InfoHive – Eminent Domain

Why is there opposition: “People in the middle are getting all of the negative and none of the positive,”

What has Congressman Brady said?  “My concern is not with the concept of high-speed rail. I just want to make sure our communities are protected.”

What would allow the company to use eminent domain? Approval from the state to operate as a railroad

What Texas Central Rail is saying about eminent domain: “Our goal is that payments go to landowners and not attorneys.”

Dallas Morning News | How many landowners are fighting eminent domain in the bullet train project? Curious Texas investigates

How is the federal government incentivizing eminent domain? By tying federal climate change funds to local governments agreeing to use eminent domain to remove homeowners from flood zones

New York Times | Trump Administration Presses Cities to Evict Homeowners from Flood Zones

How would an eminent domain bill help hospitals?

• When a hospital is being sold, for bankruptcy or other reasons
• The bill would ensure hospital real estate owners can’t block hospitals from continuing to serve the community

Becker’s Hospital Review | New Jersey officials slam Alaris Health owner for blocking hospital sale

Illinois is proposing a court-appointed system of advocates in animal cruelty cases.

The legislation: HB 3995 (2020 | IL)

How would the court appointed animal advocates work?

• The list would be compiled by the Dept. of Agriculture
• It would include pro bono attorneys and law school clinics that can offer pro bono legal services
• The advocate would ” represent the interests of justices regarding the health or safety of the dog or cat”

Opponents say cats and dogs are a property right.

The Hill | Protecting the most vulnerable: A proposed law to create animal advocates

Where: Arizona

What: Since 2016 has had taste preemption over short term rental ordinances, chipping away at this preemption is HB 2875 (2020 | AZ)

How will HB 2875 limit preemption?

• Allow cities to limit the number of people who can occupy a house to 2 per bedroom
• Allow cities to require the installation of safety and noise-monitoring equipment
• Allow cities to require that renters use any available off-street parking

Tucson | Arizona House votes to restore some local rights to regulate short-term rentals

In March 2020, San Francisco, California voters approved the Balanced Development Plan to tie office space development to affordable housing goals.

What does this mean? No more available office space, if affordable housing goals are not met in San Francisco.

What did the City’s economist say about the proposition?

• it will cost the city tens of millions of dollars in revenues
• it will cost the city thousands of jobs per year
• it will limit the city’s GDP growth by tens of billions over the next 20 years

San Francisco Balanced Development Act

If this isn’t a mouthful- disincentivizing gun free zones to strengthen property rights.

Who is saying this? A Republican Minnesota State Rep.

So what does he want to do to disincentivize gun free zones? Allow anyone injured by a gun on property that has established a gun free zone to be able to sue the property owner.

HF 3051 (2020 | MN)

The Neighbor | Legislator’s bill would disincentivize gun-free zones

Where: Georgia

What is Georgia’s HB 523 (2020 | GA) goal? To differentiate between a homeowner who wants to rent out their house for a total of less than 30 days & long term rentals, for properties that are rented for cumulative periods that exceed 30 days.

How did the bill address this? By defining “short term rental” and “long term rental”

Georgia Recorder | Lawmaker rethinks bill to prevent local short-term rental restrictions

Where: Colorado

The legislation: HB 20-1202 (2020 | CO)

How would it work?

• Before a park owner can sell. 1 year advance notice to residents.
• Resident Opportunity to purchase. The notice to residents must include a reasonable offer for the land.
• 3 month opening to buy. for the mobile home residents

Denverite | A proposal to help mobile home owners buy their parks advances at the Capitol

Where: North Smithfield Rhode island

What: City Council was considering a tree protection measure, but defeated the measure

What did opponents to the tree protection measure say?

• overreaction to a 400-acre solar project 
• more difficult for landowners to take down trees on their property that pose a hazard during storms
• we don’t want to restrict how landowners use their land

The Valley Breeze | Citing property rights, council rejects law to protect trees