Monthly Archives: September 2017

Lege Trend. Prohibiting Eminent Domain that Landlocks Property. Read the Bill.

State Legislature: Pennsylvania

The eminent domain limitation bill: No eminent domain when a landlocked property is created with no access from a public road

The key bill text: ” a condemnor may not render the remaining parcel inaccessible to the condemnee by creating a landlocked property with no ingress or egress to or from a public road or highway”

PA HB 1773 (2017)

Property Rights Trend. State Lege Uses Budget to Preempt Local Short Term Rental Rules. Read the Budget Rider.

Wisconsin added provisions to the state budget that:

  • require that all municipalities permit short term rentals
  • require uniform regulations for short term rentals throughout Wisconsin
  • permits cities “broad authority to regulate short-term rentals and the behavior of the occupants to ensure that they don’t interfere with the neighbors’ use and enjoyment of their property”

 

Green Bay Press Gazette | State budget restricts local government’s ability to regulate short-term rentals

Threat of Eminent Domain Sparks Open Records Lawsuits.

In Tennessee, the Jefferson County Economic Development Oversight Committee​, a group of elected officials, recommended spending tens of millions of dollars in taxpayer money to begin development on an industrial megasite.

Word  spread that the Jefferson County Economic Development Oversight Committee was talking about using eminent domain to acquire land for the industrial megasite.

Open Records requests followed. A Tennessee appeals court ruled this week that open records laws applied…

3 Critiques of Texas Eminent Domain Notice Procedure from East Texas. Pipelines, Transmission Lines, & Cities Included.

An attorney colum in the Huntsville Item raises these concerns about the notice procedures for eminent domain in Texas:

  • The party pursuing eminent domain could have their lawsuit filed
  • A pre-selected  a group of hand picked special commissioners, whose duty it is to determine a value for the property
  • And the property owner could have no idea that eminent domain is progressing.

The column points to condeming entities bewing pipelines, transmission lines or local governments.

Huntsville Item…

Legal trend. Asset Forfeiture of Vehicles Unconstitutional.

A federal judge in Indiana has ruled that seizing cars with civil forfeiture is an unconstitutional violation of due process and the 5th and 14th amendments to the U.S. Constitution.

The court stressed the hardship of losing one’s car for months without a conviction.

Southern District of Indiana No. 1:16-cv-02980-JMS-DML 

Institute for Justice via Forbes | Federal Judge Rules Indiana Seizing Cars With Civil Forfeiture Is Unconstitutional

 

Legal TREND. Utility Transmission Line Co. Must Own Real Property to Get Eminent Domain Authority.

Court: Illinois Supreme Court

The Case: ILLINOIS LANDOWNERS ALLIANCE, NFP, et al., Appellees, v. ILLINOIS  COMMERCE COMMISSION et al., Appellants. 

The Ruling: to be able to receive the power of eminent domain in Illinois, a utility must own real property, and the transmission line companies at issue do not own real property in Illinois. 

Is there a way for the project to move forward: Yes, if the comapnies move forward as private companies without the power of eminent domain

KWQC | IL…

Local Trend. How 1 Coastal City is Addressing Short Term rentals. Creates Affordable Housing Fund. Allows for Larger Nuisance Fines.

San Diego, California  City Council is considering a new short term rental ordinance that will:

  • permit short term rentals of residential property but not of investment property
    • home owners could rent out up to 3 properties on a short-term basis,
  • require a 3-night minimum stay would be required in San Diego’s coastal areas
  • require a 3 night minimum stay in neighborhoods that have been designated as a historic district
  • limit the total nuymber of days the residence can be rented to 90 days…

Trees and Property Rights 2.0. The Massachusetts Rule or the Hawaii Rule?

If a tree overhangs into your neighbor’s property and causes damage, are you liable?

  • Massachusetts Rule says no you are not liable.
  • Hawaii Rule says yes you are liable.

More trees and property rights issues to ponder.

Harvard University | Property Law Developments | “Massachusetts rule” reaffirmed: no liability if an overhanging tree damages neighboring property

Private Property Rights TREND. 25 States Pass Asset Forfeiture Reform. Read the Bill.

Illinois bcame the 25th state to pass civil asset forefeiture reform.

5 highlights from the bill:

  • Agencies must report their forfeiture expenditures publicly & in a searchable format
  • Rulemaking will ensure noncompliant agencies have their funds withheld;
  • Require regular, independent audits for the State Asset Forfeiture Fund;
  • New notice requirements; and
  • Shift the burden of proof from the property owner onto the state

Illinois HB 303 (2017)

Institute for Justice | With Governor’s…

Limiting Eminent Domain Use Up North, What Made the Cut & What Didn't? More Republicans Limiting Local Government?

Governor Scott Walker of Wisconsin vetoed eminent domain restrictions that:

  • limited railroad use of eminent domain

Governor Walk let stand eminent domain restrictions that:

  • prohit the use of eminent domain for recreational trails and walkways

LaCrosse Tribune | Gov. Scott Walker vetoes quarry regulation restriction, says policy deserves full debate