High Speed Rail. 5 Property Challenges.

Which high speed rail authority has property challenges? California High Speed Rail What Property challenges? Eminent Domain. Acquiring Property Landlord. It has acquired property that isn’t actively used but must be maintained. Toxic Land. It has to remediate toxic land it obtained Actively engaged in agriculture. To obtain a right of way, it had to […]

Eminent Domain by Private Entity = Sovereign Immunity

Which court is considering whether a delegation of eminent domain authority include sovereign immunity? 3rd Circuit in In re PennEast Pipeline Company, LLC, — F.3d — (September 10, 2019), What did the court say about sovereign immunity and eminent domain? Not happening unless there is a clear statement in the delegation Yale Journal on Regulation […]

Public Vote on Rail Authority. Including Whether Eminent Domain Authority Exists.

Where: Pueblo County, Colorado What rail project: Southwest Chief & Front Range Passenger Rail Commission’s Front Range Rail What decisions will voters make? taxing authority of rail district eminent domain authority of rail district bonding authority of rail district Who oversees the district? The Southwest Chief & Front Range Passenger Rail Commission is under the […]

Statewide Short Term Rental + Reform of Statewide Measure = Local Ordinances.

Where: Arizona When did Arizona pass statewide law prohibiting local bans of short term rentals? 2016 What did 2019 revisions do to this statewide protection of statewide short term rental rules? local licensing local officials can require information about short term rentals How does Tempe, AZ proposal to regulate short term rentals look? Require contact […]

Border Use of Eminent Domain Investigation by GAO

What will the investigation by the federal Government Accountability Office focus on? Whether the use of eminent domain for the border wall is permissible against private and/or public lands in New Mexico Why would it matter whether the border land is owned by the state or private land owner? There is a stronger argument to […]

TX Attorney General Opinion. Civil Asset Forfeiture.

The Opinion: KP-0267 (2019) Who requested the opinion? Corrections Committee Chairman James White What questions does the opinion answer? “whether a Texas court would conclude that the Eighth Amendment’s excessive fines guarantees are incorporated by the Fourteenth Amendment’s Due Process Clause or, alternatively, by its Privileges and Immunities Clause” “whether· Texas courts would recognize article I, section 13 of […]

Non Profit Distributing Eminent Domain Information to Property Owners.

Where: US -Mexico Border Who: Rachel’s Network What is the target audience of Rachel’s Network? addressing the “other side” of commonly-discussed issues targeting marginalized groups overlooked by media coverage and funding efforts such as translating eminent domain information + landowners’ rights materials into Spanish How are funds being expended? Center for Biological Diversity Texas Civil […]

TREND. No Eminent Domain Limitations.

Where: California What bill did not address raised eminent domain abuses? SB 5 (2019 | CA) A bill to reestablish a redevelopment agencies that were know to have ” abused eminent domain” & replete with “crony capitalism.” How much redevelopment funding is in SB 5? $2 billion a year to the local governments 1/2 of […]

Meet the Resolution of Necessity. Local Government Resolution to Authorize Eminent Domain.

Where: Utah What is a “resolution of necessity”? Utah local governments pass resolutions of necessity to authorize eminent domain actions by government attorneys How much funding is included in a resolution of necessity? The resolution lists the amount appropriated by the local government for the eminent domain taking. Camarillo Acorn | City wants to strike […]

Land Use. 1 TX County. More input. Low Income Housing.

Where: Harris County TX How is Harris County planning on strengthening its input in low income housing development? By passing resolutions supporting developments. What is Harris County’s goal? To prevent what they see as arbitrary denial of low income housing tax credits Community Impact | Harris County seeks to have more influence in tax credit […]