Land Use & Property Rights

The new regulatory framework for deer breeders includes:

• Newly created Interim Breeder Rules
• Clarifies that Chronic Wasting Disease (CWD) management zones function “on their own terms”
• Moving deer requires a designation for a facility as Movement Qualified (MQ)
• Only vets can collect samples for ante-mortem testing
• Provides for ante-mortem testing of all deer, eliminating the 16 month residency rule
• Provides for year-round submission of ante-mortem test results
• Post mortem testing samples can be obtained by a vet, a TAHC-certified CWD sample collector, or someone approved by the TPWD
• Establishes a 3:1 ratio for ante-mortem test results that may be substituted for post-mortem test results
• Creates 3 levels of breeder facilities TC 1 (lowest risk), TC 2, and TC3 (highest risk)

Texas Parks and Wildlife Department Chapter 65 Proposed Rules Effective August 15, 2016

Let’s look at how NBC News portrayed the local fracking ban in Denton:

Words used to describe those opposed to fracking: 

• NBC’s words: 
  • not a lot of experience
  • committed
  • driven
  • “inspiring victory for grassroots organizing and local democracy”
• The supporters description of the opposition:
  • “were in Vladimir Putin’s pocket and were trying to protect Russia’s share of the global natural gas market”
  • People in Denton ” lacked the sophistication to address technical matters like fracking”

Words used to describe those supporting fracking:

• NBC’s words:
  • “the views of ordinary people don’t count for much”
  • ruthless conservative power grab
  • “runs roughshod over the authority of local governments to determine the direction of their own communities”
• The fracking opponents description of the supporters:
  • . “I was worried about fracking to start with. But now I’m worried about democracy.”

The trigger that started the opposition to fracking: Drilling wells in “quick succession across the street from a playground, a hospital, and a row of homes”

NBC News | What Happened in Denton. The War on Local Democracy

What’s happening with short term rental regulation in California? The Legislature is pursuing statewide regulation

What do home sharing comapnies like Home Away and AirBnB support? A tax collection bill, SB 1102

Why do cities and labor groups oppose in SB 1102? It shields the names and addresses of their hosts

The Recorder | Five Bills to Watch in the California Legislature

The Court: New Jersey Supreme Court

The eminent domain: Taking a personal residence by the  Casino Reinvestment Development Authority

The Court Ruling: There is no public use, and no legislative authorization, because the special district didn’t have a clear plan

Washington Post | Court strikes down taking that is “a manifest abuse of the eminent domain power”

Hyperloop travel time from Austin to San Antonio: 15 minutes

Hyperloop financing structure: Private

Hyperloop use of eminent domain: No eminent domain will be used.

Texas Monthly | Will Texas Soon Be Home To The Fastest Train In The World?

Previously on InformedIntel, 14 July 2016:

Texas Transportation Project Saying No to Eminent Domain. Yes to Profit Sharing with Landowners.

The start up:    Transonic Transportation LLC

The rail project:   A hyperloop connecting Austin & San Antonio

The use of royalties instead of eminent domain: Instead of acquiring land, the model involves giving dividends and profit sharing to landowners

The pro-private proeprty rights angle: Since hyperloop track would be build on pylons, there is no barrier to access to land, unlike when tracks are laid on the ground.

San Antonio Business Journal | Exclusive: Making way for bullet trains, SA startup’s strategy to use royalties not eminent domain

Which city sought to aquire by eminent domain a water utility? Missoula, Montana

Who does the city allege acted in bad faith? The Carlyle Group

Where did the Courts fall on eminent domain? Montana Courts sided with Missoula to allow eminent domain against the water utility

What bad faith actions does the city allege against the Water Utility & its holding company?

• fraud
• negligent misrepresentation
• deceit
• breach of fiduciary duty
• deceptive and unfair acts and practices
• civil conspiracy
•  bad faith
• breach of contract
• actual fraud and malice

The Missoulian | City will pursue ‘bad faith’ claim against The Carlyle Group

Why is Airbnb is suing the CIty of Anaheim? A local ordinance makes Airbnb liable for short term rental proeprty owners who violate city ordinances.

What violations of local laws are we talking about? the ordinance requires Airbnb to remove unlicensed listings within 10 days of $500 for the first offense, $1,000 for the second offense and $2,000 for a third or subsequent offense.

Is this local law trending? yes, Airbnb also sued San Francisco for fines the city is imposing on the hosting site for property owners that are not licensed

Los Angeles Times | Airbnb sues Anaheim over law that makes the rental site liable for hosts who violate city law

The key issue: Business owners, who do not own the business’s property, may be forced into move 

The eminent domain issue: Texas does not recognize a comepnsable value for a tenant business

Do other states compensate a tenant? Yes, look at California

The property in dispute & the project: A new dental school facility at Texas A&M may require that the university acquire the property occuppied by the Elbow Room

Does this sound familiar, a popular establishment near a university facing eminent domain? In 2005 Players, at the University of Texas at Austin, was protected from eminent domain in the Texas Legislature’s ban on eminent domain for economic development.

KFAA | Texas may use eminent domain to elbow out the Elbow Room

CW 33 | Dallas Dive Bar Being Elbowed out by Texas A&M

NBCDFW | A&M College of Dentistry on Eminent Domain Takeover of Deep Ellum Bar

National Geographic’s website has a feature piece entitled, Palmetto Pipeline: An Eminent Problem. Here’s what you need to know:

• Southerners aren’t opposing pipelines for environmental reasons, but for private property reasons.
• What didn’t sit well with landowners is that the pipeline can take an easement via eminent domain, leaving the property owner to pay taxes on land that it can’t use because the pipeline is on it.
• In 2016, government officials denied eminent domain because there was not enough public benefit.
• Much of the land was near the  Savannah River, and may property owners are set on keeping the integrity of the waterway.

National Geographic | Palmetto Pipeline: An Eminent Problem

The State: California

The win: Landowners who sought compensation for extensive geological and environmental testing that included:

• multiple days of precondemantion access to land
• over a two-year period
• with the removal of soil borings to 150 and 300 feet

The public works project: A water tunnel under the Bay Delta as part of a new water delivery system

Matteoni, O’Laughlin & Hechtman | California Supreme Court Issues Major Ruling Regarding Landowner Compensation For Those Affected By Governor’s Proposed Water Plan To Tunnel Under Bay Delta

Which governmental entity vetoed an eminent domain project? Outagamie County Executive 

What governmental purpose was the project fulfilling? A new Sheriff’s department facility

What was the reason for the veto? It came to light a private company would operate the facility and create 100 jobs

WeareGreenBay.com | Outagamie County Executive to veto eminent domain plan

Which governmental entities are involved in this eminent domain case? York City Redevelopment Authority

What was the final offer price for the property? $65,000

What was the jury award?  $1.25 Million

How long did it take for the jury to award 19 times the offer? 30 minutes

Fox Rothschild LLP | David Snyder Wins $1.25 Million Verdict in Eminent Domain Suit Against York City RDA

• Economic principles do not apply to eminent domain because there is no willing buyer and no willing seller involved in eminent domain
• Behavorial economics loss aversion shows that people would pay less for other people’s property than they would accept as a purchase price for their property

Bangor Daily News | Eminent Domain, Just Compensation, and a Raw Deal for Homeowners

Which eminent domain case is resulting in landowners attorneys fees being paid by the condemning entity? TransCanada Pipeline vs. Nebraska land owners

York News Times | Nebraska Judge Orders TransCanada to Pay Legal Costs of Keystone XL Landowners

Why are normal eminent domain laws being bypassed? Because eminent domain will be too costly and will take too long

What is the eminent domain project? A dam

Which legislature created this eminent domain loophole? North Carolina

What 5 things do we need to know about this work around to normal North Carolina eminent domain laws?

