Monthly Archives: June 2017

Pre-condemnation Access. Court Rules to Limit. State Moves to Change Laws to Mirror Ruling.

California Supreme Court limits the right to precondemantion access in that:

  • any claims arising thereof require can trigger a jury for compensation determinations &
  • that precondemnation access and inspection can, in and of itself, be a taking that is compendsable

 

To make the California Supreme Court ruling align with California Statutes, the California Law Revision Commission is recommending changes to the request code sections that will clarify the jury requirement for compensation.

Why…

Private Property Rights. Tree Regulations make the 2017 Veto List.

Vetoed: SB 744 By Kolkhorst Relating to a tree planting credit to offset tree mitigation fees imposed by a municipality.

The Veto Statement Highlights:

  • Cities dictating trees is a “assault on provate property rights”
  • A compromise bill, like SB 744, cannot only offer ” a very minor restriction on some municipal tree ordinances”
  • state law shall not support “municipal micromanagement of private property”
  • ” we can do better for private property owners in the upcoming special session”

SB 744…

Local Trend. Agreements in Lieu of Annexation.

The local government: Decatur

The 5 year agreement in lieu of annexation would require:

  • City forgoes its right to annex the property
  • Property owner agrees that the use on the property will be the current use
  • Any other use of the property will be governed by the city’s rules and regulations with regards to development

Wise County Messenger | Agreements could delay some annexation

 

Lege TREND. Civil Asset Forfeiture. 3 Points from Colorado's newly Enacted Legislation.

Policy Goal: “Government should never keep assets seized from innocent people,”

The bill: Colorado House Bill 1313

What Colorado’s House Bill 1313 does:

  • uniform, biennial, and detailed reporting on property seizures by law enforcement
  • reported information must be available to the public online in a searchable format
  • limits receipts of seized proeprty from joint investigations with federal agencies

The Governor directed law enforcement funding to offset revenue lost from stricter civil…

Legal Trend. Property Rights in Hunting Rights & Fishing Rights vs. pipeline environmental impact.

A judge in the District of Columbia ordered more environmental review of the Dakota Pipeline, including the impact a spill would have on hunting and fishing rights.

The specific hunting and fishing rights relate to rights reserved by the Standinf Rock Souix tribe  on Lake Oahe.

Governing | Tribune News Service | After Oil Starts Flowing, Judge Orders More Environmental Review for Dakota Pipeline

Legal & Lege TREND. Can a HOA retroactively prohibit leasing in a sharing economy?

The Big Question: Can a home owner association retroactively restrict the ability of a property owner to lease their property?

The majority of states and courts say yes, retrocative property rights restrictions on short term rentals are ok. 

Harvard University | Retroactive restraints on leasing in homeowners associations

 

 

Lege TRENDing. Special Session. Private Property Rights vs. Recreational Water.

South Dakota Governor called a special session to  “create a set of rules for outdoor enthusiasts who want to use lakes on private land in South Dakota for recreation”

The special session is in direct response to a State Supreme Court ruling that denied access to lakes from private property. 

Refreshing our recollection  from march 22, 2017 informed:intel  Legal Trend: Are all Waterways Open to the Public? No, not up north.

What does proposed draft bilsl look like to addres access to lakes…