Land Use & Property Rights

Texas Public Policy Foundation lays out 3 reasons that local tree cutting ordinances harm private property rights:

City: Lowell, Massachusetts

Vote threshold for eminent domain actions: 6 of the 9 city councillors 

Lowell Sun | Belanger blasts City Council colleagues

In 2017, Idaho passed short term rental law ( HB 216 ) that is being hailed by the right as model legislation because the regulations:

• requires owners of short-term rentals to pay state sales and hotel taxes
• taxes will be collected by “marketplaces” such as Airbnb
• property owners to register with the state tax commission 45 days after their first lodging transaction
• uses state authority to stop local bullies from singling out STRs for special mistreatment
• local governments can regulate short term rentals when “circumstances [are] necessary to safeguard public health and welfare”
• ” perfect use of the right of state governments to pre-empt the locals from using their tax and regulatory authority to abuse individual rights”

Idaho House Bill 216 (2017) 

Idaho Business Review via RStreet | Idaho vacation-rental law is a model for the nation

• About 50% of states allow landowner owners to recover attorney fees in successful eminent domain challenges
• 85% of land owners accept the final offer
  • Texas Civil Justice Leage found that 50% of landowners would go to court if they could be awarded attorney fees on a successful result
  • Florida which permits attorney fees awards has not experienced any of the negative results
• 77% of land owners who take their eminent domain case to court receive 20% or more than the final offer

Houston Chronicle | Eminent domain fight pits two of Texas’ sacred cows against each other

Background for article: A land owner who was offered  less than $50,000 for mile-long swath of pasture and oak trees that abuts the family cemetery, and a commissioners court awarded more than $600,000.

How the article sets up land owners v. energy:

• Landowners claim that not allowing a land owner who prevails to be awarded attorney fees “​provides incentives for utilities, pipeline companies and government entities to undervalue properties in eminent domain takings”
• Energy industry argument against allowing for an award of attorney fees is that douing so would “encourage more lawsuits and raise the cost of projects.”
• What’s driving the energy v. land owner rhetoric now:
  • Pipelines in the Permuian Basin
  • High Speed Rail

Houston Chronicle | Eminent domain fight pits two of Texas’ sacred cows against each other

SB 965 (2017) by Zaffirni would:

• Counties along the river will be able to approve the creation of water and safety zones
• The water & safety zones can impose fees of up to $4 per person
• The fees would support services such as rental of recreation equipment, shuttle service or ingress or egress service
• Due to limited law enforcement the water and safety zones would serve to protect land owners along the San Marcos River

House Sponsor: Cyrier

Texas State University Star | Senate passes legislation to protect San Marcos River

San Marcos Mercury | Texas Senate authorizes special San Marcos River recreation district

State: Virginia

How are private property rights and gun rights butting heads? A retirement community is seeing gunfire from a neighboring agricultural land area on which the owner fires his guns

What is the loophole in the code?  landowners can fire their weapons on their land at pleasure “on any private property in a “basement, cellar, or target range,””

WY Daily | Gunfire near Colonial Heritage pits gun rights against property rights in James City County

The legal fight: Texas Central Rail and Grimes County

The court:  506th District Court in Texas

The judge’s words: The defendants (Texas Central Partners) and their agents are permanently enjoined from performing surveys or other studies which damage, alter or impair county maintained rights of way,”

What Grimes County says it does: prevents Texas Central Rail from exercising precondemantion surveys  & Texas Central Rail does not have eminent domain authority

What Texas Central Rail says it does: Surveys will continue, as they have, and no damage will be incurred by the county

Navasota Examiner News | Judges rules in favor of county, against TCP

Cities in Florida rejoice that the Legislature failed to pass statewide short term home rental legislation. 

The bill would have preempted local ordinances on short term home rentals.

Sarasota Herald Tribune | Vacation rental bill dies, but sponsor pledges to bring it back

The alleged crimes: “fraud by getting inside information from the Texas Department of Transportation to buy cheap land alongside Interstate 35E and then flip it to the state at inflated prices”

How was the land value increased? land underdevelopment was considered to be a higher value 

The “profit” generated by these sales to TXDOT? $12.6Million

Dallas Morning News | Second Dallas investor to admit to scheme using inside TxDOT info to flip highway land for profit

State & Pipeline: Keystone XL in Nebraska

What is the hearing about: Whether the pipeline can be granted eminent domain authority

What happened at the 10 hour hearing:

• Allowing for eminent domain, according to private proeprty rights supporters  would result in protests that  “would make the mass protests that accompanied the Dakota Access Pipeline in North Dakota look like a “dress rehearsal.”

With how many of the landowners has the pipeline reached an agreement? 90% of the landowners have reached an agreement with the pipeline

Omaha World Herald | Supporters, opponents bring familiar arguments to 10-hour public hearing on Keystone XL pipeline

How does this project seek to avoid eminent domain? The hydrogen superhighway proposed in Michigan will elevate the superhighway, limiting the need for access roads.

What will the superhighway carry?

•  vehicles for public transit
•  individual automobiles
• standard ISO freight containers
• an embedded hydrogen distribution pipeline system

Government Security News | Michigan company sees ‘Hydrogen Super Highway’ as the future of rail transportation

Private property rights groups say the eminent domain bills of the Texas Legislature are too watered down to support.

The bills do not protect propety owners by not:

• providing a guarantee of a fair market value for land owners

NewsTalk 710 | A Setback On Eminent Domain Reform

ALEC on eminent domain for high speed rail:

“Of course, a great many public use transportation infrastructure projects ultimately need to use eminent domain to be able to reach completion. Specifically, railroads, including those in Texas, have long had to resort to eminent domain to provide a bene t to the public as have highways and other public infrastructure. And the truth is that trying to build a railroad (or highway) without some sort of eminent domain is nearly impossible. “

“Like the authority or not, eminent domain is a constitutional guarantee given to the government and assumed by the states.”

