Former Dallas Cowboys Real Estate Development = One Unhappy Landowner Facing Eminent Domain.

A Dallas man, who “wanted to stay where the hell he was and be left the hell alone,” is facing eminent domain to make way for a roadway for real estate development deal. That’s the jist of this Dallas Observer piece.

The piece says the public reason for the taking of his property is straightening an intersection 2 blocks away, but alludes to the real reason being a real estate development by former Cowboys.

Here’s what the landowner says transpired:

  • Dallas Public Works recommended taking his property.
  • One City Council meeting occured to approve it.
  • The landowner says the process was not transperant and sent the message, ““Screw you very much.”

 

 

Legal Trend: Pre-condemnation Access from the Buckeye State

11 Ohio counties are in the path of a proposed pipeline that has solidified citizen action in opposition to the pipeline.

The pipeline has been trying for 1 year to access property for normal pre-condemnation access to  properties. It hasn’t worked.

So, the pipeline filed suit, because people who are already heated over their desire to protect private property also love lawsuits. Not the best logic to gain support, but reasonable legal argument if public support is irrelevant.

What are the land owners saying?

  • Using FERC (cue the federal government is evil theme music) isn’t appropriate, want access to Ohio Land, use Ohio laws and Ohio agencies
  • They aren’t opposed to the pipeline; they are opposed to the pipeline’s route. It should be moved away from landowners that fear for safety.

Medina (OH) Gazette

 

Update: IA Eminent Domain Bill. 75% Land Must Be Acquired Through Negations.

Iowa was proposing that 75% of land for an eminent domain project be obtained with a willing buyer. The bill didn’t survive the legislature, but the author calls the session a success. The Iowa Speaker of the House says the issue will be back next year as vocal property owners are opposing pipelines in Iowa.   The Gazette

 

Information Intelligence May 21, 2015:

Willing buyers are a hot topic in eminent domain. No one wants to be forced into selling their property.  So, who doesn’t like this idea?

The Midwest Alliance for Infrastructure Now.

Private Property Rights. Water. The EPA. Texas takes them all to Court with help from a lot of friends.

27 states and state agencies, as well as 14 agriculture-oriented organizations, have filed lawsuits across teh country to block the EPA water mapping project. 

The EPA is seeking to map water flows, including mapping of low flow waterways on private property.

Louisiana, Mississippi and Texas filed suit in U.S. District Court in Galveston, Texas. Joining the suit in Galveston are: American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Leading Builders of America, National Alliance of Forest Owners, National Association of Home Builders, National Association of Manufactures, National Cattlemen’s Beef Association, National Corn Growers Association, National Mining Association, National Pork Producers Council, and Public Lands Council.

High Plains AG Journal

Trend: Organized Protesting Eminent Domain Against Private Company

The  Iowa Citizens for Community Improvement joined a coalition called, Bakken Pipeline Resistance Coalition. It sounds like Occupy movement, which recently started promoting anti-eminetn domain causes, like this.

But, Iowa Citizens for Community Improvement is led by a 67 year old, retired former Department of Natural Resources official. 

The whole shebang is encouraging more private negotiations. Iowa posts online negotiated easements, and the company cites 60% of the land being aquired by private negotiation. 

EagleFordTexas

Uniquely Austin Response to More Eminent Domain near the Convention Center

There’s a possibility eminent domain could be used for expanding the Convention Center. Perhaps maybe plus a whole slew of ther hedge words, eminent domain may be used for a project that includes a new Westin properties hotel on Ceasar Chavez near/linked to the Convention Center.

Naturally landowners and businesses are  opposed to the use of eminent domain, but then the story gets interesting.

The response from the city on whether eminent domain is very nuances, let’s look:

  • “explore other possibilities before moving forward with the process [eminent domain].”
  • they also stressed compensation to the landowners.

Time will tell if the property remains in private hands and is sold to the hotel or whether eminent domain will be used. Business owners prefer the land staying in private hands.

KXAN

Private Property Rights: Drone Use by Dallas Cowboys

Legislating & regulating the use of drones is a delicate dance between privacy advocates, property rights advocates, and figuring out who owns air space.

Here are the most basic rules:

  • A private person can operate a drone, in compliance with all other laws, without FAA approval.
  • Beginning September 2014, a commerical enterprise, like the Cowboys, has to apply for a waiver from the FAA to operate a drone.

Dallas Morning News

Private Property: Regulating Short Term Rentals by Initiative & Referendum.

16,000 signatures have been collected to opposed San Francisco’s short term rental ordinances.

Opposition to the short term ordinances  includes:

  • affordable-housing proponents
  • organized hotel labor

Opposition stems from the San Francisco short term rental ordinance:

  • lacking enforcement teeth
  • exacerbating the city’s affordable-housing shortage.

The initiative would amend the current short term rental ordinance to require:

  • A cap on the number of nights a unit could be rented at 75 per year, regardless of whether a host is present or not. (current ordinance permits 90 days if owners are away, unlimited if the owner is present)

  • Fine home-sharing platforms up to $1,000 a day for listing unregistered short-term rentals.

  • Require both hosts and hosting sites to provide quarterly reports to the city on the number of nights a unit was rented.

  • Create legal remedies for neighbors of illegal rental units if the city doesn’t act.

The Recorder