State Prohibits Eminent Domain by Private Entities. 3 Key Points about the Committee that may Revive Eminent Domain.

Which state legislature has formed a Pipeline study group to recommend eminent domain reform? Georgia in coordination with its year long prohibition on eminent domain by pipelines

What is required of the 13 members of the Pipeline Study Group?

  • Between June- December hold up to 5 hearings
  • Issue a report by December 31, 2016
  • Examine whether petro-pipelines eminent domain powers are:
    • prudently exercised
    • responsibly conducted
    • consistent with the state’s essential public interest

Who sits on the pipeline study commission?

  • 3 Senators
  • 3 State Representatives
  • The director of the Environmental Protection Division of the Department of Natural Resources or his or her designee
  • The commissioner of community affairs or his or her designee;
  • 5 Governor appointees, including:
    • 1 member representing the petroleum industry
    • 4 members representing a cross-section of the interests of local government, business, agriculture, and conservation.

Savannah Now | Pipeline study group forming in Georgia to look at eminent domain

Campaign TREND. Property Rights Advocates Protest Trump.

Private property rights protestors are protesting a Trump campign fundraiser in Atlanta.

Call it bad timing: The Trump fundraiser is occuring when a national convention of private proeprty rights advocates are gathered in Atlanta for the “Pipelines and Eminent Domain Strategy Session.”

Bold Nebraska | Eminent Domain Advocates to Protest at Trump Rally in Atlanta

INTERIM. Private Property Rights + Sharing Economy. Local Regs from the Northwest.

Which city in the Northwest is proposing new short term rental ordinances? Seattle

The intel you need to know:

What opponents to Seattle’s regulations say:

  • Seattle’s regulations “deprive [Seattle property owners] of our ability to keep ourselves afloat” during hard times
  • Harming people who provide inexpensive accommodations to visitors to Seattle, who then spend money in Seattle
  • Disrupting Seattle’s social fabric by allowing short term rentals that bring people into neighborhoods who don’t care about the neighborhood

What supporters of Seattle’s regulations say:

  • Allows “part-time entrepreneurs to thrive while reining in large-scale, commercial operations”
  • Bed and breakfast owners say the regulations level the playing field

What the regulations say:

  • Only property owners, who are renting out their homestead, would be able to legally offer short term rentals year round
  • Property owners, not renting out their homestead, would be capped at 90 days during 1 year

 

Seattle Times | Airbnb, other short-term rental hosts speak against proposed Seattle rules

 

INTERIM. Lege Trend: Ombudsman. Public Counsel for Eminent Domain.

Which state has an ombudsman, or public counsel, for eminent domain? Missouri

What does the Missouri Office of Public Counsel do for Missourians facing eminent domain?

  •  providing property owners with guidance on the condemnation process
  • documents the use of eminent domain in Missouri and provides the Legislature with an annual report of how Missourians are affected by eminent domain

Which state agency houses the Missouri Office of Public Counsel? Missouri’s Public Utility Commission

The Missouri Times | Meet the Missouri Office of Public Counsel

Home Owner Bill of Rights Heads North. Adds Property Taxes + More. Your Informed Intel.

Wisconsin legislature is pushing forward with a Land Owner Bill of Rights.

Why does the Land of Cheese think Land Owner Bill of Rights is necessary? The need for more information during eminent domain being used by an ” overbearing government”

What 9 elements are in Wisconsin’s Home owner Bill of Rights?

  • Controlling Property Taxes
  • Broadband Access
  • Energy Security and Affordability 
  • Eminent Domain Reform
  • Regulatory Takings Reform
  • Right to Fly the Flag
  • Right to Privacy on One’s Property
  • Maintaining legal uses for property at time of purchase fee from new laws and regulations
  • Smart Growth Reform

WI State Represeentative Tiffany Press Release

INTERIM. Activist Says TX Lege Will Remove Eminent Domain from Special Districts

What eminent domain issue sparked this activist rebuke? Johnson Ranch MUD approval of eminent domain proceedings against neighboring farm lands

What did the property rights activist say? That the Legislature is ready to remove the power of eminent domain from MUDs.

New Braunfels Herald Zeitung | Activist: MUD should expect eminent domain change

INTERIM. Legal Trend. Improvement District Sues TXDOT. Win Increases Value by $3 million. 3 Key Points.

Why did the East Montgomery County Improvement District sue TXDOT? The board thought it was important to show a jury the loss of value in the land:

  • lost a great deal of functionality as a large event community center
  • Condemned property  included a parking lot that affects functionality
  • The State’s proposed remediation parking plan was inadequate to serve the district’s needs or that of the community
  • Condemned Property prohibits expansion of the districts education wing

What was the offer by TXDOT? $1.6 million ($2 — $2.50 per square foot)

What was the jury award? $4,032,142 ($7 – $7.50 per square foot)

East Montgomery County The Observer | Montgomery County jury awards EMCID $4 Million in TxDOT Land Condemnation Case

TREND. No Eminent Domain for Pipelines. 4 Points from the Washington Post.

Lots of dollars going into pipeline investment.

  • U.S. has the largest netowrk of pipelines.  more than 2.5 million miles of pipes
  • High Annual Investment. American petroluem Institute says average annual investment will be above $80 billion until 2020

This issue unites Rs and Ds.  Liberal enviromentalists join with libertarian leaning propety rights advocates

Its made an impact:

  • 2 states, SC and GA, have passed prohibitions on pipelines using eminent domains
  • Multiple courts have sided with landowners and limiting pipeline takings

No eminent domain for private gain is the new Kelo.

Washington Post | Volokh Conspiracy | The growing battle over the use of eminent domain to take property for pipelines

TREND. INTERIM. Civil Asset Forfeiture Passes in the Midwest. The key intel:

Which state reformed civil asset forefeoture laws? Ohio

Does the OH legisltion require conviction for forfieture? No, it permits forfeiture if criminal charges can be filed against the person.

Do local governments have access to the proceeds at the time of forfeiture? No, the assets are put in escrow until conviction

Ohio HB 347

Americans for Tax Reform | ATR Congratulates Ohio for Passing Civil Asset Forfeiture Reform

 

INTERIM. TREND. Sharing Economy. Short Term Rentals. Rental Guides.

New Sharing Economy Business Trend: Rent a Human to Guide you through the interesting aspects of the area of your short term rental.

The Rent a Human Program Name:  City Hosts. Like a Zombie Hosts on a Human.

the Goal: Like the AirBnB commercials, short term rentals are about the experience

Example Experiences:

  • Adventures with a kite surfer in SF
  • Vietnamese cooking lessons with a Parisian chef
  • Tour London’s Grime music scene with a record scout

Example Regulations: Do Experience Guides need business licences?

Tech Crunch | Airbnb begins testing City Hosts program to give guests guided one-of-a-kind experiences