Monthly Archives: November 2018

3 Eminent Domain Cost Drivers for Texas border wall

  • The route does not follow the river, is a straight line and makes 1000s of acres unusable
  • Unwilling Landowner Litigation the route makes it necessary to take more land from 100s of unwilling landowners
  • Religious land taking a historic Catholic mission will set up a lengthy legal fight over the 1st amendment freedom religion rights of the church vs. the government’s 5th amendment aility to use the power of eminent domain

The Monitor | EDITORIAL: Holy war: Government should reconsider planned…

Anatomy of a Bill that Sped up Water Project Development & Prohibited Eminent Domain

Florida’s SB10 (2017 |FL) did 2 things:

  • prohibited the use of eminent domain &
  • “mandated the construction of a reservoir south of Lake Okeechobee”
    • “to reduce discharges to the St. Lucie and Caloosahatchee estuaries in an effort to quash the harmful blue-green algal blooms that have wreaked havoc on Florida waters in recent years”

This week, the results are clear, the reservoir is on target a pace faster than anticipated and no eminent domain is being used.

Florida Politics | U.S. Sugar…

Lege TREND. Legislative Plan to Preempting Tree Ordinances. An exception + the Opposition

Michiugan will consider SB 1188 (2018 | MI) that will preempt local ordinances barring tree removal by:

  • prohibit local governments from adopting or enforcing ordinances or charters “prohibiting or restricting the removal of trees or other vegetation.”

What exception did the author accept?

  • allow local governments to willingly enter into contracts with private landowners to allow local control of storm water mitigating vegetation

What are cities saying in repsonse?

  • vegetation and tree…

3 Reasons to Reign in Eminent Domain. Editorial from the Black-eyed Susan Flower State

The Baltimore Sun Editorial, Transource fight continues [Editorial], raises these 3 issues with eminent domain:

  • Balance economic interests in eminent domain by comparing whether there are “sufficient economic benefits to justify the..cost and the disruption to the communities”
  • Legislation should re-direct to non-eminent domain alternatives. Maryland is considering requiring that power projects look to existing infrastructure first. 
  • Public Necessity.   need a better balance between property…

Legal TREND. US Supreme Court. Endangered Species. Property Rights Win.

A US Supreme Court decision this month in Weyerhaeuser vs. the US Fish and Wildlife Service held that:

  • if a regulation declares a protected species
  • to protect the land, it also has to be shown that the land is a habitat for that species

CBN News | US Supreme Court Upholds Landowners Property Rights Against Gov’t Overreach 

Legal TREND. Local Tree Ordinances vs. Property Rights.

What tree ordinance is the center of a law suit? Township of Canton, MI that fines the removal of  any “tree,” defined as anything with a woody stem and a three inch diameter. The fine is up to a $450 fine

Who sued? The Texas Public Policy Foundation 

What happened to get here? A landowner removed trees ans shrubs on his land to clear up a flooding issue and to eliminate a mosquito issue caused by the flooding

F.P. Development, LLC VS. Charter Township of Canton, Michigan

Texas Attorney General Opinion. Property Rights + RVs.

What question is the Texas Attorney General Opinion? Are guests at recreational vehicle parks are licensees or tenants for eviction purposes?

Why does this matter?  A tenant has exclusive possession & control of the premises with legal recourse; a licensee does not

RV guests, are they tenants or licensees?

Legislative Fix? Re-define “recreational…

Private Property Rights TREND. 20th State Adds Right to Hunt & Fish to State Constitution,

Voters approved the constitutional change in North Carolina to add a right to hunt and fish to the state constitution.

Enabling legislation: SB 677 (2018 | NC)

Article I of the North Carolina Constitution will be amended by adding: “Sec. 38. Right to hunt, fish, and harvest wildlife.The right of the people to hunt, fish, and harvest wildlife is a valued part of the State’s heritage and shall be forever preserved for the public good. The people have a right, including the right to use…

Legal TREND. Private Companies. Does Using Eminent Domain Subject you to State Open Records Laws?

Louisianna Courts are tackling whether a pipeline, that utilized eminent domain, subejcts its to open records laws.

The lower court said, no open records laws do not apply.

Next up: Appellate Courts. 

How is this moving through the courts? Via The Center for Constitutional Rights

What information is The Center for Constitutional Rights looking for?

  • company communications about federal, state and local politicians
  • documents concerning opposition to the pipeline
  • records related to LSU…

Constitutional Protection for Private Property in Personal Information. WHERE. HOW. WHAT.

New Hampshire voters approved a state constititional amendment to protect from government intrusion personal and private information.

The constitutional language: An individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.

The passage rate: 80% of votgers supported it

Reason | N.H. Constitution Now Protects “Right to Live Free from Governmental Intrusion in Private or Personal Information”