Legal Trend. Nuisance Litigation = Eminent Domain Use? New Tort Issue.

Lawsuits in California allege that homes built before 1981 containing lead paint are a public nuisance.

A public nuisance in California can be remedied by taking the property by eminent domain. 

A public nuisance can also be remedied by criminal charges against the property owner, foreclosure, special taxes to resolve the nuisance, orders to vacate or demolish, loss of tax deductions,  mandatory disclosure on real estate transactions, and a listin gin a public data base.

Legislative…

Private Property Rights. City prohibits Gardening. Bill Adds to State Preemption TREND.

The City Ordinance: Miami Shores, FL prohibits front yard vegetable gardens and places a fine of 450/day for people with productive front yards

The State Preemption: SB 1776

SB 1776 does 3 things:

  • Establishes a state interest in sustainable cultivation of fruits and vegetables
  • Prohibits local regulation of vegetable gardens
  • Existing local regulations are void and unenforceable

Miami Herald | Supreme Court settles food fight, leaves ban on front-yard veggie gardens intact

 

Increasing Trespass Penalties & Fees to Protect Property Rights. Read the Bill from the West.

Idaho is considering RS26114 | HB 536 that will set trespass fees:

  • $50 to $500
  • increased fees for intentional trespass
  • a 3rd offense would be a felony

The bill’s author, a rancher, said of current trespass laws:

  • the laws are a patchwork
  • the orange markings property owners are required to put up every 660 feet are onerous
  • recreational trespass penalties are higher than criminal trespass penalties

  in addition to streamlining penaltiesalso requires:

  • property owners to mark property at…

3 Reasons an Editorial Opposes Eminent Domain for Affordable Housing

The North Jersey editorial board opposed the taking of private property by a for-profit developer to build between 22 and 29 low- to moderate-income apartments in a mixed use retail and market rate housing development.

The opposition:

  • Affordable housing is not a public use for eminent domain
  • Its iffy if the properties taken are blighted
  • handing private property, seized by emient domain, to a private developer doesn’t fly

North Jersey | Editorial: In Emerson, eminent domain or land grab?  

Lege Trend. New Eminent Domain for Animal Poop Pipelines. The bill does what?!

South Dakota’s House transportation Committee moved out HB 1184 (2018) that will move cow manure through new pipelines.

What’s the opposition to cow manure pipelines?

  • opposition rooted in the new grant of eminent domain authority
  • its expanding eminent domain to something that isn’t an utility & doens’t serve a public use

How would these poop pipelines work?

  • pipelines of animal manure from one farmer
  • would run through neighbors’ road ditches
  • to bring fertilizer to farmed fields

What do…

Transportation Eminent Domain Costs Trigger State Audit. 3 Catalysts. 4 Audit Recommendations.

California High Speed Rail, Phase 1, will  face an audit after these 3 things happened:

  • Projected costs for phase 1 of California’s high speed rail have risen by $3 Billion
  • A bipartisan group of legislators requested a formal audit
  • Concerns that the project will need state subsidies

Due to the projected cost increase, the audit will make the following recommendations:

  • how to accelerate the project’s timeline
  • reduce costs and identify other sources of revenue
  • best practices for approving…

Private Property Rights + Local Sign Ordinances. 3 Points. City Sign Ordinance Revision from the Wood Violet State.

Kenosha, Wisconsin is re-working its billboard ordinance. 

Kenosha is ooking to balance the interests of business v. public good v. property rights. 

In this balancing act, Kenosha is looking at:

  • 2015 US Supreme Court ruling that says signs can’t be regulated based on content
    • Reed v. Town of Gilbert, AZ
  • Future sign ordinances will cover everythign from ground level signs to billoards
  • How to craft a sign ordinance that avoids costly litigation

Kenosha News | Digital billboards shine a…