Welcome to the Future!
A billionaire in California bought property on Martin’s Beach. Martin’s is a popular surfing spot. The billionaire cut off public access to the beach.
Round and round went lawyers, state commissions on land use, and then came California’s Senate Bill 42 that allows California to use eminent domain to guarantee public access for the surfers and beach goers.
But, how is California going to pay for this public access its acquiring from the billionaire? Via donation.
Senate Bill 42 allows the…
Add another federal lawsuit to the list of whether pipelines consistite a public use that triggers eminent domain for private entities.
The new lawsuit is in U.S. District Court for the Western District of Virginia.
4 States have expereinced different reactions ont he same topic- pipelines & eminent domain:
…
The mayor of West Haven, CT lost his primary race to a city council person.
Some say the surprising loss was due to a redevelopment project that utilized eminent domain.
What factors concerning the project using eminent domain were deemed harmful to the mayor’s campaign?
Lessons:
Schedule demolition…
Rhode Island has a stadium to build for its Pawtucket Red Sox.
What did the Senate Finance Chair say in response to this hoopla? “public opinion is not going to be the litmus test”
Mesa, AZ wants to reduce blight. To do that, it created a redevelopment zones- East and West Redevelopment Areas.
Why redevelopment zones? The designations trigger access to tax breaks & other incentives to attract investment and infill development
What does Arizona law require to trigger blight tax incentives? That a redevelopment district must exhibit a predominance of blighted conditions
East Valley Tribune | Mesa creates redevelopment zones to reverse blight
Texas Attorney General Opinion, KP-1065, finds that affidavits of adverse possession should be filed by county clerks.
What standard does the affidavit need to meet? It must meet the requirements of Property Code section 12.001(a) : acknowledged, sworn to with a proper jurat, or proved according to law.
What does the affidavit not need to do? The affidavit is not proof that adverse possession has legally occured.
What is a data trespass law? While it sounds like data security, these laws create a crime against physically entering land to acquire data like pollution or animal cruetly.
Are data trespass laws constititional? Maybe not. A Federal Appeals court has found a Wyoming law likely violates the 1st Amendment.
Who is for these laws? Land owners, members of the Farm Bureau
Who is against these laws? People for the Ethical Treatment of Animals, Center for Food Safety, National Press Photographers…
Los Angeles will be hosting the 2028 Olympics and the Clippers need a new stadium. What is a state to do? Pretend we’re working in a cartel cocaine processing room and sampling our own product? Yes, in a way, by expediting the permiting process to build stadiums more quickly.
How is the bill expediting the process?
In a nod to the Denbury case, land owners across the east coast are suing FERC in federal court over whether pipelines have a public use that justifies eminent domain authority.
What to watch:
The Texas Supreme Court this week refused to take an appeal on the City of Austin billboard fee.
Lawyers, courts- their words are like teachers in a Peanuts cartoon. What does this mean?