Anatomy of a Annexation & Tax Initiative. Vote Thresholds.

Where: California’s Initiative – Tax Fairness, Transparency and Accountability Act of 2018- is gathering signatures for November 2018 ballot

What would the Tax Fairness, Transparency and Accountability Act of 2018 require for annexation?  Require residents in the land to be annexed to vote

 

What would the Tax Fairness, Transparency and Accountability Act of 2018 require for a tax on the newly annexed property?  Require a 2/3 vote approval for taxation of the newly annexed land

The Signal Santa Clarita Valley | New tax act initiative could change city’s annexation processes

Property Rights TREND. TX Attorney General Opinion. Civil Asset Forfeiture Funds. 3 Facts. No Fluff. Be informed.

In KP-0200 (2018 | TX) the Texas Attorney General answered this question:

whether an attorney representing the State may use civil asset forfeiture funds accrued under article 59.06(c)(l) of the Texas Code of Criminal Procedure to insure real property forfeited to the State

Can civil asset forfeiture funds be used for insurance for the forfeited property? Probably yes

Why is this use of forfeiture funds permitted when it isn’t on the statutory list of uses? 

  • TEX. CODE CRIM. PROC. art. 59.06(d-4) allows use of these funds that preserve, administer or enforce state law
  • Buying insurance helps the state if it wins or loses in court.
    • it protects the assets if the state wins
    • it mitigagtes losses if the state loses in court

 

Local Bond Measure Fails = No Eminent Domain. 3 Results for Local Businesses

Where is this happening? Wichita Falls, Texas

What bond measure failed with 75% voting against it? A proposed municipal center

What happened as a result of the failed bond measure?

  • The businesses located at the proposed municipal center site were not taken via eminent domain 
  • The businesses have noticed an increase in business
  • “”It brought back a local interest from people that kind of thought well they’re gone,” Ward said.

News Channel 6 Now | Bond-election reawakens interest in downtown WF businesses

Legal TREND. Property Rights to Food Vendor Trucks. 5 city tour of food truck ordinances/

5 Cities where the Institute for Justice is/has been legally fighting food truck ordinances in:

  • San Antonio
  • El Paso
  • Louisville
  • Baltimore
  • Chicago
  • Gibraltar Wisconsin

The argument supporters of food truck rights are using: fighting economic protectionism

IJ.com | Fish Creek Food Truck owners Threatened with Fines Fight Back

Local TREND. Eminent Domain for an Animal Shelter

Sevier County, Tennessee, is considering eminent domain to take possession of a county animal shelter that is without an operating contractor.

Where did the idea of eminent domain for an animal shelter come from? the Sevier County Budget Committee

How was eminent domain received by the commissioners? “I am always very reluctant to use the power of condemnation unless absolutely necessary. Therefore, I continue to believe the best solution for our citizens and the animal welfare is for the cities and the county to agree on the second proposal, working with experienced people on a short-term shelter, while continuing the process of building a county and cities operated facility.”

Sevier News Messenger | County Considers Seizing Sevier County Humane Society Property through Eminent Domain. 

Local TREND. Property Rights. Noise and Light Ordinances. Wind Turbines. 6 Requirements.

An editorial in DeKalb County Illinois is calling for local restrictions on a new wind farm that would address:

  • light pollution
  • minimize the disruption of blinking red lights
  • minimal or eliminated shadow flicker from the blades blocking sunlight
  • consistent setback requirements

What should be required of the wind energy companies:

  • pay the cost to improve roads
  • guarantee property values

Who should be protected by the ordinance(s) according to the DeKalb editorial:

  • land owners 
  • rural residents

Daily Chronicle | Our view: Wind turbine ordinance should protect, respect property rights

Campaign TREND. Regulatory TREND. High Speed Rail + Amtrak = Eminent Domain?

Background: 

  • 2016 Surface Transportation Board did not authorize eminent domain for Texas Central Rail proposed high speed rail between Dallas and Houston
  • A 2018 partnership with Amtrak triggered a request for reconsideration of the 2016 eminent domain issue

Campaign TREND.

  • HD 8 primary run-off candidate Cody Harris says the following about eminent domain use and high speed rail:
    • “dishonest and deceitful scheme by Texas Central”
    • “attack on rural property rights”
    • ” transparent assault on the sovereignty of Texas”
    • “Texas Central now realizes the only way to get what they’re after is to take their case before the bureaucrats and special interests in the DC swamp”

Corsicana Daily Sun | Harris Blows the Whistle on High-Speed Rail Scheme to “Borrow” Eminent Domain Authority from Amtrak

Palestine Herald Press | Harris accuses Texas Central of land grab; company touts jobs

Ft. Worth Star Telegram | Why the makers of Texas’ high-speed rail line want to connect to Amtrak

 

Legal TREND. City + Private Entity + Agreement = Unlawful Eminent Domain in the Mistletoe State

Where: Muskogee Oklahoma

What propety was taken for what type of project? To expand the parking lot of a VA Call Center, the City took a residential property

What did the residential landowners tell the court? that the taking was to “serve a private purpose deprived them of a property interest without due process in violation of state and federal constitutions”

What did the city say was the reason for the parking lot? Safety and transportation 

The appellate court: An agreement between the city and the building owner showed that the taking of the residential property served a private purpose.

Muskogee Phoenix | City settles eminent domain claims