Legal Trend: Archeologists Get Involved in Rail Opposition

A nonprofit group of archeologists in Florida are vocalizing opposition to a high speed rail plan because the high speed rail will block their ability to recover artifacts. Other opposition includes:

  • block access to artifacts in known exploration areas
  • constant train noise pollution
  • damage to wildlife
  • slow down emergency response times

Their lawsuit in federal court asks the court to void the bonds backing the high speed rail.  

Legal Trend: Ride Share Drivers Employees or Independent Contractors

Lyft has been fighting a law suit over whether its drivers are employees or indpendent contractors. This determination is crucial to determine how much liability Lyft may have if something bad happens or in reimbursing its drivers for  expenses.

A San Fracnisco judge denied summary judgment motions and ruled that a jury should determine whther the ride share drivers are employees or independent contractors.

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AG Opinion: 6 Things to Know about Transportation Reinvestment Zones

Attorney General Opinion, KP-004, tells us without a constitutional amendment, a county probably cannot:

  • Create a County Energy Transportation Reinvestment Zone
  • Create a County Transportation Reinvestment Zone
  • Create a County Tax Increment Reinvestment Zone

The AG rational is that:

  • Article VIII, Section 1(a) doesn’t permit counties to c…

Legal Trend: Declaring Property part of a Transportation Corridor is Effectively Eminent Domain

North Carolina Department of Transportation has the authority to determine what land is in a transportation corridor. Sounds innocuous. But, by classifying land as in a transportation corridor, it can also trigger land use restrictions. The land use restrictions tend to make the land cheaper for the state to buy later. Good for the state to keep transportation project costs down, not good for landowners who think their land is more valuable. 

As we’ve seen in Texas, restricting how…

Distracted Uber/Lyft Drivers Lead to New Lawsuits & 4 New Legislative Issues

Uber & Lyft are extremely convenient for passengers. Their ease stems from their apps which quickly bring transportation to you. As a result, Uber/Lyft drivers are glued to their apps awaiting new fares. This focus on the next fare is leading to distracted driving, new laws and law suits. 

In December 2014, a lawsuit was filed against a Lyft driver when the driver’s Lyft app was open when an accident occurred. In the same month, an Uber driver allegedly hit and killed a 6 year …