Monthly Archives: June 2017

Lege Trend. What happens when counties have input into infrastructure projects that use eminent domain?

In Missouri, the Missouri Supreme Court upheld an appellate ruling that effectively stopped a transmission line plan.

How could the court do this?  In Missouri to build a transmission line, the state agency must have input from the counties. Why? Because state law says counties must determine whether a proposed project meets engineering & safety guidelines.

6 of the 8 counties said no to the transmission project. The project backers had asked the MO Supreme Court to not require the county…

US Supreme Court Authors 2017 Kelo Say Property Rights Supporters. 3 Key Points about Murr v. Wisconsin

The U.S. Supreme Court sided with Wisconsin in a property rights case last week. Property irghts activists are hanging their hats on the liberal majority in this opinion.

Murr’s property right sissue isn’t as clear cut as Kelo’s- should the house be taken. Murr owned multiple parcels of land and wanted to sell one parcel to build a cabin.

Standing in the way of the Murr’s cabin dream is a Wisconsin law that barred the sale because conservation rules treat the two lots as a single property…

Legal Trend. Private Property Rights vs. First Amendment to Murals vs. City Ordinances

City: Atlanta

Ordinance: 1982 Ordinance required:

  • registration of public art
  • approvals by multiple layers of city government  for public art
  • defined public art as  any artwork “able to be viewed from a public way.”

Court: City agreed to stop enforcement of a 1982 ordinance and pay $500 in restitution to the property owner and the mural artist. Attorney fees and costs are still being negotiated.

Atlanta Daily Report | City Agrees to Halt Enforcement of Ordinance That Threatened Artwork

Lege TREND. 2 Ways Belton TX Would Be Impacted by Annexation Bill + 1 End Run Around Annexation.

Belton, Texas City Manager says an annexation bull like 85R’s SB 715 would:

  • end annexation
  • if voluntary annexation were permitted it would:
    • allow the city & the proposed annexation area to vote
    • the carrot would be city utilitiies & services while the stick would be city taxes

Belton has used development agreements as a stop gap to halt annexation. 

Temple Daily Telegram | Belton may be impacted by special session annexation bill

Legal TREND. Hurricane destructions leads to Eminent Domain. Homeowners head to Court Against Beach Rebuilding.

After Hurricane Sandy, New Jersey Governor Chris Christie signed an executive order permitting eminent domain to rebuild New Jersey’s lost shore line.

The New Jersey Department of Environmental Protection bought easements with the backing of eminent domain to rebuild the shore.

Who is suing the State of New Jersey?

  • Property owners claiming that the state did not good faith to negotiate fair value prices for their homes
  • Several towns also sued the state, claiming existing bulkheads and rock…

Private Property Rights. Mile High Governor Signs Most Comprehensive Asset Forfeiture Transparency law. Big Stick for Local Law Enforcement Included, Carrot not Included

Institute for Justice, private property legal advocates of Kelo fame, say Colorado’s HB 17-1313, is the nation’s most comprehensive asset forfetiture reform.

HB 17-1313 will:

  • Require biannual reporting of the type of property seized, place of the seizure (e.g. which direction on a highway), if any criminal charges were filed in relation to the seizure, if the forfeiture was contested, and the final disposition of the property;
  • Require agencies to report their forfeiture expenditures in…

3 Reasons for No Eminent Domain for Private Gain from a Paper Dating to 1896.

The Wilson Times (Wilson, N.C.) likens eminent domain by a private corporation to trying to buy heirloom tomatoes at a grocer by tossing some coins on the floor. 

The Wilson Times sets out these 3 reasons opposing eminenbt domain by private companies:

  • When land men tell land owners that courts will rule in the corporation’s favor, that is an unauthorized practice of law by offering a legal opinion;
  • Companies reap profits forver from eminent domain while landowners have a lifetime of…

3 Points from a Texas Editorial. Trees & Property Rights. East Texas Says Follow the Houston Model.

A Tyler Morning Telegraph editorial supports:

  • The “Save or Trees” advocates neglect that tree ordinances are about “Save our Property Rights”
  • Senate Donna Campbell has it right- tree ordinances that control how property owners use their land is tantamount to a taking of property
  • Follow the Houston model and convert city owned lands to green spaces to prserve trees

Tyler Morning Telegraph | Editorial: We can protect trees and property rights at the same time