• Quick take eminent domain was passed for this project
• Quick take eminent domain allows the dam builder to take possesion of the land immediately
• Quick take eminent domain allows the price of the land to be degermined later, after the project has started
• The quick take eminent domain is limited to this damn project
• The quick take eminent domain law is limited to 3 years in total

Fayetteville, NC Observer | NC House OK’s bill to help Hope Mills get land for lake; landowner feels wronged

The Federal Avaiation Administration finalized the first round of drone rules. 

6 Key Points:

• Drones must maintain a maximum flight speed of 100 miles per hour and a maximum height/elevation of 400 feet.

• The drone must remain in the operator’s visual line of sight (using a drone’s camera does not satisfy this requirement).

• While flight is limited to daytime use, operators will be allowed to fly their drones 30 minutes before official sunrise to 30 minutes after official sunset, provided they have appropriate anti-collision lighting.

• Flights over people are still not allowed unless the people are directly participating in the drone’s operation.

• Flights in covered structures or covered stationary vehicles are not allowed.

• While an FAA airworthiness certification is not required, the drone operator must conduct a preflight visual and operational check to ensure the drone’s safe operation.

National Law Review | New Drone Operational Rules Finalized by the FAA

The start up:    Transonic Transportation LLC

The rail project:   A hyperloop connecting Austin & San Antonio

The use of royalties instead of eminent domain: Instead of acquiring land, the model involves giving dividends and profit sharing to landowners

The pro-private proeprty rights angle: Since hyperloop track would be build on pylons, there is no barrier to access to land, unlike when tracks are laid on the ground.

San Antonio Business Journal | Exclusive: Making way for bullet trains, SA startup’s strategy to use royalties not eminent domain

What trade partcices allegations are being made against short term rentals?

• discrimination
• inconsistent tax collections
• violations of local health and safety regulations

What’s the solution proposed to curb this? Increased data collection of short term rentals with FTC monitoring

What would this look like as city ordinances or state laws? 

• Data collection requirement by the oversight agency to record ethnicity of renter,
• Tax collection data linked to the short term rental property
• Tracking of health and safety code violations.

The Recorder | Three U.S. Senators Urge FTC Investigation of Airbnb

What local government fines are home share platforms facing?

• In San Francisco, AirBnB and other home sharing services face $1000 per day fine for every unregisered host
• In New York, fine anyone who rents a whole apartment for fewer than 30 days, which has been illegal in New York since 2010

What’s the basis for the San Francisco lawsuit? 

• Feeral law prohibits holding websites legally accountable for the acts of their users

New York Times | Airbnb in Disputes With New York and San Francisco

Which eminent domain legal fight turned constitutional? The Trans Pecos Pipeline

Why do landowners believe Texas eminent domain laws are unconstitutional under the federal constitution? Because property is deprived before due process in that land is taken before the legal issues are resolved

The potential impact of this litigation? A ruling for the landowner impacts all eminent domain processes in Texas. Potentially stopping the ability for comdemning entities to build while litigation unfolds.

KWES News West 9 | Landowner suing Trans-Pecos Pipeline, challenging constitutionality of state law

Pending Litigation. 

See RQ-0113-KP submitted b Byron Cook & Closed Annotation in AG Opinion Request index

New York is imposing a $500 fine per day for banks that do not maintain homes that are foreclosed.

Time Warner Cable News | Gov. Cuomo Signs New Law Tackling Zombie Property Blight in NY

The Expert: Stanford University economics professor Alain Enthoven

The Subsidy angle: Eminent Domain is a subsidy.

A conservative writer points to Enthoven and 2 other “experts” to support the argument that subsidies will be involved in Texas High Speed Rail.

Ft Worth Star Telegram | Crystal Wright | Is rail company lying about building Texas bullet train without subsidies?

Where: North Carolina

The constitutional changes for Eminent Domain in North Carolina:

• Strike public benefit. Limit eminent domain only for direct public use
• Requires Compensation to be required by a jury, if the land woner so chooses

WRAL | Senate proposes three constitutional amendments

Where:  Denver

The home share ordinances in Denver:

• Only primary residences can qualify
• Only for less than 30 days
• Licensing required
• Property Owner collects the lodging tax

Denver Post | Denver nears finish line for rules on short-term rentals, but proposal faces grumbles

Are zoning laws usually the enemy of tiny houses? Yes. Zoning laws often prevent tiny houses.

• tiny houses can violate zoning by location
• tiny houses can be too small to comply with single family residence codes
• tiny houses can violate codes that require residences be connected to local utilities

What is the argument against allowing tiny houses in zoning ordinances? That property values will diminish by permiting tiny houses

Are tiny houses running amock with building codes? Somestimes yes, Some builders follow building codes, other times any staircase in a tiny house can violate uniform building codes or lofts are not tall enough.

Governing | Tiny Houses: Affordable, Energy-Efficient and Often Illegal

Which city passed new short term rental rules? Chicago

What was said the councilmembers? 

• This is about a new economy.
• Chicago is racing to keep up with new economic drivers.
• “This is the ‘Jetsons.’ We’re not going back to the ‘Flintstones,'”- Alderman Moreno

How are the new regulations described? “Dizzyingly complex”

What are 5 regulatory highlights?

• Different types of residences are regulated differently
  • a building with 5 residences, only 1 can be used for short term rental at a time
  • larger buildings are capped at 6 or 25% of the units, whichever is smaller
• Precinct by precinct initiative and referendum permited to allow an alderman to amend the local code for the precinct
  • local areas can choose to either:
    • outlaw new listings
    • allow new listings only in the “primary residences” 
• 4% tax to fund homeless services
• $60 ad fee for each online posting of a short term rental
• $10,000 local license for the short term rental hosting service

Chicago Tribune | Airbnb rules easily pass Chicago City Council despite vocal opposition

Joining other courts, which appelate court denied immediate eminent domain authority for a pipeline? A Pennsylvania appeals court

What argument is made to deny eminent domain authority to the pipeline? 

