Legal TREND. Roads. The loophole in Texas Eminent Domain Laws

The Texas Supreme Court ruled that local transportation projects are exempt from the 2005 Kelo fix to Texas eminent domain laws.

What part of the law did the Court find the exception in?

“[t]his section does not affect the authority of an entity authorized by law to take private property through the use of eminent domain for: (1) transportation projects, including, but not limited to, railroads, airports, or public roads or highways…” 

So… what are legal types saying? potentially all…

New Kid on the Block. Opposition to Texas High Speed Rail

The new kid on the block: ‘ReRoute the Route’

ReRoute the Route message:safer, smarter rail options in Texas

Who is in the coalition? land owners, elected officials and business leaders

What do they say the high speed rail route should look like?

  • endpoint closer to downtown Houston
  • follow established right-of-way such as the I-45 corridor
  • minimize eminent domain and private property concerns
  • minimize environmental impact concerns
  • alleviate safety concerns of the curved track design
  • foun…

Lege TREND. Curb Ride Share via Labor Code Legislation.

California AB 5 (2019 | CA) would codify state Supreme Court ruling concerning independent contractors.

App based independent contractors are being reclassified as employees under the ruling.

Is this legislstive reclassification of independent contractors to employees limited to ride share? No, it also hits trucking, construction, newspapers, and janitorial services companies.

In 2018 an alternative worker classification, marketplace contractor, was proposed by AB 2765 (2018 |CA). 

Los…

TX Attorney General Opinion. County Roads v. Public Roads.

KP-0240 is about whether a pulic road with a gate on on it, can the county open the gate, effectively treating the road as a county road. 

What did the Attorney General Opinion say about what the county can or cannot do with the gate on the public road? Until the road is a county road, or the county is party ot a court order, the county cnanot open the gate

What do I need to know about public roads and county roads from a regulatory/legislative approach?

  • Texas statutes use “county road” and…

Lege Trend. Anatomy of Direct Sales Auto Bill in the East. + Response from Auto Dealers that would make Emily Post Flinch

Connecticut Legislature is again considering H5285 (CT | 2019) to allow direct sales of automobiles by Tesla.

Connecticut is 1 of 16 states taht do not permit direct sales.

The response from autodealer association:

  • Tesla is laying off employees
  • Tesla is having problems with producing its $35,000 auto

Tesla’s message:

  • Tesla does not want any tax break
  • Tesla wants no handouts
  • Tesla wants to invest in stores and in job

Hartford Business | New governor and legislature, same Tesla bill

TREND. Mandatory Arbitration and Ride Share.

TRENDING is a move by electrd officials and ride sahre comapnies to move the companies away from mandatory arbitration for sexual harassment & discrimination claims.

Coming to a legislature near you soon.

Lexology | Airbnb Joins Uber And Lyft, Ending Mandatory Arbitration For Sexual Harassment And Discrimination Claims

Regulatory TREND. Fall 2018 Opposition Arguments to Texas High Speed Rail.

Ellis County residents offered the following reasons to oppose Texas Central Rail high speed rail project:

  • local property taxes will rise because “nearby properties will be taken out of the tax base”
  • eminent domain a railroad could take a 2 mile on each side swatch of land
  • destruction of family farms
  • uncertainty  too many unknowns for the comfort level of residents
  • environmental concerns the train will cut species migration

Waxahachie Daily Light | Ellis County Residents Express new…

Funding Source: Internet Tax Post US Supreme Court June 2018 Ruling. 2 Supporters.

Michigan is considering dedicating revenue from a new internet sales tax to transportation funding. 

What’s the revenue estimate? $200 million

Who else supports this use of the internet sales tax? 

  • The Michigan Department of Transportation
  • free-market think tank, the Mackinac Center

Iosco County News Herald | Michigan considers using internet sales tax revenue for road funding

Business, Legal and Regulatory TREND. Recouping the Cost of EV Charging Stations. Coming to a Legislature Near You.

WHERE: Missouri

What happened? Courts are determining whether EV charging stations are a means of obtaining a charging service or more like a gas station?

What’s the impact? If the EV charging stations are treated like gas stations then utilities can add EV charging stations in their rate base

What did the state PUC argue? That the EV charging stations offer a service, not the sale of electricity, and are not to be included in the rate base

What are Missouri courts saying? An Appellate…