Welcome to the Future!
This month the Texas Supreme Court ruled that local transportation projects are exempt from the 2005 Kelo fix to Texas eminent domain laws.
What part of the law did the Court find the exception in?
“[t]his section does not affect the authority of an entity authorized by law to take private property through the use of eminent domain for: (1) transportation projects, including, but not limited to, railroads, airports, or public roads or highways…”
So… what are legal types saying?…
New Mexico Legislature wants their Transportation Agency and Wildlife Agency to talk to each other to develop a transportation plan to protect wildlife from vehicles.
Most likely solution? Wildlife underpasses
Why? Wildlife and motor vehicle accidents carry a $20 million per year cost to the state
Legislatively how did this come about? An amendment to an eminent domain bill.
KOB 4 | New Mexico wants to protect cars and animals from each other
The 2 umbrella assocaitions in the bruhaha:
What land was taken? a 9,500-square-foot parcel that for 30 years operated as a salvage parcel
What compensation was given by the state? $65,000 and a new entry 110 feet away and shared by other retailers
What did the jury say?
State of Texas v. Skyway Holdings LLC, No. 0015-04-083
Marrs Ellis & Hodge | Owners of Texas Business Win $500,000 Jury Verdict in Eminent Domain Dispute
Business: RVezy
What is RVezy?
Watch for regulations & legislation on:
Markets Insider | Another First for the RV Sharing Economy: Canada’s RVezy Launches IOS & Android Ap
Where: Universal City, Missouri
What: A road expansion project requires the acquisition of property.
How will eminent domain be used? The city’s position is to not use eminent domain on any owner occuppied property.
Universal City Patch | Olive/170 Project Raises Hopes And Fears In University City
Where: Farmington, Utah
How did the city council in Farmington Utah protect a 6th generation farm? By designating the farm an Agricultural Protection Area
What protections does an Agricultural Protection Area offer?
can the designation be renewed? Yes.
Why is…
The 3 pending eminent domain issues that could reshape land use in Houston, Texas:
State: Virginia
The bill: SB 308 allows you to drive while intoxicated if and only if:
Washington Post | Bill allowing drunken driving on private property passes
The state that prohibits eminent domain with grant funds: Indiana
The grant funds that prohibit eminent domain: State Community Development Block Grant Main Street Revitalization Program, which requires local matching of $150,000 for a total $600,000 grant
The local government project that will use the grant funds: widen, replace and extend sidewalks in Georgetown, Indiana in connection with the River Hills Economic Development District and Regional Planning Commission.