• The pipeline has not obtained approval from the state agency that must approve a certificate of convenience and necessity to trigger eminent domain authority
• Plus, the pipeline is interstate
  • so it can’t be regulated by the state
  • and, there is no interstate eminent domain authority
• There is no public benefit to Pensylvania because the goods carried on the pipeline will be used for export

State Impact Pennsylvania | Appeals court clears way for eminent domain suit against Sunoco Logistics

• The land taken for the infamous Kelo case, remains largely undeveloped and thus not an increased tax revenue source
• The job creator, Pfizer, left before its property tax exemption expired, and would have increased its taxes by 400%
• New London lost 1,500 jobs when Pfizer left

Legal Solutions via Reuters | TODAY IN 2005: SCOTUS DECIDES KELO V. CITY OF NEW LONDON

Which large western state utilizes redevelopment agencies that have eminent domain authority? California 

When did redevelopment use of eminent domain slow? During the financial downturn

Which use of emient doamin garnered the ire of property rights advocates in California?

• The use of eminent domain 
• To transfer private property to another private party
• The transfer, used by school districts & local governments, was to increase jobs or increase tax revenues

What’s the California Legislature doing now to eminent domain for redevelopment?

• Increase funding for redevelopment efforts
• Redefine blight to allow for property where the median income is below the state average

What has the California Legisaltive Analysts Office said about eminent domain for redevelopment? 

• ““The state’s costs associated with redevelopment have grown markedly over the last couple decades, yet we find no reliable evidence that this program improves overall economic development”
• Any increase in jobs would have resulted without the redevelopment agency use of, or threat of,  eminent domain 

California’s AB 2492 (2016)

San Diego Union Tribune | Op-Ed Pacific Legal FOundation | Lawmakers move to revive abusive eminent domain

Which state has a constitutional right to farm on its November 2016 ballot? Oklahoma

What eminent domain protections does it include?

“The Legislature shall pass no law which abridges the right of citizens and lawful residents of Oklahoma to employ agricultural technology and livestock production and ranching practices without a compelling state interest. Nothing in this section shall be construed to modify any provision of common law or statutes relating to trespass, eminent domain, dominance of mineral interests, easements.”

What do opponent claim is the intent of the constitutional amendment? To allow a water rich protion of the state to sell water to water poor areas of the state and to neighboring state, Texas.

The ADA News | Right to water? Right to Farm opponent expresses concerns about possible water grab from eastern Oklahoma if constitutional amendment is passed by voters

Who filed suit against the City of Austin short term rental ordinance? Texas Public Policy Foundation

What’s the goal of TPPF?  No licenses for property owners who lease out property for less than 30 days

What 2 constitutional rights are alleged in the lawsuit? The Right to Assemble. The Right to Privacy. 

How does TPPF address the argument that short term rentals are nuisances? That the city data does not support the city’s claim that the nuisances warrant special regulation

How many times does TPPF say property owners were prosecuted concerning short term rentals? 5 times. All 5 were for operating without a license.

Dallas Morning News | Ordinance targeting renters stirs up sharing economy fight over Airbnb in Austin

TPPF | TPPF Files Lawsuit to Halt City of Austin Short-Term Rental Ordinance

Let us count the ways that eminent domain is destroying land, irreplaceable landscapes and precious natural resources in Texas:

• Private companies using land for profit
• utilities and infrastructure running rampant
• The proliferation of MUDs
• MUDs serve private developers 

Wimberley Valley Watershed | How Eminent Domain Abuse is Destroying Texas’ Most Valuable Landscapes

The Requestor: Chairman Byron Cook initiated RQ- 0113-KP about Texas Central Rail

The Questions asked of the Attorney General:Do the parties have eminent domain authority to condemn property for Texas High Speed Rail?

The Facts and Statutes key to whether Texas Central Rail has eminent domain power:

• surveyors have been requesting pre-condemnation access to land to survey for the purpose ofplanning, building, maintaining and operating an electric rail road.
• pre-condemnation access can only exist because the entity has the power of eminent domain
• High Speed Rail has gone so far as taken landwoners to court for not allowing pre-condemantion access
• High Speed Rail claims Sections 81.002, 112,051, 112.053, 131.011 and 131.012 of the Transportation Code support that it is a railroad that has eminent domain authority under the Transportation Code
• High Speed Rail meets neither the formation date requirement nor the current operation as a railroad requirements of Transportation Code Sections 81.002 
• High Speed Rail fails to meet the definition of interurban electric rail in Section 113.011 and 113.012 because Texas old civil statutes define interurban electric rail and it is not high speed rail for these reasons:
  • High Speed Rail is not a Section 81.002 railroad
  • Civil Statutes show interurban electric rail was to connect suburbs with their cities
  • Interurban rail has to be completed within 1 year of condemnation
  • They sell energy to the public
  • Require municipal approval for tracks that traverse a city

KOXE | Lawmaker Revives Eminent Domain Question for Dallas-Houston High Speed Rail Project

Gilmer Mirror | Lawmaker Revives Eminent Domain Question for Bullet Train

Which state legislature has formed a Pipeline study group to recommend eminent domain reform? Georgia in coordination with its year long prohibition on eminent domain by pipelines

What is required of the 13 members of the Pipeline Study Group?

• Between June- December hold up to 5 hearings
• Issue a report by December 31, 2016
• Examine whether petro-pipelines eminent domain powers are:
  • prudently exercised
  • responsibly conducted
  • consistent with the state’s essential public interest

Who sits on the pipeline study commission?

• 3 Senators
• 3 State Representatives
• The director of the Environmental Protection Division of the Department of Natural Resources or his or her designee
• The commissioner of community affairs or his or her designee;
• 5 Governor appointees, including:
  • 1 member representing the petroleum industry
  • 4 members representing a cross-section of the interests of local government, business, agriculture, and conservation.

Savannah Now | Pipeline study group forming in Georgia to look at eminent domain

Private property rights protestors are protesting a Trump campign fundraiser in Atlanta.

Call it bad timing: The Trump fundraiser is occuring when a national convention of private proeprty rights advocates are gathered in Atlanta for the “Pipelines and Eminent Domain Strategy Session.”

Bold Nebraska | Eminent Domain Advocates to Protest at Trump Rally in Atlanta

Which city in the Northwest is proposing new short term rental ordinances? Seattle

The intel you need to know:

What opponents to Seattle’s regulations say:

• Seattle’s regulations “deprive [Seattle property owners] of our ability to keep ourselves afloat” during hard times
• Harming people who provide inexpensive accommodations to visitors to Seattle, who then spend money in Seattle
• Disrupting Seattle’s social fabric by allowing short term rentals that bring people into neighborhoods who don’t care about the neighborhood

What supporters of Seattle’s regulations say:

• Allows “part-time entrepreneurs to thrive while reining in large-scale, commercial operations”
• Bed and breakfast owners say the regulations level the playing field

What the regulations say:

• Only property owners, who are renting out their homestead, would be able to legally offer short term rentals year round
• Property owners, not renting out their homestead, would be capped at 90 days during 1 year

Seattle Times | Airbnb, other short-term rental hosts speak against proposed Seattle rules

Which state has an ombudsman, or public counsel, for eminent domain? Missouri

What does the Missouri Office of Public Counsel do for Missourians facing eminent domain?

