State Lege Kills Transmission Line Eminent Domain. Congress Acts to Remove Funding. 3 Key arguments. Know the other side like you know yourself.

What transmission line is this state & federal legislative re-write concerning? The  Plains and Eastern Clean Line high-voltage transmission, a clean energy line traversing Arkansas, Missouri & other central states 

What caused the hoopla? Missouri & Arkansas chimed in when the transmission line sought eminent domain but wasn’t providing power within each state.

What are the arguments bandied about?

  • Tangible public use. Congressman Cotton is ok with eminent domain, if the communities impacted benefit from the use
  • The Federal Fix. Congress has its hands on the Assuring Property Rights Over Vast Access to Lands Act that will:
    • Give states final approval for eminent domain for transmission lines
  • State’s Rights.  
    • The federal government can’t usurp state power on granting eminent domain.
    • The federal government is making a  “blatant government overreach”
      • SOUND FAMILIAR? Sounds like federal granting of eminent domain for railroads

The Courier | Senators file amendment to block Clean Line funding

 

 

Feds to Answer whether High Speed Rail must follow Texas Eminent Domain Laws?

The Ellis County Press published an Op-Ed from Texans Against High Speed Rail.

What points does Texans Against High Speed Rail make in its Op-Ed?

  • Texas Central Rail doesn’t have its funding in place
  • Texas Central Rail has no problems using eminent domain to take land it doesn’t need
  • Texas Central Rail is asking the federal government whether it has to comply with Texas eminent domain laws

Ellis County Press | TCR proposes to acquire land it ultimately won’t use to satisfy investors

Lege TREND. Eminent Domain Expansion. Special Districts.

Which state is considering expanding the use of eminent domain? California

Why the push to expand eminetn domain use? To clean up blighted buildings through special districts called Enhanced Infrastructure Financing Districts

What do these Enhanced Infrastructure Financing Districts​ do with eminent domain? Combat urban blight with urban renewal projects

What does California Assembly Bill 2492 do? Expands the number of local governments that can access Enhanced infrastructure Financing Districts

California Assembly Bill 2492

Op-Ed | Orange County Register | A bill Trump the developer would love

 

3 Property Owner Points. Waller County. High Speed Rail. Pre condemnation Access.

Will eminent domain be used by Texas Centeral Rail to build its Dallas-Houston high speed rail?  Only if deals cannot be reached

How did property owners in Waller County react?

  • Waller County Judge Trey Duhon: “This is a huge eminent domain issue. Texas is a huge private property right state.” 
  • A property owner turned away a precondemnation surveyor on his property & mentions their have target practice on their property
  • Reports are that deals will never come.

High Speed Rail is turning into a standoff.

KHOU | Waller County landowners vow to fight high speed rail

Eminent Domain for Drug Prices. 3 Key Points to the Argument.

  • Federal Law Says So. The because I said so reason from the government for siezing drug companies patents is rooted in 28 U.S.C. section 1498. 
  • Reasonable Compensation to Pharmaceuticals. Drug companies would get “reasonable and entire compensation”
  • The government doesn’t have to get consent. The government can use any patent without consent so long as the compensation is ” “reasonable and entire.”

The question: does the fear of eminent domain to take drug patents bring about negotiations on drug prices?

Politico | Pulse Check Interview with CMS Administrator Andy Slavitt

The Incidental Economist | Eminent domain for drugs
Health Affairs | ‘Government Patent Use’: A Legal Approach To Reducing Drug Spending

INTERIM. Private Property Rights. Sharing Economy. Short Term Rentals. Lege Trend from Pacific.

Your informed intel:

The Legislature: Hawaii

The Bill passed: Hawaii’s  HB 1850 

The short term rental tax: 

  • Who is collecting the tax? The tax broker short term lease facilitator (HomeAway, AirbNb)
  • Which taxes are being imposed? general excise tax & transient accommodations tax
  • Supported by short ter rental companies? Yes

Concerns:

  • Is there enough accountability for the sharing economy companies?
  • Sharing economy companies should be held accountable for illegal camping, illegal rentals in homes, or any health or safety standards.
    • The Response: The bill requires that sharing economy companies notify property owners that they must comply with land use laws

Pacific Business News | ​Airbnb tax broker bill passes state Legislature

Navasota County Judge Raises New Eminent Domain Issue.

What new issue did the Navasota County Judge rise about eminent domain and high speed rail? The impact to property values for property adjacent to property that is taken by eminent domain for high speed rail.

Why is concerned about neighboring property? Neighboring property owners do not receive compensation but will be impacted by Texas Central Rail.

Navasota News 1550 | County Judge Fights TCP In Austin Trip

 

INTERIM. Texas Tops in Asset Forfeiture.

Audrey Redford, a doctoral fellow with the Free Market Institute at Texas Tech University, makes these points about asset forefeiture in Texas:

  • Texas is #1 in civil asset forefeiture according to the Institute for Justice
  • Average annual total of seized assets:  $41.6 million
  • $540.7 million siezed in the last decade
  • It will get worse. last week DOJ announced it was resuming its Equitable Sharing Program, a civil asset forefeiture sharing program

How are asset forefeiture proceeds disributed in Texas?

  • 70% goes to law enforcement
  • Supplements salaries
  • Pay for new equipment
  • “also used for other important policing business like lavish trips to Hawaii, gambling trips to Vegas, and booze and a margarita machine.”

3 Solutions for Texas:

  • Look to Florida. Require police to file criminal charges before seizing property.
  • Look to Montana and New Mexico. Require a criminal conviction before assets can be seized.
  • Look to New Mexico. “Eliminated the revenue-seeking incentive for law enforcement by requiring that all proceeds go to a general fund instead of directly to law enforcement.”

Dallas Morning News | Audrey Redford: How police can seize your property without a trial

Campaign Trend. Eminent Domain. 3 Key Reforms Touted.

What eminent domain reforms are being touted by a campaign?

  • Deny eminent domain to private entities
  • Shift Burden of Proof from the land owner to the condeming entity
  • New Standard for Public Use:
    • ​a “purpose wholly for public use and necessity”
  • Good Faith Negotiations by condeming entities
  • Require a condemning entity to evaluate:
    • health and safety impacts of their project
    • weigh impact of alternatives to those requiring condemnation

Concord (NH) Patch | Rubens Proposes Property Rights Protections in Pipeline Proposals

Legal Trend. 3 Markers to Support Eminent Domain from the East.

State courts in which state are grappling with eminent domain for a pipeline over landowner objections? Pennsylvania

What 3 considerations did the judge list in approving eminent domain to move forward?

  • Declaration of Taking complies with state law
  • Pipeline’s condemnation plans are “sufficient to properly identify the disputed acreage”
  • Pipeline is financially stable to pay for any potential damages

Daily Item | Judge upholds eminent domain for PPL