ALEC | Innovation in Transportation: Private Investment in Public Infrastructure  in Texas 

State: Mississippi

The tax proposal on home sharing: 

• is triggered if a person rents out their home, or a portion thereof for less than 90 days
• must remit 7 %state sales tax on gross revenue from the rental and related charges
  • other charges include: such as soap, coffee, food or other amenities
•  requires collection and remittance of any applicable local government “hospitality” taxes

Clarion Ledger | Mississippi Dept. of Revenue pushing to tax Airbnb, other rentals like hotels

City: Seattle

The proposed home sharing ordinance:

• requires hosts to get a short-term rental operator’s license with the city
• no city restrictions on the number of nights on a primary residence
• hosts can own 2 properties within seattle under the ordinance

NBC K5 Western Washington | Seattle Councilmember proposes Airbnb regulations

In competing constitutional rights, the Dakota Access pipeline protests, which have had violent moments, is placing the following security measures in place for the legal fight:

• No guns
• No knives
• No video cameras
• No signs, posters or banners larger than a standard sheet of paper
• No  noisemakers
• No backpack
• No large bags
• No containers and coolers

News Channel Nebraska | ‘Security Measures’ Planned for Pipeline Hearing

Eminent Domain protestors in Pennsylvania have lived in trees for more than a year to protest a pipeline. 

WJAC | Group lives in trees for more than a year to protest pipeline

The state: Virgina

The legislative action at issue:  In 2003 the VA Constitution added:

 “That the General Assembly shall pass no law whereby private property, the right to which is fundamental, shall be damaged or taken except for public use.”

The VA Supreme Court: What happens if the Court rules that the right to private property is fundamental:

• shift zoning cases to judges, from local governments
• zoning cases will have heavier scrutiny
• court dockets would be clogged

News Leader | How county pipeline case in Va. Supreme Court could shape eminent domain law

The agency: Texas General Land Office

The land: Rollover Pass on the Boliver Penninsula

The entity using eminent domain: Galveston County

Where are the courts? County Court-at-Law Judge ruled in favor of the use of eminent domain. The next phase will be detemrineing value.

Beaumont Enterprise | Court order could doom Rollover Pass

The Republican Chairman of the Regulated Industries Committee that heard Florida’s proposed statewide short term rental bill said the following in opposition to the bill:

• He’s an advocate for local control of vacation rentals
• He offered an amendment to preserve local control, his county attorney opposed the amendment
• He brings the bill up for a vote, and votes no. There were more than ample ayes to pass the bill.

Palm Coast Observer | Florida State Senator Travis Hutson | Here’s what’s really happening with the vacation rentals bill in the Florida Senate

State: California

Mining Method banned by state law for mining on federal lands: suction dredge mining

The property right interest: mining claim

What can state laws do in this case? State laws can supplement federal laws but cannot friustrate federal laws

Is this getting addressed by policy?regulations? statutes? courts? The US Supreme Court will consider whether to hear the case.

Pacific Legal Foundation | Briefing complete on cert. petition in Rinehart v. California

• New kid on the block defending property rights on the border: Texas Civil Rights Project
• The border wall would trigger a federal use of eminent domain, and not Texas’ use of eminent domain
  • An alleged leaked memo says an actual fence will be built on roughly 36 miles of land in the Rio Grande Valley
• In 2006 when a wall was last attempted, 100s of lawsuits were filed 

Valley Central | Border wall plans spur effort to help Texas landowners with eminent domain

Compensation & Valuation:

• TX + 28 states use the Broad Instruction Approach
  • Broad Instruction Approach provides minimal instruction on compensation
• 17 states use the Factor Based Approach
  • Factor Based Approach specifically lays out what considerations should be followed by the court in determining the fair market value of the land. 
  • Seeks to ensures that relevant information is considered in every condemnation case 

A consideration for Texas:

What is flipping right of way?  2 investors have been investigated by the FBI for buying right of way near I-35East, and arguing that land delveopment deals increased the land’s value when the land was sold to TXDOT.

What happened to the 2 investors? 

• 1 entered a guilty plea to one count of conspiracy to commit mail fraud
• 1 is awaiting trial

The amount garnered from the land transactions?  2 investors received $12.9 million above their purchase price

Dallas Morning News | Dallas man admits fraudulently buying and flipping highway land to state at huge profit

Attorney Fees:

• TX awards attorney fees if the condemnor doesn’t make a bonafide offer
• 40 other states award on a broader basis
  • 4 states use as standard of 110% of condemnor’s offer 
  • Colorado uses a standard of 130% of condemnor’s offer 
  • 2 states use a standard of 120% of condemnor’s offer 
  • 2 states use a standard of 115% of condemnor’s offer 
  • 6 states use a standard of any amount over the condemnor offer
  • 1 state uses a standard of “closer to land owner’s value than condemor’s attested value of property”
  • 10 states award attorney fees if the condemnor did not have authority to condemn

Texas A&M | LAW AND POLICY RESOURCE GUIDE 

State: Utah

How did Utah end up protecting the right to advertise your property on AirBnB? 

• The legislature left cities and counties with the ability to regulate short term rentals
• But, the Legislature provided statewide protection by permitting advertising of your property on AirBnB platform. 
• The advertising provision replaced a preemption provision. 

Utah House Bill 253 (2017) 

Moab Sun News | Rentals bill shifts focus to online advertising

​

• Private companies exercise eminent domain all the time in Texas with no gross mismangement
• Private rail has exercised eminent domain for more than 100 years
• Texas has property owner protections

Dallas Morning News | Why it’s perfectly appropriate to allow a private railroad to use eminent domain

State: Florida

Legislative Fix: 

• Increase a reservoir capacity
• Stop overflows of toxic “guacamole water” into the state’s rivers and streams

The Eminent Domain issue:

•  Eminent domain authority amendments failed
• SB 10 prohibits the use of eminent domain

FLORIDA SB 10 (2017)

Florida Politics | Senate approves plan to fix Lake Okeechobee, end algae invasions

AirBnB has entered into an agreement with the Comptroller’s Office that requires:

• Guests will be required to pay the  6% hotel occupancy tax
• The 6% tax will be assessed beginning May 1st
• AirBnB will collect and remit the tax

It is estimated in 2016, AirBnB would have generated $8 million in hotel motel taxes.