•  providing property owners with guidance on the condemnation process
• documents the use of eminent domain in Missouri and provides the Legislature with an annual report of how Missourians are affected by eminent domain

Which state agency houses the Missouri Office of Public Counsel? Missouri’s Public Utility Commission

The Missouri Times | Meet the Missouri Office of Public Counsel

Wisconsin legislature is pushing forward with a Land Owner Bill of Rights.

Why does the Land of Cheese think Land Owner Bill of Rights is necessary? The need for more information during eminent domain being used by an ” overbearing government”

What 9 elements are in Wisconsin’s Home owner Bill of Rights?

• Controlling Property Taxes
• Broadband Access
• Energy Security and Affordability 
• Eminent Domain Reform
• Regulatory Takings Reform
• Right to Fly the Flag
• Right to Privacy on One’s Property
• Maintaining legal uses for property at time of purchase fee from new laws and regulations
• Smart Growth Reform

WI State Represeentative Tiffany Press Release

What eminent domain issue sparked this activist rebuke? Johnson Ranch MUD approval of eminent domain proceedings against neighboring farm lands

What did the property rights activist say? That the Legislature is ready to remove the power of eminent domain from MUDs.

New Braunfels Herald Zeitung | Activist: MUD should expect eminent domain change

Why did the East Montgomery County Improvement District sue TXDOT? The board thought it was important to show a jury the loss of value in the land:

• lost a great deal of functionality as a large event community center
• Condemned property  included a parking lot that affects functionality
• The State’s proposed remediation parking plan was inadequate to serve the district’s needs or that of the community
• Condemned Property prohibits expansion of the districts education wing

What was the offer by TXDOT? $1.6 million ($2 — $2.50 per square foot)

What was the jury award? $4,032,142 ($7 – $7.50 per square foot)

East Montgomery County The Observer | Montgomery County jury awards EMCID $4 Million in TxDOT Land Condemnation Case

Lots of dollars going into pipeline investment.

• U.S. has the largest netowrk of pipelines.  more than 2.5 million miles of pipes
• High Annual Investment. American petroluem Institute says average annual investment will be above $80 billion until 2020

This issue unites Rs and Ds.  Liberal enviromentalists join with libertarian leaning propety rights advocates

Its made an impact:

• 2 states, SC and GA, have passed prohibitions on pipelines using eminent domains
• Multiple courts have sided with landowners and limiting pipeline takings

No eminent domain for private gain is the new Kelo.

Washington Post | Volokh Conspiracy | The growing battle over the use of eminent domain to take property for pipelines

Which state reformed civil asset forefeoture laws? Ohio

Does the OH legisltion require conviction for forfieture? No, it permits forfeiture if criminal charges can be filed against the person.

Do local governments have access to the proceeds at the time of forfeiture? No, the assets are put in escrow until conviction

Ohio HB 347

Americans for Tax Reform | ATR Congratulates Ohio for Passing Civil Asset Forfeiture Reform

New Sharing Economy Business Trend: Rent a Human to Guide you through the interesting aspects of the area of your short term rental.

The Rent a Human Program Name:  City Hosts. Like a Zombie Hosts on a Human.

the Goal: Like the AirBnB commercials, short term rentals are about the experience

Example Experiences:

• Adventures with a kite surfer in SF
• Vietnamese cooking lessons with a Parisian chef
• Tour London’s Grime music scene with a record scout

Example Regulations: Do Experience Guides need business licences?

Tech Crunch | Airbnb begins testing City Hosts program to give guests guided one-of-a-kind experiences

Which Republican Governor signed a bill prohibiting eminent domain by private, for-profit companies? South Carolina’s Nikki Haley

Is eminent domain preservered for governmental entities? Yes

WRAL | Law on concealed guns among more than 40 signed by Haley
 

Where in Texas is a church facing potential eminent domain situation?  Longview

What is the discrepancy in compensation?

• The city offered offered $1,049.50
• An appraiser has appraised the value of the land to be taken at  $71,209.00

What trends have been happening with eminent domain & churches?

• The City of Houston in 2015 backed away from a plan to include a church in an eminent domain qualifying housing project
• Courts in Kentucky have said that the church’s 1st amendment rights trump a government’s ability to use the 5th amendment to take private property.

KXXV TV 25 | Church owners resist Longview taking by eminent domain

Is eminent domain on the table for the Vista Ridge Pipeline connecting to San Antonio Water System? YES

What does SAWS predict as a reason to say No to a Vista Ridge purchase offer? Rural lands that have been in a family for generations.

What does a landowner in the path of Vista Ridge say is his concern and reason he opposes Vista Ridge? His land’s water well drops. The background:

• This property owner’s water well dropped 17 feet when Blue Water, a member of the Vista Ridge Constorium, began pumping water in the area
• His well water dropped 20 feet in 1989 when Alcoa plant began operation

San Antonio Current | Landowners Who Resist the Vista Ridge Pipeline Could Face Eminent Domain Battle

What state was moving a bill that would require natural gas pipelines to buy any land within 250 feet of a natural gas line? New Hampshire

Would the natural gas comapny be required to by all or part of the land? All of the land as long as part of the land was within 250 feet of a natural gas line?

How far did the bill get? Passed through one legislative chamber, died on the last day of consideration of bills in the second legislative chamber. 

Eagle Tribune | Lawmakers kill new police funding, eminent domain bills

Which city is trading building permits for land? The City of Perris, California

What was the city’s policy? Its called a dedication requirement. Here’s how it works:

• Property owner wants to build on their property.
• Property owner needs permits.
• City takes part of your land when you get your building permit

Why is the City of Perris taking land when permits are issued?

• To suppress the fair market compensation value of land
• Later, the city will take more of the owner’s land via eminent domain
• But, by taking land in exchange for the permit, the city is lowering the value of the land

Is there a pending legal case? Yes

• Land owners had agriculture land that was also zoned for light industrial use
• A Lowes distribution center needed an access road
• because of the dedication requirement, the land needed for the access road is valued as agricultural land, and not its highest and best use of light industrial use

Pacific Legal Foundation | City of Perris v. Stamper update

Who:     People’s Department of Environmental Justice, a group of private property rights protestors in Vermont

What:    Staged a mock eminent domain survey at the private residence of a Vermont Public Service Commissioner

Vermont’s NPR News Source | ‘Mock Eminent Domain Proceeding’ Staged At Public Service Commissioner’s Home

• Curtailing drone use kills innovation
• Existing legal recourse for the privacy violations touted by drone legislation supporters
• Keep off my lawn is not governing when  the future of our delivery infrastructure is at stake

The Wall Street Journal | Should You Be Allowed to Prevent Drones From Flying Over Your Property?

