Monthly Archives: January 2018

Blight Bill from the Home of the Red Carnation. Faster Clean Up in 4 Steps.

Ohio Legislature is considering HB 482 to expedite blight remediation.

HB 482 will:

  • Cut in 1/2 the amount of time a property owner has to remediate blight from 60 days to 30 days
  • Cuts in 1/2 the amount of time to hold a hearing on the property from 28 days to 14 days
  • Cuts in 1/2 the amount of time a property owner has to remediate blight if there is an injunction from 30 days to 14 days.
  • The evidentiary standard to show blight: preponderance of the evidence

Previous version included…

New Private Property Rights. Property Rights in the Internet. 3 Key Points to Issue Coming to State legislatures.

What’s the issue: CATO, and libertarian groups, believe that there are private proeprty rights in the internet 

What’s the rational for private property rights on the internet? the Communications Decency Act Section 230 “helps tech companies act non-neutrally toward user generated content on their platforms”

CATO highlights Texas Senator Ted Cruz’s opposition to finding private property rights on the internet.

CATO Institute | Why Is Sen. Ted Cruz so Opposed to Private Property Rights on the…

Legal TREND. Property Right in Clean Air. State Supreme Court.

Hawaii Supreme Court has found a private property right in clean air. 

What language did the Hawaii Supreme Court rely on to get here?

  • Article XI, Section 9 of Hawaii Constitution provides for “the right to clean and healthful environment, as defined by laws relating to environmentl quality”
  • Article 1, Section 5 of the Hawaii Constitution provides for “no person shall be deprived of life, liberty or property without due process of law.”

Legal Trend. Private Companies with Eminent Domain. Prepare yourself for the 2 new activist arguments.

If a private entity takes on a state function like eminent domain then…Activists in Lousiana, who are suing over the Bayou Bridge, want the energy companies that use eminent domain to be subject to the same rules the state is subject to, like open records laws.

Is a pipeline a public use? According to the activists/landowners a hospital is a public good, while a pipeline is described as:

  • “We’re not talking about something that’s for the public good. The only people that are going to get…

Campaign Suggests Eminent Domain to Keep Rural Hospital Open. 3Bits to be informed.

The Candidate: Ohio Governor candidate Dennis Kucinich (D)

The eminent domain use: The City of Massillon, Ohio should use eminent domain to keep the Affinity Medical Center open

The public uses: a hospital & 800 jobs

Becker’s Hospital Review | Dennis Kucinich: Eminent domain should be used to prevent Ohio hospital closure

The Patch | One Town In Northeast Ohio Could Lose 800 Jobs In March

 

Lege Trend. Short Term Rental. Dueling Legislation & Local Regulations.

Background: IN 2011 Florida passed a law provided for local regulation, but not for the duration or frequency of short term rentals. 

Local Cities Say No thank you:  After 2011, Miami and Miami Beach passed their own restrictions, with penalties of $20,000

Welcome to 2018. SB 1400 vs.  HB 773  at the Florida Legislature:

  • SB 1400 will:
    • explicit state preemption for permitting & inspecting vacation rentals
    • requires property owners to obtain licenses
    • sets fines and penalties at $1,000
  • H…

Lege Trend. 3 limits for eminent domain by a private company in this piece of legislation

Nebraska’s LB 1017  (2018) would require:

  • pipelines to prove by preponderance of the evidence that the pipeline is a public use & that just compensation was paid
  • include in the calculation of just compensation the economic benefit to the private company
  • Construction limitations including:
    • $100 Million performance bonds
    • A filed decommissioning plan for piepline removal at the end of the pipeline’s use

Lincoln Journal Star | Bob Krist bill would tighten requirements for pipeline…

Lege Trend. Eminent Domain Compensation. New Calculations for Lost Profits for Businesses & Farms. Read the Bill.

Virginia Legislature is considering SB 809  that reframes lost profit for eminent domain property valuations by:

  • applying lost profits to businesses & farms
  • applies to a partial taking of land
  • the valuation calculation begins once the property owner is prevented from using all of his land or any property rights are taken.