Dallas Morning News | Airbnb to start collecting hotel taxes in Texas beginning May 1

State: Indiana

The eminent domain legislation: 

• heightens the public use standard
• puts into state law a federal appraisal standard
• limits the amount of land that can be taken, tying all the land to the public use

Northwest Indiana Times | Rail eminent domain changes win legislative approval

Indiana House Bill 1260 (2017)

• A lawsuit from 78 year old property owner and a countersuit by Texas High Speed Rail had a hearing this week
• What put them into court was whether the rail could have pre-condemantion access to the property to survey it
• What kept them in court, when Texas Central Rail, had dropped other similar lawsuits, was that this lawsuit wanted Texas Central Rail to admit that it did not have eminent domain authority

No ruling yet from the Court. 

KBTX | Leon County landowner meets high speed rail company in court

• “Many [Senators] still consider the privately financed plan a boondoggle”

Austin Business Journal | Bills targeting Texas high-speed rail spark debate in Senate Transportation Committee

• The bill prohibiting eminent domain for high speed rail has been sent to Local and Consent. 

Austin American Statesman | Bills stalling or stopping bullet train pass Texas Senate committee

• Focused on the land owners experience. Including this quote from a member of the Board of Directors  of the  Texas and Southwestern Cattle Raisers Association, “”Private law abiding citizens should not emerge from the eminent domain process battered, bruised and financially poorer by the deeds of condemnors who are acting as agents of the State of Texas,”

My Highland Plains | Texas Cattle Raisers Testify in Support of SB 740 for Eminent Domain Reform

Oakland Mayor Schaaf intends to use eminent domain to prevent the Raiders from moving to Las Vegas.

Sound far fetched? Oakland has used the same tactic before.

Oakland News Online | Mayor Schaaf Announce Plan to Take Oakland Raiders

CSNBayArea | OAKLAND MAYOR CONFIDENT IN KEEPING RAIDERS

State: Michigan

Bill language from Michigan: 

The Georgia Legislature passed House Bill 413 which sets for an eminent domain compromise for privately owned pipelines that:

• requires a 2 step permit process
  • Permit #1 is environmental and for the length of the entire pipeline
  • Permit #2 is from the Georgia DOT that grants a public need permit to authorize eminent domain
• the permits can be appealed by citizens when the permits are granted

Savannah Morning News | Georgia lawmakers pass compromise pipeline bill

Let’s get the big issue disposed with first- did Texas file a brief supporting property owners? No. Negatory. Not happening.

So what interest does Nevada have? The case is very important to states federal lands where the feds often  try to restrict the use of state-owned lands that abut federal land

Why does the federal control of land in Texas sound fmailiar? Yes, because Texas had that issue along the red river. 

Elko Daily Free Press | Commentary: Why Nevada joined a Wisconsin property rights case

Maine Public Utilities Commission’s staff is urging a statewide ruling that underground storing og liquified natural gas is not in the public interest.

The impact of these types of actions:  No eminent domain authority.

Maine Public Radio | Proposals to Store Natural Gas Criticized

What’s happening in Georgia?

• In 2006 Geogria passed Kelo based eminent domain reforms
• In 2017, the Georgia Legislature has passed a bill to allow property to be acquired by eminent domain and to be transferred to a private developer if the property is blighted

Atlanta Constitution Journal | Watchdog: Georgia bill lets cities take blighted land for developers

Georgia House Bill 434  (2017) 

Which state agrees local control is very 1995? Florida

What is Florida’s legislative hisotry with vacation rental bills?  

• In 2011 Florida bafrred local regulation
• In 2014, Florida Legislature returned some control to cities
• In 2017, Florida is moving legislation to regain statewide control

What are supporters saying in 2017? That city regulations are infringing on property rights

What’s the 2017 legislation look like? 

• invalidates any city ordiannce enacted after 2011
• returns vacation rental statutes to full preemption

What groups are supporting statewide regulation?

• Florida Chamber of Commerce
• Florida Association of Realtors

WFSU | House Lawmakers Advance Bill Barring Local Regulation Of Vacation Rentals

Florida HB 425 (2017) 

TPPF lays out 2 ways by which Austin’s heritage tree ordinance violates private property rights:

• Tree ordinances are effectively seizing private proeprty without compensation
• Control over natural resources dates back to the origin of private property rights

The legislative solution:  explicit statutory authority “that landowners own all the trees and timber on their land while also prohibiting a governmental entity from creating these kinds of regulations”

Statesman | Commentary: Austin tree ordinance violates private property rights

…Illinois

For a county to build a connector road project, the county has to receive authority for a quick take eminent domain from the state.

Once quick take eminent domain authority is granted, the county has 1 year to exercise eminent domain.

Herald & Review | Macon County awaits state action on eminent domain authority

• The President’s budget proposal includes $4.1 billion for land acquisition & 20 new DOJ attorneys
• DHS offered $1200 for 1.2  acres from a land owner
• The notice land woners received was entitled “Declaration of Taking.”

Houston Chronicle | Report: Texans on Mexico border receive letters threatening eminent domain for Trump’s wall

Texas Observer | Texans Receive First Notices of Land Condemnation for Trump’s Border Wall

Dallas Morning News | White House defends use of eminent domain for border wall as feds gird for land fights

State: Idaho

The landowner bill of rights, HB 301, has these goals:

• protect private property rights
• & at the same time support the new oil and gas industry in Idaho

Idaho House Bill 301 (2017)

Idaho Press Tribune | Modernize oil and gas laws and protect landowner rights

The Court: South Dakota Supreme Court

What issue was the court trying to address: Whether all water was accessible to the public if it could be reached without trespassing on private land?

What did the Court say?  

