Monthly Archives: March 2018

Lege Trend. State Equal Control Over All Local Historic Property. 3 Points from the bill.

Tennessee’s bill that would make the State ‘s Historical Commission partial control over all historic property under control of local governments:  HB 2146

Concern of opponents:

  •  HB 2146 would also give the TN Historical Commission new eminent domain authority
  • The bill allows the stsate commission to threaten removal of officve for any local official that ignoed a state histroical commission decision

Supporters of the bill say:

  • the bill is necessary because Memphis tried to remove two…

Eminent Domain Creep. Can eminent domain seized land then be annexed?

Colorado Courts are grappling with “eminent domain creep.”

What’s eminent domain creep? Extending eminent domain through judicial opinion.

What’s the issue in Colorado? City A wants to buy land outside its city limits for open space and then annex the land into City A and offer developers tax incentives. City B opposes the land transaction and wants to use eminent domain to take the land for open space.

Denver Post | Eminent domain creep strikes again

Local TREND. 3 Arguments for Less Regulation of local food trucks. Food Trucks = Private Property Rights?

Empower Texas is arguing for statewide regulations for food trucks because:

  • Houston & Austin regulations, the 6th and 7th worst cities respectively, overburden these small businesses
    • Houston should eliminate “on-site bathrooms for food trucks on private property and the “electronic monitoring fee.”
  • It relies on this report from the US Chamber of Commerce that says food trucks have an average of ” 45 separate government procedures over 37 days and pay over $28,000 in fees for permits,…

Legal TREND. Can a foreign entity have the power of eminent domain?

A fedceral appeals court will rule whether the power of eminent domain for a pipeline in Ohio. 

What do I need to know?

  • Nexus is a partnership that is partly foreign owned
  • While awaiting a court ruling, a local govenrment in the project’s path, approved a settlement on city lands, but the city legal counsel says the agreement is not elegibile for approval on a ballot
  • The city’s agreement does not impact the landowner lawsuit over the question of eminent domain authority

Akron Beacon Journal…

Legal Trend. Pre-condemnation Access. Landowners Need Opportunity to Negotiate via the flowering dogwood state. What you need to know:

Background: Atlantic Coast Pipeline contractors seek access to property to begin tree-cutting, Landowners are asking a court to prevent the tree cutting.

What court? US District Court Judge Terence Boyle, a George HW Bush appointee, in the Eastern District of North Carolina

The court sides with the landowners and said: 

  • landowners should have a reasonable opportunity to negotiate
  • the pipeline can use eminent domain

What pre-requisities on eminent domain use are detailed by the court to…

Private Property Rights. Attorney General Opinion Raises 1st Amendment Issues with Trespass Bill in the Syringa Flower State.

State: Idaho

Trespass Revision Bill that streamlines criminal, civil and parks & wildlife trespass statutes: HB 658 (2018) 

The Attorney General Opinion: Inquiry on HB 658 | Attorney General Lawrence Wasden & March 2018 Inquiry on HB 658 | Attorney General Lawrence Wasden

The 1st Amendment Issues Raised by the Idaho Attorney General: Whether the bill passes muster with the 9th Circuit’s overturning of Idaho’s Agricultural Gag law

Anatomy of a Property Rights Group Opposition to Local Land Use. 5 New Preemption Bills + 3 Inverse Condemnation Compensation Standards

Where: La Plata County Colorado

The land use resrictions the La Plata Liberty Coalition Opposes:

  • County regulation of building height
  • County regulation of exterior facade colors
  • County regulations of screening structures and minimizing impacts on views
  • County regulations providing visual breaks to any structures’ facade
  • County regulations to avoid monotonous roof planes

3 County regulation topics that require just compensation:

  • requiring “open vistas”
  • preserving “scenic corridors”
  • “aest…

Local TREND. Cities Outsourcing Code Enforcement. Private Property Rights Lawsuit Emerges. Bills Drafting.

First comes private property rights lawsuits, then comes legislative reponse.

Which local government? Indio, California

What did Indio, California do exactly? A lawfirm became the city’s official prosecutor for code enforcement cases. The lawfirm’s pitch was that it wouldn’t cost the city a dime. 

What’s the private property rights angle? The lawfirm’s deal with the city allows the lawfirm to bill a property owner its full legal fees in a prosecution which creates a personal financial stake…

Activist TREND. Texas Conservative Online Eminent Domain Polling. 58% say No. No. No. More say Never for Private Entities.

online polling for eminent domain purports:

  • 58% oppose eminent domain use
  • 42% are yes and likely yes, but only if….

What qualifiers are offered for yes to eminent domain?

  • never for private projects
  • only for national emergencies
  • only if compensation is drastically above fair market place
  • fair compensation & a benefit for the community

isidewith | Eminent Domain Poll Results for Greg Abbott Voters