• New IRS regulations
  • will make it harder for special districts to borrow money tax-free
  • IRS says special districts are benefitting by a tax rgulations meant for cities, not for special districts
• Special District Growth
  • 39,000 special districts in the U.S.
  • spending more revenue than all cities in the U.S. combined
• Changing the defintion of local government
  • ​IRS standard is any 1 of these 3 makes an entity a municipality:
    • Does it have the power of taxation?
    • Does it have the power of eminent domain?
    • Does it have police power?

Governing | Redefining ‘Special Districts’ Could Have Big Taxing Consequences

Which Texas Congressman wrote to the Surface Transportation Board about opposing high speed rail in Texas? Congressman Brady

What is Congressman Brady’s opposition to high speed rail in Texas? 

• Congressman Brady opposes accelerated use of eminent domain or construction
• Congressman Brady says the route is wrong
• Congressman Brady opposes financial loans for high speed rail from the federal government

What is Congressman Brady’s opposition to the high speed rail route? 

• The route “splits and really damages our rural communities”
• The route will devalue land 

Is this a consistent position for Congressman Brady? Yes, he opposed a similar project as a state senator

Madsonville Meteor | Brady comes out against rail plan

When will be the next vote by the Texas Parks and Wildlife Department Commissioners on deer disease reforms? 30 day delay from Thursday, May 26, 2016 TPWD decision to delay the vote

What 2 things did the TPWD proposed rules do?

• New testing of deer for disease
• Radio chipping deer

Who supports the TPWD proposed rule? Property rights advocates. Why? The rules could contain the spread of disease from breeders to herds on private land

Who opposes TPWD proposed rules? Deer breeders. Why? Proposed rules are an over-correction

Statesman | Texas Parks and Wildlife commissioners hold off on deer disease vote

What transportation project may impact Apple facilities? Bay Area Rapid Transit (BART) wants to connect San Francisco to San Jose by adding BART down the penninsula.

An Apple facility is part of the plan? Yes, an Apple facility is planend to be used for construction and may be a transit hub.

How is eminent domain playing? Officials are concerned that eminent domain will be expensive as Apple has spent millions on upgrades to the facility

Business Insider | A secret Apple warehouse is on land the government wants for a new Silicon Valley train station

This year Texas law schools began offering classes specifically focused on eminent domain.

UT’s class will  look at the “tension between the public’s need to accommodate growth and private property rights.” u of H will follow this fall with a similar course.

UT’s class is believed to be the only class in the nation focused on private proeprty rights & eminent domain.

Update: High Speed Rail replies to Ennis County:

• Texas Central” does not seek to remove protections afforded to landowners under Texas law”
• Texas Central Surface transportation Request … “does not change or override any state landowner protections.”

Ennis Daily News | HSR rebuffs claims

May 8, 2016, Informed Intel:

The Ellis County Press published an Op-Ed from Texans Against High Speed Rail.

What points does Texans Against High Speed Rail make in its Op-Ed?

• Texas Central Rail doesn’t have its funding in place
• Texas Central Rail has no problems using eminent domain to take land it doesn’t need
• Texas Central Rail is asking the federal government whether it has to comply with Texas eminent domain laws

Ellis County Press | TCR proposes to acquire land it ultimately won’t use to satisfy investors

First came Georgia, then comes South Carolina to ban eminent domain for pipelines.

Independent Mail | Pollution, pipeline bills await South Carolina House votes

South Carolina SB 868

What city is addressing blight by “treating the source?” Memphis

How much blight is in Memphis? 16% of housing stock is vacant

What are the 3 goals of the Memphis Neighborhood Blight Elimination Charter? 

• economic development
• quality of life
• coordination among exisiting local governmental agencies that tackle blight

What entities are involved with the Memphis Nighborhood Blight Elimination Center?

• nine government agencies
• nonprofits
• private businesses

What were tangential legislative changes that dovetail into the Charter?

• Shortening the time that delinquent taxpayers have to redeem their properties — from one year to 30 days 
• Memphis City Council created a land bank that razes, cleans up, and will buy blighted properties

Memphis Neighborhood Blight Eliminiation Charter

Governing | It Takes a Village: The Idea Behind Memphis’ Anti-Blight Strategy

Cities should not block short term rentals because:

• Its an economic boon that levels peak pricing by hotels
• It frees “trapped capital” like the unused spare bedroom
• It is not shown to make housing less affordable

The solution to neighborhood concerns:

• Amend existing noise or traffic ordinances

Trib Talk | Josiah Neeley | R Street Institute | Texas cities shouldn’t block short-term rentals

Which city is moving forward to regulate short term rentals after “animal house” complaints? Chicago

What regulations are being considered?

• Commerical regulation for any property rented out for more than 90 days within 1 year
• 4% surcharge to online rentals with revenue dedicated to homeless services

Chicago may regulate Airbnb home sharing amid ‘Animal House’-style complaints | Chicago Tribune 

A group of physicians writing in the Washington Post argue the federal government should be able to use eminent domain for drug prices. 

The intel:

• The federal government has the power to use patents
• The federal government has used this “eminent domain” power of drugs in 2001
  • It was used as leverage during the 2001 anthrax attacks when the federal government suggested it would import the drugs rather than buy the drugs through Bayer. Bayer lowered its price and reached an argeement with the feds.
• Phamraceutical company compensation could be set adequately to ensure an “adequate return and protect companies’ incentives to invest in innovation”

A simple way for the government to curb inflated drug prices | Washington Post Op-Ed

Little Pink House, a film starring an Oscar nominee, tells the story of Suzette Kelo and her eminent domain fight against the City of New London, CT.

 “This film tells the real-life story of Susette Kelo, a blue-collar woman who dared to stand up against white-collar powerbrokers, and Susette’s inspirational story is conveyed with power and grace by the wonderfully talented Catherine Keener.”

Theatrical release will be late 2016. 

Northernstars | News from Cannes 

Which County Commissioners voted to oppose Texas Central Rail high speed rail plan? Navarro County Commissioners 

The number of counties staking claim to official opposition: 7

The basis for the opposition in Navarro County? Oppose the granting of eminent domain authority to the private high speed rail

County Judge names legislators who support the County Commissioner opposition resulation: Representative Byron Cook and Senator Brian Birdwell

Corsicana Daily Sun | County Commissioners oppose High Speed Rail

What transmission line is this state & federal legislative re-write concerning? The  Plains and Eastern Clean Line high-voltage transmission, a clean energy line traversing Arkansas, Missouri & other central states 

What caused the hoopla? Missouri & Arkansas chimed in when the transmission line sought eminent domain but wasn’t providing power within each state.

What are the arguments bandied about?

