Author Archives: admin

Local TREND. Rental Property Inspections = Private Property Rights Violations?

Institute of Justice is representing a class of renters in Seattle to challenge the city’s ordinance that requires inspection of rental property.

The ordinance: Rental Registration and Inspection Ordinance,  Seattle Municipal Code 22.214.

When tenants refused entrance to the inspector a fine of $500 per day until the landlord persuaded the tenant to permit the inspector to inspect the premise.

Institute for Justice | Seattle mandatory rental inspection Law

Eminent Domain and Coastal Barriers. WHAT. WHERE.

What project? A coastal barrier project that will be a 71-mile long system of gates and levees 

Where? Along the Texas Gulf Coast

How does eminent domain come into play? Businesses and residences on Bolivar Peninsula and Galveston Island could be impacted

Who would exercise eminent domain? Texas General Land Office

What do I need to know about TX GLO, eminent domain and the coastal barrier?

  • eminent domain will e a last resort
  • intent is to ” identify an alignment that minimizes and…

Local TREND. Anatomy of an Economic Development Plan with Eminent Domain. Who. Where. What.

Who: Amazon Headquarters 2

Where: New York

What: New York City officials and New York State officials pitch to lure Amazon included the use of eminent domain for prime real estate

What specific eminent domain offers were made?

  • “Subject to public approvals, ESD is empowered to acquire, encumber and dispose of any real property interest, including through eminent domain,”
  • ““ESD can also override local zoning, offer tax subsidies while holding title to a property, and provide lower-cost…

Legal TREND. Are Maps and Signs to a Park a Taking if people cross private property?

The City of St. Pete Beach built a new park.

The City then made maps, websites,  physical signs, that suggested to the public that they were free to cross that private property to get to the beach.

The private property owners sued.

These actions- signs, maps and websites suggesting to cross private property are a taking tantamount to eminent domain.

 Chmielewski v. City of St. Pete Beach, 890 F.3d 942 (11thCir. 2018).

Lege TREND: Private Entities Get Regulatory Approval Before Using Eminent Domain?

This is the question at the heart of a lawsuit in Louisiana.

What does state law look like for eminent domain? To use eminent domain, an entity must receive permission from a regulatory agency.

Is this the middle ground between no eminent domain for private entities and no checks on the use of eminent domain by private entities?

Louisiana Record | Eminent domain laws at heart of suit challenging Bayou Bridge Pipeline, law professor says 

3 Policy Issues. Eminent Domain and Wildlife.

The federal government’s Texas border wall illumates 3 eminent domain issues that impoact wildlife. 

The border wall is planned to run through the National Butterfly Center, a reserve for residential and migratory birds and butterflies and the impact to wildlife has been:

  • Access.  Surveyors have left gates open after deaprting the facility
  • Changes to wildlife environment. equipment and stakes impact sanctuary grounds
  • Communication  Communication between the surveyors and the wildlife center…

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…