Did Eminent Domain flip Gubernatorial Support for High Speed Rail?

Maybe. The Texas Government has asked for additional information from stakeholders.

The concerns raised over the project:

  •  whether “the private property rights of Texans are fully respected. .. “
  • His support is contingent on “if and only if” property rights are respected

The messaging from landowners:

  • “Gov. Abbott should be focused on saving Texans’ property, not taking it away and giving it to the Japanese government.”

Trains | Texas governor expresses ‘full support’ for Texas Central, then backtracks

Dallas Morning News | Gov. Abbott’s office to ‘re-evaluate’ bullet train project stance after being provided ‘incomplete information’

BLM Meets Eminent Domain. Was your city’s eminent domain used disproportionately against Black residents?

Spartanburg, Southerner’s Carolina became the only city in the state to publicly acknowledge past racism and apologize to its Black residents in a resolution.

What’s the eminent domain angle? In the 1960s and 1970s urban renewal funding was to target blight, but it was found to  disproportionately impact Black communities that never recovered.

What’s the future angle? A commitment by the local government to make more equitable decisions in the future

Huron Daily Tribune | Spartanburg apologizes to Black residents for past injustice

Constitutional Question: Masks + Separation of Powers

Ohio governor has a statewide mask mandate but will not enforce the mandate in the buildings that house the courts or the Legislature.

Why will the Governor not tackle enforcement in these specific governmental buildings? It is a violation of separation of powers

Is the Ohio legislature enforcing a mask requirement? NO

What did each legislative branch do?

  • President of the Senate urges people to wear masks
  • House Administration has made clear by memos there is no mask requirement unless in Governor’s offices

Highland County Press | As pandemic worsens, legislature still refuses mask mandate at the Capitol

Property Rights + Nuisances + Short Term Rentals + COVID

AirBnB is removing party houses from its listings.

Let’s look at the criteria that is triggering removal:

  • complaints had been received
  • the property violated the company’s policies on parties and events
  •  previously received warnings

What global action has AirBnB taken? Adopted a global ban in 2019 on listings that “created persistent neighborhood nuisance,”

What COVID rules have been adopted?

  • A ban on party & event houses
  • An occupancy cap of 16

Houston Chronicle | Airbnb has removed 80 listings in Texas, including Houston, following crackdown on party houses

On the ballot: Short Term Rental Restrictions

Where: Portland

What is the ballot proposition: Limit short term rentals to properties in which owners live

An Act to Restrict Short Term Rentals (STRs) in Portland will restrict all mainland STRs to only those that are owner-occupied. It increases the annual fee for all STR’s to $1,000 for each mainland STR and $400 for each island STR. The initiative also increases penalties for violations, requires the Department of Permitting and Inspections to maintain a log of complaints against STRs, and allows the city to revoke STR licenses for any violations.

The argument for it: The influx of out of state conglomerates buying up property for short term rental negatively impacts housing affordability

The argument against it? Its not out of state conglomerates, it is your next door neighbor you’re impacting

WGME | Portland ballot question would restrict short term rentals, raise fees

COVID. State Agency To Consume Another State Agency

In Texas, the Texas Sunset Advisory Commission has recommended that the Department of Agriculture absorb the Texas Racing Commission. Here’s why:

  • The Racing Commission has an “unsustainable funding structure”
  • The Racing Commission can “can no longer efficiently carry out its mission “
  • COVID exacerbated the Racing Commission’s declining revenues
  • Can’t provide appropriate service to licensees because of limited staff and budget cuts
  • The Racing Commission has reduced the number of audits to ensure fair wagering

Texas Sunset Advisory Commission | Texas Racing Commission

+1 State Legislature Challenges Governor on Mask Requirements.

Where: Wisconsin

Who is challenging the Governor’s mask requirement order? Republicans

What are these elected officials saying about the Governor’s Order?

  • need to act quickly to check the governor’s misuse of his power
  •  illegal health emergency order
  • the legislature must meet to overrule the governor
  • Governor Evers ongoing desire to exercise unilateral control is unlawful and must be ended
  • disregard for the state constitution and the role of the three branches of government is mind-boggling

Center Square Wisconsin | Republican lawmakers demand legislature overrule Gov. Evers on mask order extension

How Housing & Property Rights are Symbiotic

The severest housing shortages are those that are most hostile to property rights.

Statistics say that to replace aging or destroyed housing stock, one million homes must be built each year.

When demand for housing is not met, the cost of housing is unaffordable.

Pacific Legal Foundation | If you care about housing, you should care about property rights