InfoHive – Eminent Domain

What legal question needs clarification in Texas?

• May a school district lease property when the lease is:
  • to a private party
  • the value of the lease exceeds the value if the district sold the property
  • the property will be used for non-educational purposes

RQ-0350-KP

Where: Gunnison County, Colorado

What: On April 3rd the County ordered owners of second homes in the county to leave or stay away

Supporters say: Local governments have police powers to protect health and safety. The County has one of the highest rates of COVID and limited hospital resources.

Opponents say: Violates the rights of Americans to travel freely

What did other Colorado local governments do?

• Aspen: Self quarantine for 14 days
• Clear Creek County closes to out of county visitors

Colorado Sun | It’s unclear if Colorado counties can legally evict visitors to slow coronavirus. But one is doing it anyway.

Which State Attorney General: Texas

What question will the Texas Attorney General answer?

• whether a local governmental entity under an emergency declaration has the authority to (1) prevent an owner of a second home from occupying their property and (2) limit occupancy of housing based on length of the occupancy’s term.

RQ-0352-KP

Where: Florida

What: SB 410 (2020 | FL)

How did SB 410 begin? As a requirement that local governments include private property rights in their comprehensive plans

What does the bill do now?

• Prohibits counties from making any land use decision “that serves as a limitation” on a cities’ land use and zoning practices.
• Cities can offer express consent for the county’s land use decisions
• This need to express consent applies to current city limits but also any land that may annexed by a city
• Applies to counties under 750,000

Florida Today | Our view: Governor should veto overloaded SB 410, which invites brawls on land use decisions

The Texas Attorney General Opinion Request: RQ-00348-KP

Who requested the Attorney General Opinion? The Commissioner of Banking

What question will be answered? whether a licensed PEO ( a staff leasing company) that collects payroll funds in advance from an employer-client to be remitted to covered employees at a later time is subject to the licensure requirements ofthe Money Services Act ifthat entity holds a PEO license under the Labor Code.

Why did this issue pop up?

• Texas Department of Banking also regulates PSPs, payroll service providers 
• traditional PSPs receive compensation from Texas employer-clients in exchange for the receipt and subsequent transmission of payroll wages and taxes to employees
• traditional PSPs require a money transmission license

The Attorney General Office: Texas

What question will Texas Attorney General Opinion answer? Whether or not Dallas County Commission has authority to change interest rates charged by pawn shops

What limitations did Dallas County Commissioners impose on pawn shops?

• Limit customers to 1 in the facility at a time
• maximum 15% APR
• extend how long a pawn shop must hold property
• with penalties of up to 180 days in jail and a $1000 fine

RQ- 0347- KP (2020)

State leaving beach closures to local officials: Texas

State closing beaches statewide: Florida

Did all local entities close Texas beaches? No

•  City of Galveston closed since March 29 
• Non incorporated Galveston opened beaches on April 13th
• Galveston Island State Park re-opened as all state parks did by Governor declaration on April 13th
• Corpus Christi beaches closed for Easter weekend, continue to be open until 8 p.m. daily
• South Padre Island beaches are only open for “active exercise”
• Rockport beaches are closed until April 30

Did Florida pivot to locals for re-opening? Yes, the decision to re-open will be that of local officials

Spectrum news | Florida Beaches Facing Criticism but Some in Texas Never Fully Closed

Where:  Illinois’ Naperville Park District

How is the park district adopting esports while athletic fields remain closed?

• created a six-week eSport competition 
• based on  Rocket League
• open to players of all ages and all skill levels
• no cost for participation

Benefits of incorporating esports into parks?

• not every parent can cover the cost of sports
• gender and disabilities become irrelevant in virtual games

What virtual classes is the park offering?

•  virtual services at NaperParks2You
• dance lessons
• yoga for children
• art, nature and learning activities
• Zumba class for seniors

Governing | Parks District Goes Virtual

Which property rights advocates? The Institute for Justice

What COVID related reforms is the Institute for Justice working on?

• Regulatory barriers for professional licensing
  • Medical licenses scope of practices issues identified in 7 states: CA, TX, FL, GA, NC, VA, OK
• Regulatory barriers for small businesses
  • Supporting Michigan independent garden centers and nurseries ability to operate during COVID
• Limit government overreach during the crisis

Institute for Justice | Opening Opportunities and Fighting Abuse — IJ’s Response to the COVID-19 Crisis

Where: San Francisco, CA

What: The city has been paying for hotel rooms. City Controller estimates that the 7,000 rooms could cost over $105 M over 90 days

What’s Phase 2? Commandeering hotel rooms which prompted this memo from the City Attorney Office

Curbed San Francisco | SF mayor, county may seize private buildings for coronavirus relief