Private Property Rights + Local Sign Ordinances. 3 Points. City Sign Ordinance Revision from the Wood Violet State.

Kenosha, Wisconsin is re-working its billboard ordinance. 

Kenosha is ooking to balance the interests of business v. public good v. property rights. 

In this balancing act, Kenosha is looking at:

  • 2015 US Supreme Court ruling that says signs can’t be regulated based on content
    • Reed v. Town of Gilbert, AZ
  • Future sign ordinances will cover everythign from ground level signs to billoards
  • How to craft a sign ordinance that avoids costly litigation

Kenosha News | Digital billboards shine a…

Eminent Domain Protests at the Super Bowl. Stadium Sponsor is the Target. Seriously. Who. What. Where.

Who: Opponents to the Dakota Access Pipeline from Iowa + Indigenous Iowans and others from across the Midwest

Why: to protest the four-state pipeline eminent domain

Where: Protesting eminent domain at the Super Bowl in Minneapolis at the US Bank Stadium.  U.S. Bank has a banking relationship with the pipeline company

Des Moines Register  | Iowa environmentalists heading to Super Bowl to protest Dakota Access pipeline

Legal TREND. Are Private Entities Using Eminent Domain Subject to Open Records?

A Louisiana Court ruled that  Public Records Laws Not Applicable To Private Pipeline Company.

Arguments for Open Records: If the entity performs a governmental role, like taking property, it should be subject to open records

The Court’s response— there is no basis for applying open records requirements in this matter.

Red River Radio | Judge Rules Public Records Laws Not Applicable To Private Pipeline Company

Legal TREND. Port Uses Eminent Domain to Buy Competing Port. The Courts Say Ports…

The Port had the power to use eminent domain on a 4:3 vote.

  • This issue will be re-litigated during a re-hearing.
  • The re-hearing will focus on whether if the condemning entity turns the property over to a private company to operate, is the eminent domain use justified?

As for compensation, the Port that was acquired didn’t receive just compensation.

The case:  St. Bernard Port, Harbor v. Violet Dock Port, Inc.

Owners Counsel | Louisiana Supreme Court Decides St. Bernard Port, Harbor v.…

Blight Bill from the Home of the Red Carnation. Faster Clean Up in 4 Steps.

Ohio Legislature is considering HB 482 to expedite blight remediation.

HB 482 will:

  • Cut in 1/2 the amount of time a property owner has to remediate blight from 60 days to 30 days
  • Cuts in 1/2 the amount of time to hold a hearing on the property from 28 days to 14 days
  • Cuts in 1/2 the amount of time a property owner has to remediate blight if there is an injunction from 30 days to 14 days.
  • The evidentiary standard to show blight: preponderance of the evidence

Previous version included…

New Private Property Rights. Property Rights in the Internet. 3 Key Points to Issue Coming to State legislatures.

What’s the issue: CATO, and libertarian groups, believe that there are private proeprty rights in the internet 

What’s the rational for private property rights on the internet? the Communications Decency Act Section 230 “helps tech companies act non-neutrally toward user generated content on their platforms”

CATO highlights Texas Senator Ted Cruz’s opposition to finding private property rights on the internet.

CATO Institute | