Eminent Domain by Private Entities is Crony Capitalism.

Tyler Morning Telegraph editorial opposing Texas Centrail Rail raises these 3 points:

  • This isn’t a rural-urban issue. This is a property rights issue.
  • You can’t say this is a private enterprise, promoting free market when you use eminent domain, because eminent domain is the opposite of free market.
  • This is crony capitalism with the government  “thumb on the scale”

Tyler Morning Telegraph | Editorial: Texas bullet train an example of crony capitalism

5 Bills + 5 Companion Bills. Eminent Domain Reform for Rail Only.

A legislator coalition joined forces to limit eminent domain for high speed rail. Who is involved?

  • Senators Birdwell, Creighton,  Kolkhorst, Perry, & Schwertner
  • Representatives Ashby, Bell, Cook, Schubert, and Wray 

Which eminent domain issues are being addressed?

  • Pre-condementation Access to Property. SB 973 by Creighton/HB 2168 by Bell (Railroad Determination Before Surveys) – prohibits a high-speed rail entity from entering private property to conduct a survey unless the Texas Department of Transportation (TxDOT) first determines that the surveying entity is, in fact, a railroad.

 

  • Property Restoration. The Campground Rule. SB 978 by Schwertner/HB 2104 Bell (Property Restoration Bond) – requires a private high-speed rail entity to file a bond with the Texas Department of Transportation (TxDOT) sufficient to restore property used for the rail service to the property’s original conditions if the service ceases operation.

 

  • Repurchase. SB 979 by Schwertner/HB 2179 by Cook (Right of Repurchase for Non-HSR Use) – prohibits an entity that operates or plans to operate a high-speed rail from using property acquired for purposes other than high-speed rail. If the high-speed rail authority doesn’t use the property for that specific purpose, the original landowner must be given opportunity to repurchase the land.

 

  • No state right of way purchasing. SB 980 by Schwertner/HB 2167 by Schubert (Put Texas First) – prohibits any state money from being used for any purpose related to a privately owned high-speed rail, unless the state acquires and maintains a lien in order to secure the repayment of state funds. Requires that the state’s lien be superior to all other liens, effectively making Texas a priority creditor.

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  • Public Use. SB 982 by Perry/HB 2173 by Ashby (High-Speed Rail Feasibility Study) – upon request of a legislator, the Texas Department of Transportation (TxDOT) must generate a feasibility study of a proposed high-speed rail project. The study must indicate whether the project is for a public use, whether it will be financially viable, and what impact of the project will have on local communities.

Press Release | Lawmakers Take Action to Derail Bullet Train between Dallas and Houston

Houston Chronicle | Texas lawmakers move to stymie high-speed rail project
 

KHOU | Texas lawmakers lobby to derail proposed high-speed train

Lege TREND. Attorney Fees. Sooner State Bill Sets New Threshold for Attorney Fees.

Oklahoma’s House Bill 2194 ups the ante on attorney fees and just compensation. The facts:

  • HB 2194 allows for an award of attorney fees if the jury award is higher than than the special commissioners.
    • Yes, you read that right, any amount higher than the special commissioners and attorney fees and costs are retreivable by the property owner.
  • HB 2194 also requires actual sales prices & actual awards to be used in just compensation calculation. 

2017. SB 742. Kolkhorst. Just the Facts.

SB 742 by Kolhorst.  Relating to requirements for a bona fide offer for the acquisition of property by an entity with eminent domain authority.

  • Requires easements to include more details on right of way, usage, size scope
  • Allows for damages related to the easement
  • Establishes 5 covenants:
    • securing the property owner’s land (locking gates etc)
    • maintaining the right of way
    • repair and restore land to the original condition or better than original condition
    • the owner shall be indemnified and be held harmless
    • the condemnor must maintain liability insurance

2017. Just the Facts. SB 741.

SB 741 by Kolkhorst. Relating to compensation to a property owner for property acquired by an entity with eminent domain authority.

  • Adds royalties and profit sharing to what maybe considered compensation to a property owner
  • Allows negotiations concerning compensation to be admitted into evidence during eminent domain proceedings.

2017. Just the Facts. Kolkhorst. SB 740.

SB 740 Relating to the acquisition of property by an entity with eminent domain authority.

  • Requires disclosure of new appraisals within 10 days or 3 days before a special commissioners hearing
  • Allows a property owner to be awarded attorney fees if the amount awarded is 20% higher than the final offer
  • Defines a list of new requirements for the bona fide good faith offer such as:
    • easement details
    • right to damages from construction
  • Requiring that a condeming entity pay an award before an appeal can be filed by eithe rpaying the property owner, posting a bond, or depositing an amount with the court

Private Property Rights. Home Sharing. City Rewrites Home Sharing Ordinance. The Details are in the Data.

The City: Chicago

The proposed revisions to home sharing ordinances will:

  • Require homeowners to retain the names of guests but only require disclosure with a warrant or subpoena
  • 4% surcharge on each rental
    • Revenue estimated is $2 million/year
    • revenue will be earmarked for homeless
  • Allows areas of the city that are zoned as single-family homes the ability to pass petitions to restrict the home rentals

Chicago Tribune | Mayor Emanuel wants changes to home-sharing rules

Property Rights Group Applauds SB 740 SB 741 and SB 742. Just the Facts.

3 Reasons why Texans for Property Rights support Senator Kolkhorst’s eminent domain bills:

  • Expand upon progress made in landmark 2011 eminent domain legislation
  • Senator Kokhorst worked with the group and says the bills “…give[s] all landowners the new tools and safeguards they need to protect their land from eminent domain abuse”
  • The Cattle Raisers say “Property owners continue to be at a huge disadvantage when navigating the condemnation process and these proposed reforms are a great step toward preserving our heritage of land ownership in Texas”

What does the Property Rights Group say the bill package does?

  • Provides “for the reimbursement of landowner expenses if they are sued by a condemnor and are ultimately awarded significantly more than the final offer.”
  • “Spell out the use and restriction details required within a condemnor’s “bona fide offer” to ensure the entity will properly use and maintain the property.”

Texas property rights advocates applaud eminent domain legislation | SB 740, 741 and 742 to help landowners

 

Peach State. Allow Repurchase Faster. 4 Key Points.

How long does a person have to wait to purchase property taken by eminent domain in Georgia? The proeprty  must have been put to public use for 20 years

What repurchase proposal is being considered? Immediate purchase of property tken by eminent domain for blight

What group will be most impacted by this change? minority communities

What alternative city action could mitigate this state law change?  Stronger locla code enforcement

FOX 28 | Eminent domain amendment proposal to tackle abandoned Savannah properties