Category Archives: special districts

How many 2017 Texas Lege bills mix special districts & eminent domain?

36+ local bills can continue to be filed after March 10th

HB 1056  Relating to the powers and duties of certain water districts, including the power of eminent domain.

SB 2139  Relating to the creation of regional transit authorities; granting the power of eminent domain; providing authority to issue bonds and charge fees; creating a criminal offense.

HB 1986  Relating to the creation of regional transit authorities; granting the power of eminent domain; providing authority to issue bonds…

2006 Eminent Domain Reform. Halts Blight Revitalization. 3 Key Pieces of Information. Read the 2017 Legislative Fix.

  • In 2006, Georiga passed eminent domain reform by way of House Bill 1313
  • The problems with HB 1313 from 2006
    • eminent domain used on blighted properties causes a block on a city re-selling the property for 20 years
    • cities can no loner acquire multiple parcels for redevelopment purposes
  • The 2017 legislative fix
    • allow for the creation of an “urban development authority”
    • the urban development authority would be allowed to:
      • eradicate blight and spur economic development
      •  provide…

Show Me State. Show Me Property Rights. 3 Points informed: intel

  • demand responsible routing of utilities along property lines, boundary lines or section lines
  • require minimized land damage
  • Limits the amount of PSI exerted on soil

What supporters say: “protects our property rights from those who would steal our land for their own profit.”

How does the bill apply? It applies to all condeming entities BUT only to agricultural land.

Missouri HB 640 (2017)

Southeast Missourian | Mo. Agricultural bills

Private Property Rights. Court Rules Against MMD. Property Owner Petitions Gone Awry.

The municipal managment district: Montrose Municipal Management District

The amount of assessments that triggered a property owner suit? $6.6 Million in assessments

What have the courts said? The Montrose MMD assessments were unlawful

What did the Court say the MMD did wrong? State law requires commercial property owners to sign off on the MMD and assessments. The list of signatures by the Montrose MMD included residential property owners who are not assessed by the Montrose MMD

…

House Special District Committee & Senate IGR Mirror Recommendations. The details:

House Committee on Special Purpose District 2016 interim committee report makes the following recommendations:

  • Follows Senate IGR to recommend committee policy changes requiring local notices for annexation & MMDs before legislation is considered 
  • Use of standard MMD language
  • A committee check list:
    • Enforce existing and additional notice requirements outlined in Recommendation No. 1 (Notice requirements);
    • Enforce the use of the MMD Standard Language described in Recommendation No. 2a…

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…

Texas Eminent Domain Data. See What the Researcher's Did with the Data.

Eminent Domain by the numbers:

  • 5, 042   total entities with eminent domain authority
  • 211 the number of times eminent domain authority was exercised in 2015
  • 1227 the highest number of entities within a county that have eminent domain authority
    • the #1 county: Harris
  • 239 the 2nd highest number of entities within a county that have eminent domain authority
    • the #2 county: Dallas
  • 30% of entities with eminent domain power are Municipal Utility or Water Districts
    • 2/3 of the 30% are…

Southern State. County Resolution. No Eminent Domain for Private Gain.

The State: Tennessee

The County Resolutions: Urge the State Legislature to prohibit eminent domain to benefit private projects

Is this bigger than banning eminent domain for private entities? yes, it calls for a prohibition on government use of eminent domain to benefit a private entity

Jefferson County TN Standard Bearer | Carmichael re-elected as chairman

New Eminent Domain Delicacy in the West. Estimated to Gobble Up 78% of Private Land.

Where: California

What is this new delectable eminent domain tool? community revitalization and investment authorities (CRIA) that allow local governments to redevelop land with eminent domain

The estimated threat of eminent domain: 78% of private property could be threatened by eminent domain.

Eminent Domain isn’t the only concern of property rights activists: If property is included in a CRIA the local governments can fund new bond incremental financing 

In 2011, CRIAs received…

Meet Texas New Eminent Domain Crusader.

How does a landowner whose land is in the path of a proposed water pipeline cause a legal quagmire? Create a special district- a Conservation District.

How do 2 special districts resolve eminent domain over another’s land? The courts are deciding whether the land can be taken.

What have the courts said about dueling eminent domain authority of special districts?The TX Supreme Court ruled in favor of the Conservation District lands on a procedural issue, and now the issue of eminent…