• Tangible public use. Congressman Cotton is ok with eminent domain, if the communities impacted benefit from the use
• The Federal Fix. Congress has its hands on the Assuring Property Rights Over Vast Access to Lands Act that will:
  • Give states final approval for eminent domain for transmission lines
• State’s Rights.  
  • The federal government can’t usurp state power on granting eminent domain.
  • The federal government is making a  “blatant government overreach”
    • SOUND FAMILIAR? Sounds like federal granting of eminent domain for railroads

The Courier | Senators file amendment to block Clean Line funding

The Ellis County Press published an Op-Ed from Texans Against High Speed Rail.

What points does Texans Against High Speed Rail make in its Op-Ed?

• Texas Central Rail doesn’t have its funding in place
• Texas Central Rail has no problems using eminent domain to take land it doesn’t need
• Texas Central Rail is asking the federal government whether it has to comply with Texas eminent domain laws

Ellis County Press | TCR proposes to acquire land it ultimately won’t use to satisfy investors

Which state is considering expanding the use of eminent domain? California

Why the push to expand eminetn domain use? To clean up blighted buildings through special districts called Enhanced Infrastructure Financing Districts

What do these Enhanced Infrastructure Financing Districts​ do with eminent domain? Combat urban blight with urban renewal projects

What does California Assembly Bill 2492 do? Expands the number of local governments that can access Enhanced infrastructure Financing Districts

California Assembly Bill 2492

Op-Ed | Orange County Register | A bill Trump the developer would love

Will eminent domain be used by Texas Centeral Rail to build its Dallas-Houston high speed rail?  Only if deals cannot be reached

How did property owners in Waller County react?

• Waller County Judge Trey Duhon: “This is a huge eminent domain issue. Texas is a huge private property right state.” 
• A property owner turned away a precondemnation surveyor on his property & mentions their have target practice on their property
• Reports are that deals will never come.

High Speed Rail is turning into a standoff.

KHOU | Waller County landowners vow to fight high speed rail

• Federal Law Says So. The because I said so reason from the government for siezing drug companies patents is rooted in 28 U.S.C. section 1498. 
• Reasonable Compensation to Pharmaceuticals. Drug companies would get “reasonable and entire compensation”
• The government doesn’t have to get consent. The government can use any patent without consent so long as the compensation is ” “reasonable and entire.”

The question: does the fear of eminent domain to take drug patents bring about negotiations on drug prices?

Politico | Pulse Check Interview with CMS Administrator Andy Slavitt

The Incidental Economist | Eminent domain for drugs
Health Affairs | ‘Government Patent Use’: A Legal Approach To Reducing Drug Spending

Your informed intel:

The Legislature: Hawaii

The Bill passed: Hawaii’s  HB 1850 

The short term rental tax: 

• Who is collecting the tax? The tax broker short term lease facilitator (HomeAway, AirbNb)
• Which taxes are being imposed? general excise tax & transient accommodations tax
• Supported by short ter rental companies? Yes

Concerns:

• Is there enough accountability for the sharing economy companies?
• Sharing economy companies should be held accountable for illegal camping, illegal rentals in homes, or any health or safety standards.
  • The Response: The bill requires that sharing economy companies notify property owners that they must comply with land use laws

Pacific Business News | ​Airbnb tax broker bill passes state Legislature

What new issue did the Navasota County Judge rise about eminent domain and high speed rail? The impact to property values for property adjacent to property that is taken by eminent domain for high speed rail.

Why is concerned about neighboring property? Neighboring property owners do not receive compensation but will be impacted by Texas Central Rail.

Navasota News 1550 | County Judge Fights TCP In Austin Trip

Audrey Redford, a doctoral fellow with the Free Market Institute at Texas Tech University, makes these points about asset forefeiture in Texas:

• Texas is #1 in civil asset forefeiture according to the Institute for Justice
• Average annual total of seized assets:  $41.6 million
• $540.7 million siezed in the last decade
• It will get worse. last week DOJ announced it was resuming its Equitable Sharing Program, a civil asset forefeiture sharing program

How are asset forefeiture proceeds disributed in Texas?

• 70% goes to law enforcement
• Supplements salaries
• Pay for new equipment
• “also used for other important policing business like lavish trips to Hawaii, gambling trips to Vegas, and booze and a margarita machine.”

3 Solutions for Texas:

• Look to Florida. Require police to file criminal charges before seizing property.
• Look to Montana and New Mexico. Require a criminal conviction before assets can be seized.
• Look to New Mexico. “Eliminated the revenue-seeking incentive for law enforcement by requiring that all proceeds go to a general fund instead of directly to law enforcement.”

Dallas Morning News | Audrey Redford: How police can seize your property without a trial

What eminent domain reforms are being touted by a campaign?

• Deny eminent domain to private entities
• Shift Burden of Proof from the land owner to the condeming entity
• New Standard for Public Use:
  • ​a “purpose wholly for public use and necessity”
• Good Faith Negotiations by condeming entities
• Require a condemning entity to evaluate:
  • health and safety impacts of their project
  • weigh impact of alternatives to those requiring condemnation

Concord (NH) Patch | Rubens Proposes Property Rights Protections in Pipeline Proposals

State courts in which state are grappling with eminent domain for a pipeline over landowner objections? Pennsylvania

What 3 considerations did the judge list in approving eminent domain to move forward?

• Declaration of Taking complies with state law
• Pipeline’s condemnation plans are “sufficient to properly identify the disputed acreage”
• Pipeline is financially stable to pay for any potential damages

Daily Item | Judge upholds eminent domain for PPL

How did a tornado recovery lead to eminent domain? To clean up tornado damage, a town undertook widening the main thoroughfare in a low income neighborhood

How was this project funded? Federal Funds

Were the federal government or the local government tasked with implementing the plan to widen the thoroughfare? Local Government

How well was eminent domain received at the city council? According to 1 city council member, “” I have no appetite to vote for eminent domain takings,”

WAMC | Tornado Recovery Project Sparks Eminent Domain Controversy

How would a county in Texas be able to capture license plate information for the purpose of enforcing minimum libaility insurance statutes?

• Pass a Bill
• Give Counties specific authority to use certain equipment
• Give counties specific purpose to use the equipment
• Specify what the enforcement mechanism will be

How did we learn this step by step guide to county license plate reader use?  Because of Attorney General Opinion KP-0076 that answers  whether Bowie County can engage a private company to use a license plate reader data looking for vehicles that don’t have liability insurance?

Did the AG opinion reference a fee splitting arangement? Yes, the vehcile owner will get a letter from the District Attorney office, and fees will be split 50-50 between the County and the company.

Can this fee splitting arrangement with automatic license plate readers work? No, not without legislation.

What is the statutory solution to make automatic license plate readers ok for counties? Counties need specific authority for the “use of automated photographic or similar technology to enforce the state’s vehicle financial responsibility laws. ” That’s the basic bill draft done for you.

