Lege Trend. Private Property Rights in Private Wells. Compensation for Restricted Well use. Read the Bill.

 In true Libertarian fashion, New Hampshire Legislature is considering House Bill 1226 (2018) that exempts from drought restrictions private wells.

What supporters say:

  • HB 1226 is about basic Property Rights
  • Riparian rights are a long standing legal right and tradition
  • If opponents want to stop private wells from use during drought, then private wells should be reimbursed for the property rights loss

What opponents say:

  • private wells still draw down water reserves and there is a greater…

Local Ordinance TREND. Spot Zoning. Short Term Rentals. Football Players.

Where: New Orleans, LA

The spot zoning: an ordinance that allows a certain property to pursue unrestricted short-term rentals

What’s the benefit of the spot zoning for short term rentals: Residential property in New Orleans has a 90 day maximum for short term rentals, the spot zoning removes this restriction

The football player:  owns the property subject to the spot zoning

How does eminent domain factor into New Orleans City Council? A city council member likened the zoning issue to taking…

Property Rights TREND. Local Ordinance: Prohibits Plants Higher than 10 inches. What?!

Where: New London, CT home to the Kelo v. City of New London of U.S. Supreme Court fame

The ordinance: Section 302.4 of the New London Property Maintenance Code

What garden items are prohibited by Section 302.4?

  • “all grasses, annual plants and vegetation,” that are more than 10 inches high.
  • except for trees, shrubs, and “cultivated flowers and gardens” 

The offending yard:  Has a “maintained” and “contained” bamboo garden for more than 30 years, longer than the ordinance has been in…

Activist TREND. Railed. Residents Against Invasion of Land by Eminent Domain. RAILED.

Residents Against Invasion of Land by Eminent Domain formed to combat a $2.8 Billion freight rail plan. Here’s what you need to know:

  • The Surface Transportation Board rejected the rail plan, according to RAILED due to the projects lack of funding
  • What surprised RAILED the most: that a swath of residents didn’t care about the freight rail, didn’t think the rail would affect them, and had no idea of long term impact on safety

Chicago Tribune | Funding, opposition derail $2B freight rail plan

Activist TREND begets Lege Trend. Power Lines and Eminent Domain.

In 2017, Maryland enacted new eminent domain authority for the building of power lines. 

Recent opposition to a high voltage power line has legislators looking to reign in eminent domain authority for high voltage power lines when porjects are sanctioned by the Maryland Public Service Commission.

The Baltimore Sun | Harford legislators get down to business as 2018 General Assembly session begins

Lege Trend. Oil & Gas Set Backs Lead to Initiative to Compensate Land Owners.

Where:  Colorado

What form is this compensation for private property owners taking? An initiative proposal

Why compensate private property becuse of oil and gas drilling set backs? The Colorado Farm Bureau proposed the initiative because drilling setbacks are causing farmrs to lose out on mineral interst royalties.

The Fence Post | Colorado Farm Bureau proposes initiative to protect private property rights

No Eminent Domain for Public Safety, Energy and Public Security in the Northeast. Read the Bill.

State: Massachusetts

The legislation: The Comprehensive Adaptation Management Plan which coordinates the planning of projects state authorities led by the governor’s secretaries of Energy and Environmental Affairs, and Public Safety and Security.

The acquisition of property: Only from willing sellers

Cape Cod Times | Author of legislation clarifies its intent

Massachusetts S 472 (2018)

Lege Trend. 4 Property Value Requirements in this Eminent Domain Bill. Read the Bill.

Utah is considering HB62 which looks to re-define property valuation for eminent domain by requiring the value include:

  • any impact from the public project for which the property was taken
  • anything a prudent purchaser would consider in determining the market value of the property after the taking
  • access to the property that exists after the taking
  • and the value shall not include in the property value will be the property tax assessment 

Libertas Utah | HB 62: Helping Ensure Just Compensation…

Local Trend. +1 Town Opposing Eminent Domain Use for Pipelines.

Add Monadnock, NH to the lsit of towns opposing eminent domain for pipelines in its area.

How did Monadnock get started on the no eminent domain resolution bandwagon? 2 years ago the town officially voted to oppose a natural gas pipeline

What action is it taking in 2018?  a petition warrant article that opposes pipelines and specifically opposes the use of eminent domain for pipelines

Monadnock, NH Ledger Transcript | Town may ban pipeline forever 

Local TREND. Parking Management on Private Property. State Takes Towing Authority from Local Governments.

Where:  Arlington, VA

What is the local ordinance? County government sought to require two signatures for a landowner to have a car on their property towed.

Which groups aligned against the local ordiannce to help landowners? The Arlington Chamber of Commerce sought to secure private property rights by ensuring effective parking management

What did the state law do? Retained the property owners ability to remive improperly parked cars on their private property & restricted local regulation…