• The legislature has considered this issue 3 times since 2004 and hasn’t passed any bill on the topic
• Forbids Game Fish &Parks from facilitating access to the public on waters and ice over private property
• Game Fish &Parks, the state agency, doesn’t have the legal authority to allow people access to flooded waters or ice over private property without legislative approval.

What did private property rights advocates say about the ruling?

• Game Fish & Parks, the state agency, was motivated to “open additional lands to hunting and fishing without seeking legislative approval.”

Argus Leader | High court strikes victory for private property rights

Which mayor reached a a tax deal with AirBnB ? Miami Dade Mayor

Which taxes will AirBnB now collect in the Miami-Dade area?

•  6% Miami-Dade resort tax
• Miami Beach 4% convention Tax

Governing | Airbnb Strikes Tax Deal With Miami-Dade Mayor

10+ local bills can still be filed after March 10th.

HB 4271  Relating to the creation of the East Houston Management District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

SB 2244  Relating to the creation of the University Hills Municipal Management District; providing authority to issue bonds; providing authority to impose assessments or fees.

SB 1996  Relating to the creation of the Rio de Vida Municipal Utility District No. 1; providing authority to impose a tax and issue bonds.

HB 3173  Relating to the creation of the East Lake Houston Management District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

HB 3136 Relating to the creation of the Windsor Hills Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments and fees.

HB 2744  Relating to the creation of the Channelview Improvement District; providing authority to issue bonds; providing authority to impose fees and taxes.

SB 956 Relating to the creation and operation of a park and recreation district in counties that share a border on the San Marcos River and to the authority of the district to collect fees and issue bonds; creating a criminal offense.

HB 922  Relating to the creation of the Southwestern Travis County Groundwater Conservation District; providing authority to issue bonds; providing authority to impose fees.

SB 1361  Relating to the powers and duties of the Sabine-Neches Navigation District of Jefferson County.

HB 2952 Relating to the powers and duties of the Sabine-Neches Navigation District of Jefferson County.

36+ local bills can continue to be filed after March 10th

HB 1056  Relating to the powers and duties of certain water districts, including the power of eminent domain.

SB 2139  Relating to the creation of regional transit authorities; granting the power of eminent domain; providing authority to issue bonds and charge fees; creating a criminal offense.

HB 1986  Relating to the creation of regional transit authorities; granting the power of eminent domain; providing authority to issue bonds and charge fees; creating a criminal offense.

HB 4268    Relating to the creation of the Celina Municipal Management District No. 2; providing a limited authority of eminent domain; providing authority to impose taxes, levy assessments, and issue bonds.

HB 3219 Relating to the powers and duties of the Meyer Ranch Municipal Utility District of Comal County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 2851  Relating to the creation of the Onion Creek Watershed Hays and Travis Counties Flood Control District No. 1; granting a limited power of eminent domain; providing authority to impose assessments and fees.

SB 1198 Relating to the conversion of the Hays Caldwell Public Utility Agency to the Alliance Regional Water Authority; providing authority to issue bonds; granting the power of eminent domain; providing authority to impose fees.

 HB 2540 Relating to the conversion of the Hays Caldwell Public Utility Agency to the Alliance Regional Water Authority; providing authority to issue bonds; granting the power of eminent domain; providing authority to impose fees.

SB 914   Relating to the creation of the Kendall County Water Control and Improvement District No. 3; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 1523  Relating to the creation of the Southwest Travis County Special Utility District; providing authority to issue bonds; granting a limited power of eminent domain; providing authority to impose fees and assessments.

HB 1455 Relating to the creation of the Harris County Municipal Utility District No. 552; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 2245  Relating to the creation of the North Hays County Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 4273 Relating to the creation of the North Hays County Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 4272   Relating to the creation of the Harris County Municipal Utility District No. 554; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 1526 Relating to the creation of the Montgomery County Municipal Utility District No. 158; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
 

HB 2912   Relating to the creation of the New Fairview Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 1261 Relating to the creation of the Montgomery County Municipal Utility District No. 157; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 2687  Relating to the creation of the Lago Bello Municipal Utility District No. 1 of Harris County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 2681  Relating to the creation of the Blaketree Municipal Utility District No. 2 of Montgomery County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 2625 Relating to the creation of the Montgomery County Municipal Utility District No. 158; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 2624 Relating to the creation of the Montgomery County Municipal Utility District No. 157; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 2566 Relating to the creation of the Denton County Municipal Utility District No. 9; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 1118 Relating to the creation of the Blaketree Municipal Utility District No. 2 of Montgomery County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 1043 Relating to the creation of the Brazoria County Municipal Utility District No. 70; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 1042 Relating to the creation of the Brazoria County Municipal Utility District No. 69; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 996 Relating to the creation of the Trinity Lakes Municipal Utility District of Montgomery County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 995 Relating to the creation of the Montgomery County Municipal Utility District No. 154; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 2134 Relating to the creation of the Trinity Lakes Municipal Utility District of Montgomery County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 2075 Relating to the creation of the Cresson Municipal Utility District No. 1 of Hood County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 2031  Relating to the creation of the Cresson Crossroads Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 1963 Relating to the creation of the Brazoria County Municipal Utility District No. 70; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 1962 Relating to the creation of the Brazoria County Municipal Utility District No. 69; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 905  Relating to the creation of the Cresson Crossroads Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 904Relating to the creation of the Cresson Municipal Utility District No. 1 of Hood County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 1440  Relating to the creation of the Montgomery County Municipal Utility District No. 154; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 1331 Relating to the creation of the Fort Bend County Municipal Utility District No. 224; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

• Property Rights are Sacred
  • ​“As a small business owner and real estate broker in Texas, I know firsthand that property rights are one of the most sacred liberties that Texans enjoy,” Holland said. 
• Fair Market Value Offers will cut court costs
  • “HB 2556, my component of eminent domain reform, will empower property owners and commission condemning authorities to extend fair market value offers to deserving landowners, additionally saving our state from frivolous administrative appeals costs by cutting out the tiresome back-and-forth of the broken process.”
• Burden should not be in the property owners to replace their own property
  • ​a public condemning authority should be required to appraise the replacement costs to landowners of structures lost in the action. 
• Eminent Domain transactions should be priced like private transactions
  • “The result is an undue burden on property owners who often receive an amount that is less than what could be recovered in a private transaction,” Holland said. 

