InfoHive – Eminent Domain

Which high speed rail authority has property challenges? California High Speed Rail

What Property challenges?

• Eminent Domain. Acquiring Property
• Landlord. It has acquired property that isn’t actively used but must be maintained.
• Toxic Land. It has to remediate toxic land it obtained
• Actively engaged in agriculture. To obtain a right of way, it had to purchase fields in some cases and now has at least 466 acres of land under cultivation
• Relocating Utilities. Acquired land has services that must be moved to continue the project.

Governing | California Bullet Train Slowed by Unforced Errors

Which court is considering whether a delegation of eminent domain authority include sovereign immunity? 3rd Circuit in In re PennEast Pipeline Company, LLC, — F.3d — (September 10, 2019),

What did the court say about sovereign immunity and eminent domain? Not happening unless there is a clear statement in the delegation

Yale Journal on Regulation | Delegation of Eminent Domain Powers to Private Entities: In Re PennEast Pipeline Co.

Where: Pueblo County, Colorado

What rail project: Southwest Chief & Front Range Passenger Rail Commission’s Front Range Rail

What decisions will voters make?

• taxing authority of rail district
• eminent domain authority of rail district
• bonding authority of rail district

Who oversees the district? The Southwest Chief & Front Range Passenger Rail Commission is under the Department of Transportation’s purview

Public Benefits of the rail line:

• support for population growth
• support economic growth
• offer sustainable, reliable travel choices

CPR | A Vote On Front Range Rail Could Come In 2020

Where: Arizona

When did Arizona pass statewide law prohibiting local bans of short term rentals? 2016

What did 2019 revisions do to this statewide protection of statewide short term rental rules?

• local licensing
• local officials can require information about short term rentals

How does Tempe, AZ proposal to regulate short term rentals look?

• Require contact information for the owner + an emergency contact
• and that the contact information be displayed in the short-term rental.
• Require contact information be updated in writing within 10 days of a change
• Creates a local database and local licensing forms
• Compliance with all federal and local laws, rules and regulations
• Require a transaction privilege tax license
• Defines a vacation rental or short-term rental

KTAR | Tempe considers regulating Airbnb-type short-term rental properties

What will the investigation by the federal Government Accountability Office focus on? Whether the use of eminent domain for the border wall is permissible against private and/or public lands in New Mexico

Why would it matter whether the border land is owned by the state or private land owner? There is a stronger argument to use eminent domain against the state based on a proclamation that pre-dates statehood

Albuquerque Journal | Eminent domain efforts for wall to be probed

The Opinion:

KP-0267 (2019)

Who requested the opinion?

Corrections Committee Chairman James White

What questions does the opinion answer?

• “whether a Texas court would conclude that the Eighth Amendment’s excessive fines guarantees are incorporated by the Fourteenth Amendment’s Due Process Clause or, alternatively, by its Privileges and Immunities Clause”
• “whether· Texas courts would recognize article I, section 13 of the Texas Constitution “as a constitutional guarantee that protects Texans from excessive fines.”
• “how a court would “likely interpret a law that mandates the executive branch to enforce a statute accompanied with an excessive fine.”

The answers:

• Q1. Yes.
  • TX Courts would find 8th Amendment excessive fine guarantees in the 14th Amendment Due Process Clause
• Q2. Yes.
  • This part of the Texas Constitution protects against excessive fines- there is a loophole. The Court could separate the unconstitutional part of the fine and permit the constitutional portion of the fine.
• Q3. Yes.
  • The US Constitution, the US Supreme Court ruling, would be instructive on Texas Courts.

Where:

US -Mexico Border

Who:

Rachel’s Network

What is the target audience of Rachel’s Network?

• addressing the “other side” of commonly-discussed issues
• targeting marginalized groups overlooked by media coverage and funding efforts
• such as translating eminent domain information + landowners’ rights materials into Spanish

How are funds being expended?

• Center for Biological Diversity
• Texas Civil Rights Project

Philanthropy Women | How Rachel’s Network Funds Vital Efforts at US-Mexico Border

Where:

California

What bill did not address raised eminent domain abuses?

SB 5 (2019 | CA) A bill to reestablish a redevelopment agencies that were know to have ” abused eminent domain” & replete with “crony capitalism.”

How much redevelopment funding is in SB 5?

• $2 billion a year to the local governments
• 1/2 of which is dedicated to affordable housing

LA Times | Some bad bills still alive as Capitol session nears the end

Where:

Utah

What is a “resolution of necessity”?

Utah local governments pass resolutions of necessity to authorize eminent domain actions by government attorneys

How much funding is included in a resolution of necessity?

The resolution lists the amount appropriated by the local government for the eminent domain taking.

Camarillo Acorn | City wants to strike deal with LDS church

Where:

Harris County TX

How is Harris County planning on strengthening its input in low income housing development?

By passing resolutions supporting developments.

What is Harris County’s goal?

To prevent what they see as arbitrary denial of low income housing tax credits

Community Impact | Harris County seeks to have more influence in tax credit process for low-income housing