Maine LD 271 (2019 | ME) would:
- tie the use of eminent domain to only projects that offer relaible service
- what does this mean? there must be a direct benefit to Mainers
- if eminent domain increases profits, that cannot justify the eminent domain
Monthly Archives: April 2019
Lege TREND. Tree Ordinances. Property Rights. Disaster Bills. Local Preemption During Hurricane Season.
Florida SB 1400 (2019 | FL) would preempts local government tree ordinances between March 1 and June 1.
Property Rights. Lege TREND. Amending Right to Farm Laws.
LBB 227 (2019 | NE) amends Nebraska’s Right to Farm provisions to fend of nuisance lawsuits brought against farmers.
But, there’s a hitch: there’s a hesitancy to grant immunity from liability to farmers…in Nebraska. What else does one do in Nebraska?
Is there a constitutional issue? Yes, closing the doors to courthouses for nuisances is likely unconstitutional accorind got law professors in Nebraska
Omaha World Herald | Proposed expansion of Nebraska’s Right to Farm Act runs into…
Lege TREND. Killing Local Eminent Domain Authority in a State Budget.
The Wisconsin state budget has a provision which prohibits funds for being used for eminent domain projects that include parks and bike paths.
Republicans added the provision to stop cities for using eminent doamin for these purposes.
CBS 4 Minnesota | Evers Budget Restores Eminent Domain For Bike Trails
Lege TREND. Repurchase. Anatomy of a 1960s land purchase not used for a public use
Where: California
The public purpose: CalTrans construction of the I-710 freeway
The property taken: residences
What is the repurchase price? The 1963 eminent domain acquired price range from the mid-$20,000’s to mid-$30,000’s.
How under market value is this? roughly $970,000 under market value
Lege TREND . Expand no Eminent Domain for Econcomic Development. to Include NO Private Gain?
Massachusetts HB 83 (2019 | MA) would add these constitutional limits on eminent domain:
- prohibit a taking for “private commercial or economic development is hereby declared not to be a public use”
Lege TREND. Amendment to Expand Quick Take of Land for Utilities.
An amendment to a transportation bill in Ohio would allow utilities expanded eminent domain authority by allowing quick take possession of property.
OH Ag NEt | Ohio Farm Bureau fights expanded eminent domain authority
Lege Trend. Anatomy of a Short Term Rental Law in a State that Walked Back Full State Preemption.
Florida’s HB 987 (2019 | FL) would preempt local short term rental law and establish a statewide regulatory system that:
- not allow for grandfathering local ordinances
- state supervision of rentals in lieu of local inspections
- state licensing by the state Division of Hotels and Restaurants within the Department of Business and Professional Regulation.
- disclsoure of a contact person including:
- name
- mailing address
- telephone number
What’s happened in FL with short term rental…
Lege TREND. Oil & Gas Underground Storage. No Land Owner Compensation.
North Dakota’s SB2344 (2019 | ND) would not permit compensation to landowners for salt water, natural gas, or CO2 recovery storage for the land owner.
KXNET | Landowners Group: Bill would take land rights away
Lege TREND. State Legislation to Contravene Federal Permits. Grazing Rights in this Bill.
Montana’s HJ 28 (2019 | MT) would request that the state deny the American Prairie Reserve’s grazing proposal to the Bureau of Land Management
Opponents say:
- thinly veiled attempt by the United Property Owners of Montana
- Their interest is only “to protect only the economic interests of its members”
- coercive use of the power of the State to attack the property rights
- if they want a modification of federal grazing privileges, request one through the proper channels