Private Property Rights. Lege Trend: HOA Reform. 5 Point Focus from the East.

South Carolina activists are pushing for Home Owner Association reform. The Legislature has a speical committee studying HOA reform. 

The 7 Hot HOA Topics that stand to be reformed:

  • HOAs collecting fees and not performing basic maintenance like:  clearing  garbage; maintaining a holding pond, or enforcing neighborhood rules.
  • Improve transperancy in HOA funding use
  • Improved conflict of interest standards to keep HOA boards and association management completely separate
  • strengthen HOA…

Private Gain from Eminent Domain Sparks Documentary. Top 3 Concerns from Land Owners

A documentary about a pipeline that would start in Belton, South Carolina, run through Georgia and end in Jacksonville is in the works. The top 3 concerns that emerged from landowners are:

  • A private company using eminent domain to increase profits
  • The pipeline will run through 3 states in areas that are rural and aging, increasing the chance that fewer landowners will be financially able to hire attorneys
  • Land has been in some families for 100s of years.

WAGTV | Local documentary…

INTERIM SHARING ECONOMY: Private Property Rights: In an Airport Taxi Permit?

Who is claiming a property right in a permit? Taxi drivers that hold a permit to service DFW are claiming a property right in the taxi permit for DFW

How did this argument emerge? The DFW airport board amended its rules on ground transportation. Thereafter, the taxis sued Uber and Lyft.

The response from the sharing economy? There is no vested proeprty right in a permit to operate at DFW

Who will decide this dispute? A Dallas County Court

Courthouse News Service | Uber & Lyft Fight…

4 Ways a Legal Trend Pushed an Activism Movement that Forever Empowered Land Owners Against Pipelines.

  • Eminent Domain. Kelo. Lives. Limited Partnerships in pipeline development are still uneasy about access to land via eminent domain
  • Texas Rice Land Partners v. Denbury case empowered landowners to challenge pipelines
  • Legal Process means “significant legal costs and project delays”
  • Ted Cruz the face of Texas politics is no longer business conservatives but is a firebrand

Trib Talk  Bracewell & Giuliani | Obstacles to pipeline development highlight Texas’ conservative split

Golden State Supreme Court to Rule on Pre Condemnation Access. 3 Key Points & the Tie to Mexico Deregulated Market.

What’s the brouhaha? California Appellate Courts have split on how much pre condemnation access to property is permitted.

What’s the case awaiting oral argument in California? Property Reserve, Inc. v. Dep’t of Water Resources, No. S217738 Its about whether a water commission could enter lands for soil testing to further a water line.

Which way did the appellate court rule? The Court of Appeals sided with land owners that the pre-condemnation access was so extensive so as to trigger an…

Update to No Eminent Domain for Power Lines Legislative Trend. Counter Punch with Economic Boon.

To counter Arkansas’ Congressmen opposition to the Plains & Eastern Clean Line transmission line, which would run through Arkansas but not provide electricity in Arkansas, an economic study was released.

Who authored the economic study?  the Center for Business and Economic Research at UA’s Sam M. Walton College of Business

What economic boon for Arkansas did the report show?

  • 30 month construction period
    • $182 million in labor income
    • $664 in economic output
    • 693 indirect and…

Water Rights Meet Eminent Domain. Meet Farmers in Sooner State. 5 Points for You.

Farmers in Oklahoma are joining forces over the use of eminent domain to aquire water rights to allow for the sale of Oklahoma’s water. 

5 Points that will Make You the Expert.

  • Oklahoma sells water to Texas.
  • A grass roots group has emerged, Oklahomans for Responsible Water Policy
  • Grass Roots say farmers support granting eminent domain authority for water rights
  • Farmers say grass roots is wrong, that they are working for the best outcome for farmers 
  • How does this play in Texas? In…

Town of 10,000 Tries Redevelopment. Includes Eminent Domain. Lawsuit on Horizon.

A small town redevelopment effort to revitalize vacant industrial property surprised city council members when it was revealed that the Institute for Justice is interested in the issue. 

The Institute for Justice represents land owners who are facing condemnation or forefeiture of their property. 

The Mount Airy News | Eminent domain issue sparks legal threat

Legal Trend: Quick Take Property When Not Building Roads? Court Says No. How Texas Fits into the Mix.

What’s a quick take? Once an eminent domain suit is filed, the entity exercising eminent domain claims ownership of the property.

Where is this Court that’s limiting quick take of property rights? Ohio

Is the court saying no quick take, that the courts have to decide before the property ownership can transfer to the condemning entity? No, the court says the Ohio constitution limits this ability to the taking of land for roads only.

How does this apply in Texas? In Texas, once an…