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Legal Trend. Private Property Rights Claims in Texas Deer Breeder Rules.

What’s the background?

Texas Parks and Wildlife Department promulgated rules to curtail chronic wasting disease
Some deer breeders sued to stop the rules.
Lower Court upheld the rules
An appeal by deer breeders alleges property rights violations

What are the property rights claims in the appeal to the 3rd Court of Appeals?

There is a property interest in deer breeding
There is a property interest in Texas Parks and Wildlife licenses
The Texas rules refer to deer as “private property”

As…

Legal Trend. Nuisance Litigation = Eminent Domain Use? New Tort Issue.

Lawsuits in California allege that homes built before 1981 containing lead paint are a public nuisance.

A public nuisance in California can be remedied by taking the property by eminent domain.

A public nuisance can also be remedied by criminal charges against the property owner, foreclosure, special taxes to resolve the nuisance, orders to vacate or demolish, loss of tax deductions, mandatory disclosure on real estate transactions, and a listin gin a public data base.

Legislative…

Private Property Rights. City prohibits Gardening. Bill Adds to State Preemption TREND.

The City Ordinance: Miami Shores, FL prohibits front yard vegetable gardens and places a fine of 450/day for people with productive front yards

The State Preemption: SB 1776

SB 1776 does 3 things:

Establishes a state interest in sustainable cultivation of fruits and vegetables
Prohibits local regulation of vegetable gardens
Existing local regulations are void and unenforceable

Miami Herald | Supreme Court settles food fight, leaves ban on front-yard veggie gardens intact

Increasing Trespass Penalties & Fees to Protect Property Rights. Read the Bill from the West.

Idaho is considering RS26114 | HB 536 that will set trespass fees:

$50 to $500
increased fees for intentional trespass
a 3rd offense would be a felony

The bill’s author, a rancher, said of current trespass laws:

the laws are a patchwork
the orange markings property owners are required to put up every 660 feet are onerous
recreational trespass penalties are higher than criminal trespass penalties

in addition to streamlining penaltiesalso requires:

property owners to mark property at…

3 Reasons an Editorial Opposes Eminent Domain for Affordable Housing

The North Jersey editorial board opposed the taking of private property by a for-profit developer to build between 22 and 29 low- to moderate-income apartments in a mixed use retail and market rate housing development.

The opposition:

Affordable housing is not a public use for eminent domain
Its iffy if the properties taken are blighted
handing private property, seized by emient domain, to a private developer doesn’t fly

North Jersey | Editorial: In Emerson, eminent domain or land grab?

Private Property Rights Bill. Drunk Driving on Your Property.

State: Virginia

The bill: SB 308 allows you to drive while intoxicated if and only if:

you are drunk driving on your own residential property
you are drunk driving on the curtilage of your own residential property

Washington Post | Bill allowing drunken driving on private property passes

Lege Trend. New Eminent Domain for Animal Poop Pipelines. The bill does what?!

South Dakota’s House transportation Committee moved out HB 1184 (2018) that will move cow manure through new pipelines.

What’s the opposition to cow manure pipelines?

opposition rooted in the new grant of eminent domain authority
its expanding eminent domain to something that isn’t an utility & doens’t serve a public use

How would these poop pipelines work?

pipelines of animal manure from one farmer
would run through neighbors’ road ditches
to bring fertilizer to farmed fields

What do…

How much does your state spend on eminent domain each year? The Iris State Calls for Annual Reports.

Tennessee HB 2044 (2018) & Tennessee SB 2566 (2018) require annual reporting by the state Finance Commissioner concerning how much Tennesssee spends acquiring property via eminent domain.

Eminent Domain to Claim Statues from the Home of Purple Irises

Tennessee is considering a bill that would grant the state eminent domain authority, retroactively, over conferederate statues.

The Properties Act would apply to statues on land that the state government previously but not currently owns.

WMC 5 | Proposed bill could grant state eminent domain over Confederate statues

Transportation Eminent Domain Costs Trigger State Audit. 3 Catalysts. 4 Audit Recommendations.

California High Speed Rail, Phase 1, will face an audit after these 3 things happened:

Projected costs for phase 1 of California’s high speed rail have risen by $3 Billion
A bipartisan group of legislators requested a formal audit
Concerns that the project will need state subsidies

Due to the projected cost increase, the audit will make the following recommendations:

how to accelerate the project’s timeline
reduce costs and identify other sources of revenue
best practices for approving…