Royce City Herald Banner | Holland files House Bill 2556

What’s happening in South Carolina? The South Carolina Legislature is headed to restrict or limit eminent domain for pipelines.

This is how the Republican Chairman of the Substantive Committee is framing the issue:

• “Regardless of what we do with eminent domain” (a ban or harder regulator standards)
• “the pipeline companies can still negotiate with landowners”
• “to purchase an easement or right of way, or buy the property outright” (pipelines have options)
• “We are talking about private, for-profit, unregulated companies having the power of government to take or force easement on the landowners.”
• “I don’t support keeping pipelines out of the state, but this should create a level playing field,”

The South Carolina balancing test being reflected in other states:  We want pipelines/transmission lines/name your priavet entity eminent domain But we need a level field for private property rights.

Augusta Chronicle | SC lawmakers consider future of eminent domain, pipelines

State: Oklahoma

The Stand Your Ground By Killing Drones Bill Goal:  Liability Immunity for OKlahomans who damage drones that veer onto their property

Oklahoma SB 660  (2017)

Fox News | Oklahoma lawmaker wants to protect people who destroy drones flying on their property

The Missouri 2017 Bills: H.B. 640 and H.B. 795 

What the bills do:

• restrict utility easements
• limit eminent domain
• require new projects to use existing easements
• run any new routes along property boundary lines
• requires agreement of 60% of landowners before using eminent

KTVO | Walker leads capitol rally on “Stop Eminent Domain Day”

• When private property rights are protected, people build equity and ownership
• This is good for the US & free markets
• When property rights are not respected, people are at the mercy of the government

Tyler Morning Telegraph | Editorial: Property rights are they key to improving housing, lives

• In 2006, Georiga passed eminent domain reform by way of House Bill 1313
• The problems with HB 1313 from 2006
  • eminent domain used on blighted properties causes a block on a city re-selling the property for 20 years
  • cities can no loner acquire multiple parcels for redevelopment purposes
• The 2017 legislative fix
  • allow for the creation of an “urban development authority”
  • the urban development authority would be allowed to:
    • eradicate blight and spur economic development
    •  provide low-interest loans for home repair; and 
    • providing financial backing for a grocery store in “food deserts

Savannah Morning News |Savannah struggles to sell blighted homes

Georgia’s Senate Bill 191  sets up this 2 step process for a pipeline to obtain eminent domain:

• receive a “certificate of need” from the Georgia Environmental Finance Authority; AND
• approval by Georgia’s environmental agency 

A late amendment prohbited pipelines in coastal areas, the Georgia Coastal Zone Management Program, to “protect the drinking water.”

Atlanta Journal Constitution | Georgia Senate approves new pipeline limits

• demand responsible routing of utilities along property lines, boundary lines or section lines
• require minimized land damage
• Limits the amount of PSI exerted on soil

What supporters say: “protects our property rights from those who would steal our land for their own profit.”

How does the bill apply? It applies to all condeming entities BUT only to agricultural land.

Missouri HB 640 (2017)

Southeast Missourian | Mo. Agricultural bills

The Case:  Murr v. Wisconsin

The oral arguments: March 20, 2017

The eminent domain issue: Property owners wanted to sell some land. The city and state  said No, the property doesn’t meet requirements for stand alone sale because of waterway regulations.

How’s the case is shaping up?  CALIFORNIA, HAWAII, ILLINOIS, MAINE, MASSACHUSETTS, MINNESOTA, OREGON, VERMONT, AND WASHINGTON are siding with Wisconsin. While NEVADA, ALASKA, ARIZONA, ARKANSAS, KANSAS, OKLAHOMA, SOUTH CAROLINA, WEST VIRGINIA, AND WYOMING  are siding with the property owners.

SCOTUSBlog | Murr v. Wisconsin

Reason | Supreme Court Will Examine Whether a Wisconsin Family Needs Government Permission to Sell Their Land

Where: West Virginia

The eminent domain project: A gas pipeline

The religion owned land: Hare Krishna community

The 1st amendment argument: “infringement on its freedom of religion rights and “seeks to take a non-metaphorical bulldozer through the Vrindaban Parties’ property, and in turn, through their most sincerely held holy sites.”

The property to be taken:  50-foot-wide right of way about 3,000 feet long

The Offer: $7,000

Stay Tuned.

Power Source | Gas pipeline raises freedom of religion issue in W.Va.

State: Oregon

The Advocates want:

• Crack down on “bootleg” construction. (Do images of lumber jack beards and moonshone pop into your head too?)
• Protection for non-sited tiny homes
  • House Bill 2165
  • fall under the standards for recreational vehicles
• Construction Codes 
  • House Bill 2737
  • special construction codes for homes that are smaller than 250 sq.ft.
  • allow narrow ladders or stairways for lofts
  • allow narrow ladders or stairways for lofts
  • exemptions from required electrical service and water supply

The policy issues that cities want to solve with tiny houses:

• ease tight rental markets
• address growing problems with homelessness

Salem Statesman Journal | Advocates want Legislature  to pave way for tiny houses

State:  California

The current way attorney fees are awarded in eminent domain: Since 1975, attorney fees can be awarded in California for eminent domain if:

• final offer of compensation was unreasonable
• the final demand of the property owner was reasonable

Assembly Bill 408 wants to change the standard for attorney fees in eminent domain to: 

• Attorney fees must be awarded if condemnor’s offer is lower than 90% than the court’s value determination
• Attorney fees may be awarded if condemnor’s offer is between 90-100% of the court’s value determination

What opponents to AB 408 are saying: this will disincetivize landowners from settling, encourage more litigation and thereby drive up costs for public projects

Nossaman LLP | California to Consider Significant Change to Eminent Domain Law Regarding a Condemnee’s Right to Recover Litigation Expenses

Which city is subject to an Institute for Justice lawsuit for fining its way to eminent domain? Charlestown, Indiana

What’s the alleged nouveau eminent domain use? Fining property owners out of their homes for minor infractions, like a torn screen. Its a bludgeoning by the housing code.