What does the Attorney General analysis look like? Its a laundry list of all the uses for photo enforcement in Texas. The highlights:

• statutes  limit what local government it applies to
• statutes limit specifically what can be captured by the photgraphic enforcement
• statutes limit the kind of penalty that is permitted. (i.e. civil or criminal penalties)

A state representative candidate in rural Utah pilloried using eminent domain for hike and bike trails saying:

““If its on a master plan, we’ll do what we have to do … but not just to run a trail that people think would be nice to have.”

Standard Examiner | Utah Republican Convention 2016: 3 northern Utah races contested Saturday

Who is making an argument about private property rights in cable boxes? Grover Norquist 7 Americans for Tax Reform

What sparked the private property rights argument? A rule change by the FCC which Norquist says would allow 3rd party to change and access content on cable boxes

What’s the issue really? Whether programming apps, like netlfix, Hulu, etc…, must be accessible by cable boxes.

What’s the argument by Norquist really? Cable companies have property rights in their cable boxes, let’s let these apps play by the same free market rules that all other television channels played by for decades

Americans for Tax Reform | Grover Norquist Submits Comments to the FCC on the Proposed Set Top Box Mandate

The property right: The Business of Deer Breeding

The lawsuit: Deer breeders sued the Texas Parks & Wildlife Department in Feburary 2015 over the taking of their property 

What was the property taking alleged by the property owners? The culling of the deer population was tantamount to a taking of private property by eminent domain

What happened in the lawsuit? TPWD claimed sovereign Immunity & the state district judge non-suited the case.

San Antonio Express News via the Chronic Wasting Disease Blog | Texas Deer-breeder drops suit against state over Chronic Wasting Disease CWD disease tactics

What case before the U.S. Supreme Court is about regulatory takings? Murr v. Wisconsin, No. 15-214

What happened to the property owner to spark this lawsuit?

• Property owners owned 2 adjacent, but separate, 1 acre lots
• A County Ordinance prohibits the sale or development of adjacent lots, if 1 lot is less than an acre
• The Property Owners said it prevented them from enjoying and using their land, and prohibited the sale of 1 of the acres
• The Court said, we have to consider both lots as 1 piece of property, and sided with the County 

In Amicus briefs to the United States Supreme Court CATO and Owners Counsel of America urge the Court to:

• Set a bright line rule that separate pieces of property shouldbe considered seprarately regardless of common ownership
• Regulatory takings  have an economic impact on the property tantamount to an exercise of the government’s eminent domain power. “In this area of law, the size of the property often dictates the severity of the impact – the smaller the property, the more severe the impact.”

OCA | Cato and OCA File Amici Brief in Regulatory Takings Case Before the U.S. Supreme Court

What state passed new eminent domain restrictions this week? New Hampshire. Freedom loving libertarian types, sound familiar?

What was the primary target of the NH eminent domain reform? gas pipelines, with some legislators laser focused on “outlawing” high pressure gas lines

What specific reforms happened in NH’s HB 1660? 

• eminent domain will now trigger a land use change tax in NH
• for high pressure gas lines, an entire piece of property must be acquired by eminent domain
• requires a public vote by a governmental body on the taking of property by a pipeline

Bedford Patch | Sanborn: NH Needs Stronger Landowner Protections

Who is arguing that Texas drone law is unconstitutional? A former federal judge

Is the Texas drone law being challenged in court as unconstitutional? Yes.

What are the issues taken with the Texas Drone Law?

• Violates Privacy of Texans on the Border by not applying privacy to 25 miles from the border
• Treats Texans on the Border different from other Texans violating Equal Protection
• No legitimate Texas law enforcement purpose for treating the border differently for privacy purposes
• Violates the supremacy clause under the U.S. Constitution

Texas Lawyer | Former District Judge Alleges Texas Drone Law Unconstitutional

Which state legislature  is negotiating a deal on home sharing taxes? California

Which tax options were rejected? a statewide system for collecting tourist taxes

What does SB 1102 require?

• ​Sharing company (AirBnB, HomeAway, et. al) would collect a local hotel tax
• Deals with local governments would not be preempted, allowing for local government opt out
• compliance would occur with the state controller
• retains privacy for property owners, who would not be disclosed to the state

The Recorder | Deal Taking Shape for Home-Sharing Taxes

What good acts did Dallas City Council do on eminent domain?

• After hearing from a constituent that could not afford to relocate based on the city’s offer, the city paused the project to find a better solution.
• City Council members also forced a review of the city’s eminent domain procedures
• City Council returned to a 2 step eminent domain process.
  • Step 1: Try to reach an agreement with the land owner
  • Step 2: When no agreement is reached, City Council must separately approve eminent domain procedures

Dallas Morning News | Editorial: Contrary to national headlines, Dallas council gets property cases right

What law enforcement agency was investigating land deals in North Texas? U.S. Department of Justice

What transportation project is involved? I-35 E expansion in Denton County

What crimes are alleged to be involved in these land deals?  conspiracy to commit mail fraud

What makes people believe real estate development was land speculation?

• accused of deceiving the Texas Department of Transportation by
• buying frontage land low
• asserting that the land was under development
• and selling the frontage land for $13 million to TXDOT

Denton Record | Two indicted in connection to 35E project

Dallas Morning News | Suspicious Dallas-area highway land deals with TxDOT lead to federal indictments

The Memorial City TIRZ, a special district, in located in west Houston, is geerating attention for these structural and operational problems:

• The TIRZ was created in 1999 by Mayor Brown
  • It called for “qualified neighborhood residents” to be the board members
  • Spring Branch West Super Neighborhood says appointees aren’t being vetted through them, and they have no representation on the board
• Flooding sparked a lawsuit against the TIRZ
  • A 2 year flood led the Residents Against Flooding to file suit
  • Real Estate development boom has led to flooding issues

Houston Press | Study: Houston Homes That Never Flooded Before Now Flood in a Two-Year Storm

Which publication took the side of a small business owner in an eminent domain situation in Dallas? Wall Street Journal

What is the Dallas eminent domain issue?  Dallas wants to acquire a local auto repair shop to create a gateway to its arts district

How is Dallas acquiring this property? Some say that Dallas zoning ordinances are being amended to prohibit the operation of the auto body shop. 

What did the editorial say about Dallas’ zoning law changes that caused businesses to close?

• Violatesproperty rights
• retroactivity strips property owners of due process
• forces property owners into forced sale of their property at a lower price

***This past Wednesday, Dallas City Council acted on the taking of the local auto repair business. Empower Texas***

WallStreet Journal | Dallas Property-Rights Abuse

Americans for Tax Reform & the ACLU Support California’s SB 443 that protects against abuses of the asset forfeiture system.

What protection is California adding before property can be taken via civil asset forefeiture?

• Requires a conviction before before local agencies can collect any proceeds from federal equitable sharing funds.
   

Americans for Tax Reform | Americans for Tax Reform Endorses California’s Property Rights Bill
10th Amendment Center | End the Status Quo on Asset Forfeiture

ACLU | On Government Abuse, Democracy, and Poverty… California Has a Long Way to Go

What great economic gains does Texas Central Rail points to with high speed rail? 

