Offers are often unfair, below market.
  • Property owners must be able to recover all or a portion of the costs that they incur
  • Amend the landowner bill of rights to:
    • clarify that some property may be included that the condemnor has no legal authority to condemn
    • offers should separate property that the condmenor wants to purchase and an…

3 Private Property Rights Arguments Against Northern City Regulation of Home Sharing

The City: Chicago

The Current Ordinance Status: Enacted. Full effect December 2016. 2 pending lawsuits involvling the Liberty Justice Center and Goldwater Center. 

The private property rights challenges raised against the ordinances:

  • extra tax on home sharing
  • limit on number of units in a building that can be rented through home sharing platform at a given time
  • property hosts must maintain records on guests

Chicago Tribune | Chicago’s Airbnb home-sharing rules are ‘draconian,’…