What happened after 1000s in fines accrued? The city made offers to land owners that the fines would be waived if the property owner sold their property to a developer for $10,000.

Institute for Justice | Lawsuit Challenges Mayor’s Mission to Bulldoze Low-income Neighborhood for Private Development

The State: Pennsylvania

The eminent domain prohibition: no eminent domain for private enterprise, even if there is a public use

The pipeline project: An interstate liquid natural gas pipeline is subject to federal law that allows for eminent domain even when state law prohibits it

Penn Live | Second Sunoco pipeline possible in Cumberland County, landowner continues fight

North Dakota Legislature proposed a pilot program that would allow land owners to post whether and when their land is available for hunting.

North Dakota Senate Bill 2225 (2017)

AG Week | North Dakota Senate defeats property rights bill

Tyler Morning Telegraph editorial opposing Texas Centrail Rail raises these 3 points:

• This isn’t a rural-urban issue. This is a property rights issue.
• You can’t say this is a private enterprise, promoting free market when you use eminent domain, because eminent domain is the opposite of free market.
• This is crony capitalism with the government  “thumb on the scale”

Tyler Morning Telegraph | Editorial: Texas bullet train an example of crony capitalism

A legislator coalition joined forces to limit eminent domain for high speed rail. Who is involved?

• Senators Birdwell, Creighton,  Kolkhorst, Perry, & Schwertner
• Representatives Ashby, Bell, Cook, Schubert, and Wray 

Which eminent domain issues are being addressed?

• Pre-condementation Access to Property. SB 973 by Creighton/HB 2168 by Bell (Railroad Determination Before Surveys) – prohibits a high-speed rail entity from entering private property to conduct a survey unless the Texas Department of Transportation (TxDOT) first determines that the surveying entity is, in fact, a railroad.

• Property Restoration. The Campground Rule. SB 978 by Schwertner/HB 2104 Bell (Property Restoration Bond) – requires a private high-speed rail entity to file a bond with the Texas Department of Transportation (TxDOT) sufficient to restore property used for the rail service to the property’s original conditions if the service ceases operation.

• Repurchase. SB 979 by Schwertner/HB 2179 by Cook (Right of Repurchase for Non-HSR Use) – prohibits an entity that operates or plans to operate a high-speed rail from using property acquired for purposes other than high-speed rail. If the high-speed rail authority doesn’t use the property for that specific purpose, the original landowner must be given opportunity to repurchase the land.

• No state right of way purchasing. SB 980 by Schwertner/HB 2167 by Schubert (Put Texas First) – prohibits any state money from being used for any purpose related to a privately owned high-speed rail, unless the state acquires and maintains a lien in order to secure the repayment of state funds. Requires that the state’s lien be superior to all other liens, effectively making Texas a priority creditor.

​

• Public Use. SB 982 by Perry/HB 2173 by Ashby (High-Speed Rail Feasibility Study) – upon request of a legislator, the Texas Department of Transportation (TxDOT) must generate a feasibility study of a proposed high-speed rail project. The study must indicate whether the project is for a public use, whether it will be financially viable, and what impact of the project will have on local communities.

Press Release | Lawmakers Take Action to Derail Bullet Train between Dallas and Houston

Houston Chronicle | Texas lawmakers move to stymie high-speed rail project
 

KHOU | Texas lawmakers lobby to derail proposed high-speed train

Oklahoma’s House Bill 2194 ups the ante on attorney fees and just compensation. The facts:

• HB 2194 allows for an award of attorney fees if the jury award is higher than than the special commissioners.
  • Yes, you read that right, any amount higher than the special commissioners and attorney fees and costs are retreivable by the property owner.
• HB 2194 also requires actual sales prices & actual awards to be used in just compensation calculation. 

SB 742 by Kolhorst.  Relating to requirements for a bona fide offer for the acquisition of property by an entity with eminent domain authority.

• Requires easements to include more details on right of way, usage, size scope
• Allows for damages related to the easement
• Establishes 5 covenants:
  • securing the property owner’s land (locking gates etc)
  • maintaining the right of way
  • repair and restore land to the original condition or better than original condition
  • the owner shall be indemnified and be held harmless
  • the condemnor must maintain liability insurance

SB 741 by Kolkhorst. Relating to compensation to a property owner for property acquired by an entity with eminent domain authority.

• Adds royalties and profit sharing to what maybe considered compensation to a property owner
• Allows negotiations concerning compensation to be admitted into evidence during eminent domain proceedings.

SB 740 Relating to the acquisition of property by an entity with eminent domain authority.

• Requires disclosure of new appraisals within 10 days or 3 days before a special commissioners hearing
• Allows a property owner to be awarded attorney fees if the amount awarded is 20% higher than the final offer
• Defines a list of new requirements for the bona fide good faith offer such as:
  • easement details
  • right to damages from construction
• Requiring that a condeming entity pay an award before an appeal can be filed by eithe rpaying the property owner, posting a bond, or depositing an amount with the court

The City: Chicago

The proposed revisions to home sharing ordinances will:

• Require homeowners to retain the names of guests but only require disclosure with a warrant or subpoena
• 4% surcharge on each rental
  • Revenue estimated is $2 million/year
  • revenue will be earmarked for homeless
• Allows areas of the city that are zoned as single-family homes the ability to pass petitions to restrict the home rentals

Chicago Tribune | Mayor Emanuel wants changes to home-sharing rules

3 Reasons why Texans for Property Rights support Senator Kolkhorst’s eminent domain bills:

• Expand upon progress made in landmark 2011 eminent domain legislation
• Senator Kokhorst worked with the group and says the bills “…give[s] all landowners the new tools and safeguards they need to protect their land from eminent domain abuse”
• The Cattle Raisers say “Property owners continue to be at a huge disadvantage when navigating the condemnation process and these proposed reforms are a great step toward preserving our heritage of land ownership in Texas”

What does the Property Rights Group say the bill package does?

