InfoHive – Eminent Domain

What’s happening? The City of Smithtown NY wants to acquire via eminent domain the land of Oasis Gentleman’s Club (the SOB sexually oriented business).

Why is this important? Yes, a creative use of eminent domain- don’t like a business then acquire the land by eminent domain, or the threat thereof and build a park.

How will this be important? Imagine a town that doesn’t like underwater basket weavers, churn up some eminent domain projects and get to town on those basket weavers.

Greater Smithtown | Town to purchase Oasis Gentleman’s Club property with plans for parkland

What’s happening? Charlotte, North Carolina is proposing to use its land for affordable housing development.  

Why is this important? The city’s goal is to address acute affordable housing crisis in the city. This sounds familiar….

How will this be important? It is how the land is being used. The city is proposing long term, 50 year leases for developers. Or, if the projects for sale townhomes for affordable housing, then “transfer ownership of for-sale home developments”

Charlotte Observer via Governing | Charlotte Proposes City-Owned Plots for Affordable Housing

What’s happening? The Goldwater Institute and Reason say Texas SB 968 (2021 | TX) is unconstitutional violation of property rights.  The constitution has long standing standards for businesses to protect their customers as they choose. The bill seeks to prevent businesses from requiring proofs of vaccination.

Why is this important?“”The longstanding legal tradition has always been that businesses owe an obligation to protect their customers’ safety, at least to some basic extent, and this law comes along and says, not only are they not free to make that choice, but they’re prohibited from doing so.””

How will this be important? The article has a laundry list of Texas policies that conform to personal beliefs to protect business but protecting business outside personal beliefs doesn’t get supported. My takeaway —there is no consistency in property rights in Texas.

Reason | In a Rush To Ban Vaccine Passports, Texas Is Violating Private Property Rights

What’s happening? Texas Governor Abbott announced the state will build the border wall.

Why is this important? The lands at the Texas border are privately owned, including ranch land with livestock that drinks from the Rio Grande. It’s complicated. The Trump Administration hadn’t resolved the eminent domain issue to acquire the land. Here we go….

How will this be important? Some of the land at issue is owned by the Catholic Church.

New York Times | Texas Says It Will Build Border Wall With Mexico

What’s happening? Homeowners say short term rentals are like living next to holiday inn. The solution, you ask, well, it is to create a minimum 6 month term for rental or lease of single-family homes with an exception for family members or previous/former owners.

Why is this important? Instead of parameters on noise an nuisance, the city is defining lease terms as a means to end short term rentals.

How will this be important? lather, rinse, repeat….

Click 2 Houston | Bellaire considering restrictions of short-term rentals on sites like Airbnb, VRBO

What’s happening? We just met NFTs, I barely remember your name, and now we’re talking about rights. Let me at least get a refresher to know that your name means NonFungible Tokens. MFTs are built on blockchain. For the gaming people out there, I’m told it’s like buying a celebrity “skin” for your game.

Why is this important? NFTs seem to be sticking around and ownership could be note dint eh blockchain.

How will this be important? What is a NFT closes down,. how does ownership get impacted? Tech including  PRüF  are emerging allowing for migration of NFTs.

Entrepreneur | How NFTs are Disrupting Property and Trade

What’s happening? The Nevada legislature passed a statewide short term rental bill that applied the state’s hotel tax across short term rentals. However, the bill also left land use decisions, like party houses, to local regulations.

Why is this important? Its an example that an all or nothing legislative proposal can cross the finish line.

How will this be important? If Western, independent Nevada can balance state control and local control maybe other states take note.

AB 363 (2-21 | NV)

What’s happening? Republicans are calling for a special session in Missouri for a stalled eminent domain bill, HB 527 (2021 | MO) .

Why is this important? The bill would “require companies wishing to establish merchant lines to provide proof of support from each county commission it would impact when applying for approval from the Public Service Commission (PSC). It would also prohibit certain groups from using eminent domain to construct merchant lines. “

How will this be important? The messaging around this eminent domain issue is key. The property rights advocates want to deny eminent domain for the transmission line because the benefit from the transmission line will not be felt in Missouri. The transmission line merely passes through Missouri. Any projects in your state where a county or city won’t benefit directly from the project that uses eminent domain?

Missouri Times | Lawmakers ask Parson for special session on agriculture, eminent domain issues

What’s happening? People are doxing health care workers during the COVID pandemic. Colorado passed HB21-1107 (2021 | CO) to make it illegal to share the personal information of public health workers and their families online so that it can be used for purposes of harassment.

Why is this important? Other states have addressed doxing across all professions. Some have focused just on law enforcement.

How will this be important? Protecting a person’s privacy and allowing the person to do their job without harassment will continue to be addressed in a multitude of ways. Let’s Frankenstein some laws, shall we?

New York Times | Colorado Makes Doxxing Public Health Workers Illegal

@WashingtonPost on instagram

What’s happening? This week marked the 100 year remembrance of the Tulsa Race Massacre. 50 years after the Massacre, the rebuilt black community met eminent domain when property was taken for a new highway.

Why is this important? History and eminent domain are having a renaissance.

How will this be important? Discussion of eminent domain policy will include societal impacts.

NBC News | Tulsa’s Greenwood neighborhood found prosperity after the 1921 massacre. Then the highways arrived.