InfoHive – Eminent Domain

Which Certificates of Need are likely on the policy chopping block? Certificates of Need for Hospitals and health care centers

Why? What are the policy reasons?

• Industry specific requirement that targets only healthcare
• Anti- Competitive to have to prove to a governmental entity that “your competitors don’t have enough capacity and there is an unmet need”

Who supports this? Institute for Justice

How many states have implemented a Certificate of Need requirement for health care facilities since the 1960s? 49. All except Lousiana

Governing | As Economy Reopens, a Push to Rethink Regulations

What did the appellate court say? Yes, Texas Central is a railroad thereby authorizing eminent domain authority

Up next: Appeal to the Texas Supreme Court

The Eagle | Opponents of Brazos Valley high-speed rail likely to appeal latest court ruling

D Magazine | Texas Central High-Speed Rail Wins Four-Year Court Battle

Where: North Dakota

What online property posting is being launched in North Dakota?

• Posting land for hunting access

Who will operate the online dates for hunting lands?

• The state Game and Fish Department’s online licensing platform

St. Louis Patch Dispatch | North Dakota launching online land posting app in 3 counties

Can local government commandeer property during an emergency in Texas?

No. Not going to happen without changing some laws.

What law needs to change? Government Code section 418.108

Can the Governor commandeer property during a disaster? Yes, Government Code subsection 418.017(c) specifically allows the Governor to commandeer property

KP-0304 (2020)

Question 1: Can local emergency orders include blocking property owners from accessing their 2nd homes?

Answer 1: No, unless a court determines that the local government is legitimately using its police power

Question 2: Can local emergency orders limit the use of 2nd homes by property owners?

Answer 2: No, and the Governor’s Executive Order states it supersedes local authority with this line: “any conflicting order issued by local officials in response to the COVID-19 disaster, but only to the extent that such a local order restricts essential services or reopened services allowed by this executive order . . .”

KP-0308 (2020)

Where: Missouri

What: SB 618 (2020 | MO)

What type of bill is this 3rd attempt of 2020? a bill about how gas companies deal with a government-mandated infrastructure surcharge

How was it added? In House committee and the House has approved the eminent domain prohibition previously this legislative session

Energy News | Missouri eminent domain bill takes aim again at Grain Belt Express project

Where: Big Daddy Zane’s, a bar in Odessa, Texas

Did the bar owner talk to the local sheriff? Yes, she says the Sheriff advise to keep the armed supporters out of sight

Where did the bar owner stage the armed supporters? On her private property “in the back”

CBS 21 | Arrests After SWAT Team Confronts Armed Protesters Supporting Texas Bar Owner Who Reopened Business

Where: Florida

What’s the lawsuit by short term rental owners about? By prohibiting short term rentals in the Florida Executive COVID Order, the Governor denied property owners use of their property

Did the Governor’s Order also close motels and hotels? No

Tampa Patch | Vacation Rental Property Owners Sue State For Coronavirus Losses

The State: Missouri

How did Missouri use federal COVID stimulus funding for meat packing? Allocating in the state budget $20 M to get meat packing plants up and running

What is the Missouri Cattlemen’s Association saying? “production has slowed as plants spread out workers for social distancing.”

KRCG | Missouri senators set aside $20M for meat packing plants

Cities that are considering removing minimum parking space requirements:

• Los Angeles
• San Francisco
• Austin has waived the requirement
• Seattle gives out transit passes rather than requiring on-site parking at each residential building
• Dallas is turning parking lots into parks

How has parking been impacted by COVID? Demand down 90% since mid-March

What companies are innovating parking space industry?

• Parking Spotter
• Spacer
• SpotHero
• Curbstand via a valet solution
• AirGarage
  • Partners with churches, hotels, restaurants- allowing the church or business to retain 70% of parking space rental fee

How have they pivoted after COVID?

• Utilizing parking spaces for pop-up grocery stores
• Empty parking lots have become pop-drive ins

The Hustle | Will COVID-19 change the parking business?