• Provides “for the reimbursement of landowner expenses if they are sued by a condemnor and are ultimately awarded significantly more than the final offer.”
• “Spell out the use and restriction details required within a condemnor’s “bona fide offer” to ensure the entity will properly use and maintain the property.”

Texas property rights advocates applaud eminent domain legislation | SB 740, 741 and 742 to help landowners

How long does a person have to wait to purchase property taken by eminent domain in Georgia? The proeprty  must have been put to public use for 20 years

What repurchase proposal is being considered? Immediate purchase of property tken by eminent domain for blight

What group will be most impacted by this change? minority communities

What alternative city action could mitigate this state law change?  Stronger locla code enforcement

FOX 28 | Eminent domain amendment proposal to tackle abandoned Savannah properties

Should a County take land belonging to a former Y? 69% NO. 31% YES

Where: Maine

WABI TV | Do you think Penobscot County should use Eminent Domain to take possession of the former Bangor Y?

The Company: Texas Central Rail

The lawsuits: 12+ lawsuits concerning eminent domain, and specifically pre-condemnation access to the privately held land

The strategic advantage of withdrawing the laawsuits: amicable negotiations

The trend being emulated: Private companies promoting negotiations without eminent domain

Dallas Morning News | Bullet Train Developer Drops Lawsuits against Landowners (References the Schwertner bills, SB 626-629)

Construction Dive | TX bullet train developer drops lawsuits against landowners along proposed route

KBTX | High speed rail developer drops lawsuits against landowners

Ft. Worth Star Telegram | High-speed rail developer drops lawsuits against landowners

Making the film festival circuit this spring- the Suzette Kelo story starring Oscar nominee Catherine Keener.

The all American elements of the plot:

• Lady owns a little pink house
• Big Pharma wants to expand
• Eminent Domain is used to take the pink house
• Lady fights her way to the Supreme Court & loses but changes eminent domain laws throughout the country.

A film about outsiders fighting the system… Raging against the machine.

Hollywood Reporter | ‘Little Pink House’: Film Review | Santa Barbara 2017

A Wharton School of Business, President Trump’s Alma Matter, features an interview with Wharton’s Kevin Wherbach offering these tips and examples to foster nascent industry:

• Look to the FCC and its treatment of Skype. Skype didn’t fit neatly in industry categoried and regulations. FCC VOIP regulations were written such that the door was left open and Skype flourished by working with regulators.
• Don’t rush to impose traditional rules on ride share companies like Uber.
• Anti-trust case against Microsoft allowed other tech companies to innovate
• Data sharing can give regulators more information to achieve their goals and provide more industry friendly regulations
• Consider self-regulation with accountability standards built in

Knowledge@Wharton | How to Regulate Innovation — Without Killing It

The group: 80 Feet is Enough

The group’s message:  No Eminent Domain for Private Gain for Oil Pipelines (picture at link)

How are they getting the word out? Billboards

WSAU | “80 Feet Is Enough!” Reveals Billboard

WXPR | Group Wants To Stop Enbridge Emiment Domain Efforts

SB 629

• The author list: Schwertner | Buckingham | Burton | Campbell | Creighton | Hall | Hinojosa | Hughes | Rodríguez | Seliger | Perry
• What it does: Eliminates the addition of interest when agricultural land is converted to a non-agricultural purpose
• What’s the hook? Landowners should be able to choose without penalty (interest) how to use their land

SB 627

• The author list: Schwertner | Birdwell | Burton | Creighton | Hall | Huffines | Kolkhorst | Nichols | Seliger | Zaffirini
• What it does: Sets up rules for precondemnation access such as:
  • An owner can refuse entry
  • A condeming entity has to pay for damanges done during precondemnation access and inspection
  • If a condemning entity uses a permission form, the form has to meet 4 standards
• What’s the hook?  Currently pre-condemantion access has very few rules

Legal experts at Stanford say which easement would offer property owners protections from fracking:a conservation easement which they’ve named a mineral estate conservation easement (MECE) 

What’s not needed for a conservation easement: government regulation

The property value impact of a MECE: the property value is diminished but offset by a tax write-off

Are MECEs permitted in Texas? Yes

Standford News | New analysis suggests ways for landowners to limit fracking and mineral extraction without regulations

Indiana joins the list of states where private property activists say  that railroad eminent domain statutes haven’t been updated since the 19th Century.

K99.3 | Pressel-Sponsored Eminent Domain Bill Passes House

SB 626

• The author list: Schwertner | Birdwell | Burton | Creighton | Hall | Huffines | Huffman | Kolkhorst | Nichols | Seliger | Zaffirini
• What it does: Requires a separate offer for any property “not reasonably necessary to complete the public use” 
• What’s the hook? The land in this additional offer wouldn’t otherwise trigger eminent domain 

North Carolina Legislature is considering HB 10 which would extend the authority of eminent domain by allowing it to connect customers. The bill’s language:

“Connection of Customers. – For the public use, private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this section shall possess the power of eminent domain and may acquire by purchase, gift, or condemnation any property for the connection of any customer or customers.”

At the same time HB 10 would limit eminent domain, and the connection of consumers, by requiring a public use for eminent domain.

North Carolina HB 10 (2017)

Carolina Journal | Eminent domain amendment back in play

A bill to allow for private sale of electricity in Nebraska also includes a laundry list of eminent domain prohibitions for all electric generators and distributors.