• $36 billion economic impact over 25 years
• TCR will pay $2.5 billion in taxes to state, counties and local governments
• The $10 billion project is a job creator, providing 10,000 jobs a year during the four-year construction phase and an additional 1,000 jobs, once the train is in operation.

What does Grimes County Judge say about economic benefits and the impact to eminent domain? Irrelevant. “The power of eminent domain is not granted based on how many jobs or taxes are generated by a company.”- Ben Leman, Grimes County judge and chairman for Texans Against High Speed Rail

The Battalion | Urban, rural parts of Texas draw further apart on high speed rail

What the land owner attorney says about the eminent domain lawsuits for the pipeline to Mexico :  

• No one has ever used eminent domain to build a pipeline that only delivers oil and gas to Mexico.
• The Railroad Commission does no investigation on whether the pipeline is a common carrier.

News West 9 | Pipeline company files eminent domain lawsuits against Big Bend landowners

What public project does Dallas want to build? A draingage tunnel project

How long has the family lived on the land? 60+ years

What does the property owner say? Can she buy another piece of similar property to live? She says, no, she can’t. In her words: ““My house is paid for — been paid for,” said Freddie Baker, 86. “They’ve got to give me enough money to pay for whatever I want, and I’ve got to live better than I’m living. I ain’t giving away nothing.””

Did the property owner impact City Council? Yes. City Council paused the project  and are reviewing how the city utilizes eminent domain.

What was the city’s offer for the land? $22,538

WFAA | After 60 years, South Dallas family faces eminent domain fight

Which State Legislature passed this eminent domain ban through its house? Iowa

What does the eminent domain ban mean for transmission lines? to qualify for eminent domain, a transmission line developer would have to:

• get in place right of way agreements with 75% of land owners
• within 3 years 

Is this happening elsewhere? Yes, loyal subscribers will recall the same issues in Missouri and Arkansas with similar results

Utility Dive | Iowa House passes bill to toughen eminent domain rules for transmission developers

Iowa HF2488

Friday’s Texas Supreme Court orders included accepting Denbury. They’re back like the Terminator and Poltergiest rolled into one.

• Even though the order was granted on April1st, it is not an April Fools joke. 
• In February 2015 the appellate court reversed the trial court that ruled in favor of Denbury pipeline.
• What was the losing argument last year? That Denbury was a common carrier. The court looked at the low number of third parties that had contractual arrangments for the pipeline.

Why does this matter? This case was part of the fire that fanned the flames at the RRC for the common carrier rule changes. Look for legislative fixes that cements a solution.

Texas Rice Land Partners v. Denbury

Texas Supreme Court Orders 4.1.16

Land along the border is largely privately held. To build a wall, private land has to be aquired by the government. Here’s one view:

Land transfered by the King of Spain was aquired to build the current partial border wall? Yes, land that had been held by the same family since the initital land grant from the King of Spain in 1767.

Surely the feds own some of the border lands? Yes, about 33% of the land is either federal or tribal lands

Where is most of the 67% of private land? TEXAS

CATO via Daily Beast | The Great Wall Of Trump Would Be the Ultimate Eminent Domain Horror Show

Washington Post | Donals Trump’s Great Wall of eminent domain 

Which texas companies were certified under the new drone certification system in Texas? HUVRdata (Austin) & Aviation Unmanned (Addison)

What entity does the drone certification? Texas A&M University System via its Corpus Christi campus and its engineering extension service

How is industry using drones?  wind-power, oil and gas and transportation industries to provide aerial inspections and mapping, and for port and border security and coastline monitoring

Houston Chronicle | First two Texas companies credentialed for drone operations

Which pipeline was scrapped citing legislative reasons? The Palmetto Pipeline set to run through South Carolina, Georgia and Florida

What caught the attention of the legislators and regulators? Whether a pipeline that traverses a state, without providing product to that state, can give the state a public benefit.

What was the action by the states on a legislative and regulatory level? Permits were denied & legislators paused the use of eminent domain by private entities so that the legislatures could dig deeper.

3 Ways this can hit Texas? 

• At this week’s Senate State Affairs, Chair Huffman said 9,000 entities in Texas have the power of eminent domain.
• On the House side, House interim charges are looking at the prevelance of special districts. Hint: Special districts have eminent domain power.
• Private Companies using eminent domain for controversial projects- private tollroad authorities in the Dallas area, High Speed Rail, Pecos Pipeline, SAWs water pipeline…

WSAV | Kinder Morgan Suspends Plan for Palmetto Pipeline, Opponents

WRDW | Suspending work on the Palmetto Pipeline

How to end low ball offers by Texas A&M Real Estate Center: make condemning entities pay attorney fees if the court award is x% higher than the initial offer.

Why make condemning entities pay legal fees?

• Paraphrasing Senator Nelson- these are unfair transactions, these sellers are not willing sellers.
• Paraphrasing TXDOT testimony- when we go to court, we usually have to pay 26% more for the property. 

Dallas Morning News | Here’s how to end ‘lowballing’ in eminent domain property cases, Texas legislators are told

How does a condeming entity bypass a covenent that restricts railways on their property? 

• Get your company designated as a common carrier by the TCEQ
• If you’re a quarry in Texas and need to move rocks, have a relationship with a nearby rail
• Have the railway use common carrier status to condemn land to “overcome restrictive covenants jointly entered by 43 property owners”

Tah, dah… Eminent domain by a private company in 3 steps thwarts restrictive covenants by land owners.

San Antonio Express News | Capitol Aggregates pursues new quarry in Medina County

Which FERC denial triggered a lawyer brainstorming session?  The denial of “Jordan Cove Energy Project, L.P. (Jordan Cove) for authority under Section 3 of the Natural Gas Act (NGA) to site, construct, and operate a facility at Coos Bay, Oregon, for the exportation, principally to Asia, of liquefied natural gas (LNG)”

What eminent domain issue to the lawyers point to? “the pipeline proposal’s impact on landowners and communities given the Pacific Connector’s need for eminent domain”

Which new standards of consideration emerged from the application denial?

• the need for the proposed pipeline
  • you have to show demand use 
• is it necessary because of another application approval? A separate approval does not make the project necessary 
• together it creates this test:  “the rationale of balancing benefits against burdens to determine the public interest” 

Lexology | Greenberg Taurig | Does FERC’s Denial of Authority to Construct Jordan Cove Signal a More Rigorous Test for Future LNG Projects?

Where did a state representative’s email cause a stir with a city council? Osceola Iowa

What did the representative say in this email? 

• The state representative’s committee “has issues” with the reservoir
• Raised a compromise of fixing 2 existing reservoirs in lieu of a new reservoir
• The Rep. strongly opposes the use of eminent domain for the reservoir

Osceola Sentinel Tribune | Kaufmann email leaves city council rankled