May 2019 – InfoHive – Eminent Domain

Legal TREND. US Supreme Court Rejects Pipeline Quick Take Appeal. 3 Things this means for property rights?

Whats happening? Landowners whose property became a location for a FERC permitted pipeline that allowed for a quick take without compensation since the property was taken 2 years ago.

What does this denial of cert. mean?

Institute of Justice says we continue with the current system that “systematically disadvantages property owners whose land is taken for pipeline construction”
Law Nerds Say: 5 other circuits have said the same thing, this isn’t an issue for the Supreme Court
Industry says:…

Land Use. Trespass Laws. Texas Billionaires + Open Lands in Idaho.

What’s been happening: Court cases, legislative action, and criminal charges. What’s the kerfuffle? The Wilkes brothers bought land in Idaho that abuts open federal lands. In the process, they’ve closed off roads, that may or may not be maintained with tax dollars & gotten a trespass bill passed that required less notice for the land […]

Lege TREND. Approving Historical Land Designations Per Property. Not in Batches.

Where: Colorado

What’s happening? State law in Colorado permits Colorado Preservation, Inc. to bundle properties together to place the properties in the National Registry of Historic Places as a Multiple Property Documentation Form

The bill: HB 19-1078 (2019 | CO)

What did the state law legisaltion do to impact this federal hisptorical property registry?

Require each landowner’s consent
For all lands included within an area described or included within a Multiple Property Documentation…

Wildlife Corridors v. Business Groups. Property Rights.

Where are Business Groups are suing to stop a wildlife corridor: Ventura County CA

Which Business Groups are involved?

Ventura County Coalition of Labor Agriculture and Business
California Construction and Industrial Materials Association

What is a wildlife corridor?

limits impermeable fencing, night lighting, construction and clearing of vegetation
to help wild animals move between the Santa Monica Mountains and the Los Padres National Forest
as the wild animals search for food, shelter…

Legal TREND. Limiting Signs in Yards

The 8th Circuit ruled that limits on yard signage cannot prevent 2 signs, if it permits 1 flag and 1 sign.

Lawrence Willson v. City of Bel-Nor, Missouri. WL 2170661 (8th Cir. 2019).

Local TREND. No to Solar Farm. 3 Property Rights Issues

Where: Augusta County, VA

The proposal: County Board of Supervisors voted against a solar farm

What property rights are at issue?

The county wants to maintain county property for the county inventory for a potential development
The farm land owners want the option of solar
Neighboring property owners are concerned about their property rights

New Virginian | Augusta County supervisors nix solar farm on 4-3 vote

Local TREND. 2 Ways Eminent Domain Hampers Economic Development.

Michigan use to allow local governments to assemble land, with eminent domain powers, for economic development deals. Not so after Kelo and it hurt Detroit’s ability to make a deal with Jeep.

With eminent domain, acquiring land would be:

quicker
cheaper
makes rural and suburban areas more competitive for big economic development deals where land is easier to acquire

Detroit Free Press | Limits on Detroit’s use of eminent domain made Jeep deal much harder to do

LegalTREND. TX Supreme Court Says Texas KELO fix had MASSIVE hole?

This month the Texas Supreme Court ruled that local transportation projects are exempt from the 2005 Kelo fix to Texas eminent domain laws.

What part of the law did the Court find the exception in?

“[t]his section does not affect the authority of an entity authorized by law to take private property through the use of eminent domain for: (1) transportation projects, including, but not limited to, railroads, airports, or public roads or highways…”

So… what are legal types saying?…