Nebraksa’s LB 660 would prohibit eminent domain for:

• generation
•  transmission
• distribution

If that isn’t enough, a stand alone bill calling for no eminent domain for the electric industry also exists in LB 547

Omaha World Herald | Nebraska lawmakers introduce bills that would end public power companies’ monopoly, use of eminent domain

Nebraska LB 660 & Nebraska LB 547

Columbus Telegram | Proposed bills challenge public power

HB 1050 by Valoree Swanson would:

• “protect the financial sustainability of property owners”
• “will repeal property taxes”
• 5 years & 2 legislative sessions would be the window to replace the property tax

Rep. Valoree Swanson | Representative Swanson Files HB 1050: The Texas Property Freedom

The president of the Texas and Southwestern Cattle Raisers Association says the following is necessary to level the playing field for eminent domain:

• There will be a decrease in eminent domain litigation
• A better initial offer makes it less likely that eminent domain will result in a lawsuit
• private property rights are of paramount importance
• property owners are at  “a huge disadvantage” in eminent domain actions
• To get a better initial offer, they suport adding more “details up-front for the property owner about how their land will be used and maintained through the life of the easement.”

Texas and Southwestern Cattle Raisers Association | TSCRA Cattlemen’s Column: Leveling the eminent domain playing field

Farmers in Australia are experiemnting with a new version of Airbnb for rural landowners– farm sharing.

The business entity: Youcamp

The sharing economy: Rural land owners offering temporary camping

How is camp-sharing being regulated? By local governmental councils. There are no statewide public camping regulations as of yet.

ABC Rural | Landholders open up farms to sharing economy as campers look for new experiences

The location: Prince George’s County, MD

The HOA requirement: identical $500 monogrammed mailboxes in a community of $1 million homes

The court found: the mailbox rule was a no-no and a slipper slope (against property rights)

The legal fees home owners to win: $33,000 and 7 years

Are mailbox mandates the new political signs, flag poles et.al?

Washington Post | In a community of million-dollar homes, a fight over a $500 mailbox ends in court

The State: Michigan

The asset forfeiture bond requirement that Michigan repealed: A bond of 10% of the value, up to $5000, was required to appeal an asset forfeiture

Michigan’s HB 4629

Goals of asset forfeiture transparency laws:

• lay out how forfeiture is being used
• hold law enforcement accountable

Institute for Justice criteria for reviewing asset forfeiture transparency laws:

• Tracking Seized Property
• Accounting for Forfeiture Fund Spending
• Aggregate Forfeiture Reports
• Accessibility of Forfeiture Records
• Penalties for Failure to File a Report
• Financial Audits of Forfeiture Accounts

Institute of Justice | State and Federal Governments Must Improve Forfeiture Transparency

The state: Indiana

The new eminent domain threshold proposed for railroads: Require railroads in Indiana to meet the same public use standard of local governmental entities as opposed to public use being met because land is condemned by a railroad.

Indiana House Bill 1260 (2017)

Nothwest Indiana | Lawmakers eye higher standards for railroad use of eminent domain

The State: Kansas

The tax deal between Kansas and AirBnB: Airbnb will automatically collect & remit the same state & local taxes as a hotel/motel

Will fees to property owners increase? No.

How many statewide deals has Airbnb entered into? 15

• Alabama
• Arizona
• Connecticut
• Florida
•  Illinois
• Kansas
• Louisiana
• North Carolina
•  Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• Utah
• Vermont
• Washington

Airbnb agreements with large cities:

• San Francisco
• Portland, Ore
•  Philadelphia
• Phoenix
• San Diego
• San Jose, Calif.
• Washington, D.C.

Governing | Airbnb’s Tax Deal With Kansas May Be Model for Midwest

In December, informed:intel subscribers will recall a Texas Conservative Coalition report supporting existing eminent domain statutes & high speed rail from Houston to Dallas. 

The New Year brings, new conservative voices making 3 arguments against the report via Texas Tribune :

• They should have been told. They’re members of your group. You hid this. 
• The use of eminent domain by a private business (a haute conservative mantra)
• Your document is unsigned and yet you imply that your document stands for the coalition. Rescind it. Now. 

The ISD: Dallas ISD

The eminent domain threat:  In Novmeber 8 businesses received letters from DISD chief operations officer with the subject line: eminent domain. The letter explained that the district is in the early stages of building a new school and may acquire their properties.

The apology: A trustee and the DISD COO both apologized to the businesses and local community in person at a public forum. 

Dallas Morning News | Dallas ISD backs away from possible school site, apologizing to business owners for threat of eminent domain

• Is the amount of evidence required to be a common carrier reduced by this ruling?
• Is the test set up by this ruling apply to more than just CO2 pipelines?
  • The test: a reasonable probability must exist that the pipeline will at some point after construction serve the public by transporting gas for one or more customers who will either retain ownership of their gas or sell it to parties other than the carrier

Texas Agriculture Law Blog | Texas A&M Agrilife | Texas Supreme Court Issues Ruling in Denbury Green

 HB 528  & HJR 40  by Schofield swing the pendulum for repurchasing unused, condemned property by the original property owner. 

SB 243  by  Burton Sets up a veto for eminent domain authority by requiring that a majority of the county commissioners must support the use of eminent domain. 

SB 379  by Perry
 As loyal informedintel subscribers know, the Comptroller maintains a data base of what entities have eminent domain authority. There are 1000s of them. They should all report to the Comptroller. Perry reworks the penalties for not reporting, saying the fine can be up to $1000, not a flat $1000.

Is checking the box enough for the courts to say yes, pipeline, you have eminent domain? NO.

What do pipelines have to show in court? That there is a public use by meeting this standard:

• “reasonable probability” that the pipeline would be used to transport gas
• for “one or more customers who will either retain ownership of their gas or sell it to parties other than the carrier.”

Did Denbury meet the new standard? Yes, by showing its existing contract with another entity to transport CO2

What do private property rights groups say is still missing? Some meat to “public use”

Dallas Morning News | Latest ruling on eminent domain eases fears of Texas pipeline builders

The municipal managment district: Montrose Municipal Management District

The amount of assessments that triggered a property owner suit? $6.6 Million in assessments

What have the courts said? The Montrose MMD assessments were unlawful

What did the Court say the MMD did wrong? State law requires commercial property owners to sign off on the MMD and assessments. The list of signatures by the Montrose MMD included residential property owners who are not assessed by the Montrose MMD

Houston Chronicle | Montrose Management District faces new lawsuit