The Bill: Virginia’s SB 1256 (VA | 2019)
- Would provide a tax break for any gains on a forced sale
- Applies to residential and commercial land
Monthly Archives: February 2019
Lege TREND. Constitutional Amendment. Eminent Domain.
The state: North Carolina
The bill: HB 3 (NC | 2019)
The new Constitutional provision: “private property shall not be taken by eminent domain except for a public use. Just compensation shall be paid and shall be determined by a jury at the request of any party.”
Richmond Observer | Goodman, GOP lawmakers want eminent-domain restrictions in constitution
Lege TREND. Statewide Short Term Rental Bill.
The Bill: Maine’s LD 209 (ME | 2019) will:
- prohibit cities from banning short term rentals
- allow for local regulations related to health and safety
Supporters say:
- This is about property rights
- IN 2018, Maine AirbnB hosts earned $66 million
Opponents say:
- Cities should have control
- Removes local governments to seek remedies from bad actors
- Opponent sinclude: Maine’s Municipal Association, Hospitality Maine, Cottage Connection of Maine, Vacation Rental Professionals of Maine and Maine…
Property Rights. New Study. Value to State of Conservation Easements.
The new study: Texas Land Trends report “Conservation Easements in Texas
The value of conservation easements in Texas:
- bolster the $23 billion in cash receipts for agriculture
- contribute over $100 billion annually to the food and fiber sector
- provide over $63.1 million in agricultural commodities annually
- potential to capture over 980,000 acre-feet of water annually, representing a $207 million water replacement cost savings per year
- wildlife management increased by over 5.6 million acres…
Property Rights. Healthcare Data is a property right under this bill.
Oregon’s Senate Bill 703 will:
- label health data as the patient’s property
- require health care companies to obtain signed authorization from individual consumers before de-identifying their data for sale to a third party
Health Tech | What Oregon’s Move to Redefine Data Privacy Means for PHI
Lege TREND. Color Coding Private Property Access for Hunting
North Dakota is considering SB2315 (ND | 2019) which seeks to peotect private property by creating a color coded system for access by hunters.
All property, including private property, is considered green an open for hunting.
Property Owners can post red signs to prohibit access by hunters.
Private Property Rights. Drone Prohibition Over Rural Private Property Reform. Read the Bill + 5 Exceptions.
SB 304 (OK | 2019). would prohibit drones over rural lands by:
- prohibiting drones flying lower than 400 feet over rural private property
5 enumerated exceptions for drones operated by:
- state or federal government
- law enforcement
- utilities
- oil and gas companies
- a commercial operation authorized by the Federal Aviation Administration
Landowners could provide access to universities operating weather drones.
Legal TREND. Asset Forfeiture + U.S. Supreme Court Win.
On Wednesday, the US Supreme Court applied the 8th Amendment’s ban on “excessive fines” to states and local agencies.
Bonjour! to all state bills on asset forefeiture limitations you’ve found your newest ally.
Property Rights. Extend Hold on Annexation from 1 to 5 years. Read the Bill
State: Texas
Legislation: SB 746 (2019 | Texas)
What is it extending related to annexation? The time period for annexation from 1 year to 5 years, after a failed annexation by signature
Cleburne Times Review | Schwertner files annexation bill
Legal TREND. Railroads and Eminent Domain in Texas.
Which side is singing praises of a court order? Opponents to high speed rail
What is the court order? A district court order states that two companies, concerning high speed rail, “are not a railroad or interurban electric company.” The order applies to 3 counties.
Why does this matter? The power to condemn property with eminent domain is derived from the status as a railroad.
Why does the power of eminent domain matter? In addition to land aquisition, it also allows the company onto land to…