Texas State Rep. 3 Points on Eminent Domain Review and Reform.

Texas State Representative Ernest Bailes op-ed in the Houston Chronicle makes these points about a need to review eminent domain laws:

  • Growth and development lead to eminnt domain challenges for land owners
  • Need to ensure fairness in eminent domain statutes
  • Fair compensation for land owners is very improtant to his district

Houston Chronicle Op-Ed | Bailes: Eminent domain statutes need review to ensure fairness

A Public Private State Data Project + Eminent Domain?

Kentucky is wiring the state for internet with the aptly names- KentuckyWired project.

To wire bluegrass country, the state  Kentucky Communications Network Authority (KCNA)is overseeing the public private investment.

What eminent domain rumors are swirling in the bluegrass? That homes are being taken away.

How did Kentuckywired respond:

  • Simply not true.
  • Most of the projec ti son public land
  • 99% of landowners have agreed to easements that correspond with existing above ground cable, electric and phone lines.
  • If eminent domain is used, no home will be taken. 

Lexington Herald Leader | Setting record straight on essential public-private investment 

TEXAS INTERIM CHARGES. 8. Property Rights + Eminent Domain + Land Use + Land Privacy + Blight

House Committee on County Affairs

#7 Land Development & Floods.  Evaluate whether counties have the necessary ordinance-making and enforcement authority to deal with flood risk in unincorporated rural and suburban areas of Texas. Additionally, examine whether counties have adequate resources and authority to ensure that new development in unincorporated areas is not susceptible to flooding. 

House Committee on Energy Resources 

#5 Wind Decommissioning & Property Rights. Examine how commercial wind energy facilities are decommissioned and whether current statutes adequately protect the rights of wind facility landowners.

 

House Committee on Land & Resource Management 

#2 Zoning & Land Use Ordinances. Review local and state zoning and land use regulations. Determine if current rules provide an adequate balance of disaster preparedness and deference to private property rights. 

#3 Just & Adequate Compensation vs. growth.  Examine Texas’ eminent domain statutes to ensure a balance between necessary infrastructure growth and fair compensation for landowners. Review available public information and data relating to the compensation provided to private property owners. Make recommendations to improve the accountability, as well as successful development, of the entities granted eminent domain authority. 

#5 The 85th’s impact on property owners.  Monitor the agencies and programs under the Committee’s jurisdiction and oversee the implementation of relevant legislation passed by the 85th Legislature. In conducting this oversight, the Committee will also specifically review the municipal practices developed as a result of the passage of S.B. 6 during the 85th First Called Session, as well as the ongoing effects on property owners. 

House Committee on Natural Resources 

#2(e) Conservation Easements. The role of voluntary land conservation efforts, including conservation easements, in preventing and mitigating flooding. 

House Committee on Transportation

#6 Drones.  Study emerging issues in transportation related to technology and evaluate the state’s preparedness for addressing challenges and opportunities posed by technological advances. Review the implementation of state and federal programs and legislation related to intelligent transportation systems, autonomous vehicles, unmanned aircraft systems (i.e. drones), and other technological changes. 

House Committee on Urban Affairs 

# 5 Abandonded Buildings.  Examine local government oversight of abandoned and substandard buildings, including buildings of historical significance. Identify ways to best address these issues in an efficient and effective manner. 

Texas House 85th Legislature Interim Charges

 

 

Private Property Rights. Anatomy of a Short Term Rental Ordinance in the Land of 10,000 Lakes.

Minneapolis, MN recently adopted short term rental ordinances which will:

  • Require hosts & services to be licensed by the city
    • No license fee will be imposed if the owner is present during the rental period
    • Host license fee will be $5,000 for the big actors & $630 for less than 150 rental options
    • Home owner license fee will range from $46 to $350 depending on the property’s tier

What’s the rush on the ordinances? The 2018 Super Bowl will be in the Twin Cities

Fox 9 | Minneapolis approves two Airbnb regulation ordinances

Property Rights. Lege Trend. 3 Reasons Real Estate Broker Supports Short Term Rental Statewide Preemption.

A real estate broker in Michigan penned an op-ed supporting Michigan’s HB 4503  & SB 329 that prempt local ordiannces and home owner associagtion rules regarding short term rentals. 

The 2 bills provide for local control over noise, traffic, advertising and other conditions.

The real estate broker support for these bills:

  • The bills are pro-private property rights
  • The bills aren’t preemption, the bills are a starting point for local ordinances and rules
  • Allowing for  short term rentals increases property values. Disallowing short term rentals devales property by 15%

Holland Michigan Sentinel | My Take: Support for short-term rental property rights

Texas Attorney General Opinion. Land Use. MUD Fees. New Legislative Fix for MUD fees?

No, a MUD cannot use its funds to replace vandalized mailboxes in its jurisdiction. 

The Attorney General Opinion KP-0169 lays out which code sections that could be amended to include a MUD’s use of funds to repair or replace mailboxes:

  • TEX. WATER CODE§ 54.012. 

    TEX. WATER CODE§ 54.201(b), §54.236 and §54.242 add to the laundry list of specific revenues uses for MUDs

TX Senator Huffman. 2 Points on Just Compensation.

In an op-ed focusing on the willfull flooding of homes by the Army Corps of Engineers, Texas Seantor Joan Huffman makes these points about just compensation:

  • homeowners should be spared years of emotional and costly litigation, and Congress should secure just compensation for home owners
  • the Army Corps of engineers actions constitute a taking that requires just compensation

Houston Chronicle | Huffman: Homeowners deserve ‘just compensation’

Local Trend. Private Property Rights. Tiny Houses. Roadmap to Ordinances.

City: Portland Oregon

Current city ordinance that prohibits tiny houses on private property: A prohibition from people sleeping in vehicles.

What is Portland doing with the current prohibition while a specific ordinance is being crafted: Portland has suspended enforcement

What other policy issue is being tackled with tiny house policy? reduce homeless

What elements will the proposed tiny house ordinance contain? 

  • the proposed policy will allow people up to park three tiny houses or RVs in parking lots of businesses, religious institutions and government buildings
  • it will also allow one vehicle in the parking spot of private residences

Is there a model tiny house ordinance? Yes, Eugene, Oregon

Williamette Week | Portland Will Allow Overnight RV Camping and Tiny Homes on Private Property

 

Campaign Trend. No Eminent Domain for Private Gain. Southern Edition.

A Virginia House of Delegates candidate has phrased her opposition to eminent domain as:

“protect individual property rights from eminent domain when it is to be used to benefit private corporations rather than the public.”

Augusta Free Press | Sierra Club endorses Michele Edwards in 20th District House race

City Buys Land. City Using Eminent Domain for Billboard on Same Land. Billboard relocation laws? Yes, see the proposal.

The City: Sandy Springs, GA

How does this work in Georgia, where there is a separate eminent domain for the billboard? Georgia’s laws allow for billboard relocatation somewhere within 250 feet in lieu of an eminent domain reimbursement, if the city has a billboard relocation ordinance. 

What has the city offered?  A city ordinance that allows for billboard relocation if:

  • eminent domain is used or there is a threat of eminent domain
  • relocation within 250 feet, with up to 3 alternative sites reviewed by the city’s Community Development director
  • “proposes a trade-off scheme to allow the targeted billboard and up to three others within the city to be “upgraded” into LED versions.”

Sandy Springs Reporter News | Billboard deal a bad sign, Sandy Springs residents and council say