InfoHive – Eminent Domain

Where: Texas

Who: Drew Springer

What is he saying?

• “I’d say 90 percent of Republicans think like we do,” Springer said. “There’s the middle two percent that want to stir the pot on everything and are keeping a lot of things from getting done.”
• “Springer said those two percent are keeping 1,400 oil wells in the Permian Basin from becoming operational which means the U.S. has to rely more on the Middle East for its oil.”
• ” It also lowers the tax base in Texas.”

Jacksboro Herald Gazette | REP. SPRINGER HOSTS JACKSBORO TOWN HALL

Where? Columbia, SC City Council

How would the vacant building registry work?

• initial registration is free
• after 1 year, non-residential buildings would have a $100 fee
  • after 2 years $500
  • after 3 years $1000
• after 1 years residential property owners would pay $50 fee
  • after 2 years $250
  • after 3 years $500

WLTX 19 | Columbia City Council approves vacant building registry ordinance

Where? Freeport Texas

Why is Freeport Texas important to eminent domain laws in Texas? An eminent domain issue in 2004-2005 was touted as a prime example of 2005 eminent domain reforms

What is happening in Freeport Texas now in 2019? resolution supporting the necessity of the port of Freeport exercising eminent domain

Institute for Justice | Texas Eminent Domain Censorship

Western Seafood Co. v. CITY OF FREEPORT, TEXAS, 346 F. Supp. 2d 892 (S.D. Tex. 2004)

the Facts | Port Freeport proceeds with eminent domain of East End

Where: Moab Utah

What type of project would use eminent domain? A bypass to move bug truck traffic out of downtown

What is the campaign rational supporting the use of eminent domain? The safety risk of large tricks in the city’s downtown

The Times Independent | Six candidates, but what’s the difference?

Where? First, Anchorage, now Austin, TX

What? An agreement between a developer & nonprofit Ending Community Homelessness Coalition

How much will be covered?

• housing 100 homeless people for up to 5 years
• $1.75 million in support to fund in-home health care and social workers

Austin Business Journal | Ahead of final rezoning vote, 4700 East Riverside developers announce plan to house homeless

How did we get here?

• Picture an open beach that surfers enjoy in Northern California
• A billionaire buys the property and closes the beach
• Legal disputes wind through state agencies, state courts, and federal courts
• Other beach access came into the picture, including ranch land with beach access
• IN 2018 Gov. vetoed a softer version of the bill
• 2019, Gov. Newsom signs AB 1680 (2019 | CA)

What does AB 1680 do?

• Provides public access for coastline
• Creates a crime for blocking beach access
• Grants Coastal Conservancy and States Lands Commission eminent domain authority to be used expeditiously to create boundary lines for beach access

LA Times | Newsom signs bill to open Hollister Ranch beaches to the public

Where: Miami Beach

What does state law say about short term rental fines? A cap of $1000

What does Miami Beach say? A $1000 fine isn’t stopping short term rental violations by wealthy property owners so they’re implementing fines from $20,000 to $100,000

What other enforcement mechanisms are being used by Miami Beach? shutting off utilities, including electric, water and sewage until a home owner proves that the property isn’t being used for short term rentals

Reason | Miami Beach’s $100,000 Fines for Airbnb Rentals Are Illegal, Court Rules

How do property rights come into the 2020 candidates? By lowering drug prices, the impact is taking intellectual property rights from pharmaceutical companies

Is this unusual in health care? No, the America’s Health Insurance Plans did the same in a letter to the Trump Administration

The Hill | 2020 Democrats embrace aggressive step on drug prices

Where: Florida

What’s happening with racetracks in Florida? Florida banned dog racing

What did racetrack owners do in response? Filed suit alleging property rights violations because state law categorizes racing animals, in this case dogs, as property

Orlando Sentinel | Greyhound racing supporters sue to overturn Amendment 13, which bans dog racing

Where: Richland, Washington

What’s the property background: Owners have lived there 40 years, want to add a bedroom, closet and bath to their 1/1 cottage

What’s the city say: Impact Fee is $60,000

What do property rights attorneys say? Institute of Justice says:

• the Supreme Court ruled that excessive fines constitutional protection applies to this
• impact fees have to prove an impact, and at the same owner is not a new impact

KEPR | Richland widow suing city for right to renovate home