Monthly Archives: March 2017

Why did Nevada Join Property Owners in a US Supreme Court Eminent Domain Case?

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…

Lege Trend. Legislatures declaring certain projects are not public use.

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

 

Lege TREND. End Run Around Kelo with Blight Redevelopment.

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) 

Private Property TREND. Statewide Vacation Rental Regulations from the Sunshine State.

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…

2 Ways Austin's tree Ordinance violates Private Property Rights. +1 Solution

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…

County has to be Granted Quick Take Authority By the State for Each Project. Name the State…

…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

Eminent Domain and the Texas Border Wall. 3 Key Points.

  • 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…

Legal Trend: Are all Waterways Open to the Public? No, not up north.

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…