Category Archives: process & procedure

Land Use TREND. Protecting Golf Courses from Redevelopment. Read the Bill.

Nevada’s SB SB251 (2019 | NV) would prevent immediate redevelopment of golf courses unless the following is met:

  • require public meetings
  • require environmental impact study
  • require a minimum amount of open space
  • require evidence to a governing body that the golf course is no longer “financially viable” before any redevelopment is approved
  • require any structures built on the converted land be set back 100 feet from any existing building
  • require a golf course owner to continue maintenance of…

Texas Polling. Eminent Domain Reform. What do I need to Know?

The Texas Farm Bureau poll on eminent domain reform support found:

  • 89% support financial penalties for low offers
  • 80% favor ” bad faith” penalties when offers are less than 1/2 of a property’s value
  • Party identity produced similar results
  •  ” broad consensus” that the process is often unfair

CenTexProud |  Survey: support for eminent domain reform

 

Lege TREND. Constitutional Amendment. Eminent Domain.

 

The state: North Carolina

The bill: HB 3 (NC | 2019)

The new Constitutional provision:  “private property shall not be taken by eminent domain except for a public use. Just compensation shall be paid and shall be determined by a jury at the request of any party.”

Richmond Observer | Goodman, GOP lawmakers want eminent-domain restrictions in constitution 

Legal TREND. Railroads and Eminent Domain in Texas.

Which side is singing praises of a court order? Opponents to high speed rail

What is the court order? A district court order states that two companies, concerning high speed rail, “are not a railroad or interurban electric company.” The order applies to 3 counties.

Why does this matter? The power to condemn property with eminent domain is derived from the status as a railroad.

Why does the power of eminent domain matter? In addition to land aquisition, it also allows the company onto land to…

Lege TREND. Texas State Representative Eminent Domain Supports 3 Changes. Hello to you Pipelines & Transmission Lines

Texas State Representative Brad Buckley at his first townhall since the Leiglature convened made these points about eminent domain:

  • Stop companies from acquiring land with inadequate compensation
  • Disclose exactly what will be built
  • Disclose exactly what will be buried (Bonjour pipelines and transmission lines)

Kileen Daily Herald | Buckley holds first town hall since election to District 54 seat

Lege TREND. Constitutional Amendment Reigning in Eminent Domain + Adding Natural Gas + Utility Connections

North Carolina House Bill 3 (NC | 2019)  does 3 things:

  • removes public benefit from the Constitution and requires public use for eminent domain
  • clarifies that natural gas distribution facilities have eminent domain authority
  • clarifies that connecting customers to utilities is a pulic use

 

2 Ways Bill Strengthens Property Rights. Actual Progress Higher Standards.

HB 1253 and SB 554 (TX | 2019)  will:

  • Requires a condemning entity to fulfill 3 of 5 actions to avoid repurchase by the landowner
    • Current standard is 2 of 7
  • Eliminating purchase of adjacent property as indicative of actual progress

Navasota Examiner | Leman files bill to enhance private landowner rights 

Lege Trend. 2 Limits on Pre-condemnation Access in Texas

HB 1242 (TX | 2019) prohibits pre-condemnation access for high speed rail unless TXDOT determines that the entity seeking access is a railroad.

HB 1245 (TX | 2019) will grant:

  • landowners the ability to refuse pre-condemnation access
  • allow recoup of damages during surveying
  • landowners can negotiate terms of surveying

Lufkin Daily News | ASHBY: Legislative work begins in earnest

Lege Trend. 1 bill. Land Owner Compensation + Precondementation Access Limitations.

Virginia’s SB 1421 (VA | 2019) will:

  • Compensation. Require consideration of “everything a buyer and seller in the marketplace would reasonably consider, but may not consider any increase or decrease in the fair market value of the property caused by the public use for which the property is being acquired, or by the likelihood that the property would be acquired for such public use, other than that due to physical deterioration within the reasonable control of the owner.”
  • Permission to Enter…

Lege Trend. Texas Eminent Domain Bills. 5 Points from the Authors

Senate Bill 421 (TX | 2019) and House Bill 991 (TX | 2019) authored by Senator Kolkhorst and Representative Burns would, according to the authors:

  • penalize companies for intentionally low-balling landowners during negotiation
  • put landowners “on an even footing,
  •  more transparent, fair and accountable eminent domain process.”
  • costs won’t climb because eminent domain cases will become less heated, so companies will be able to acquire land more quickly and spend less on legal fees.
  • the…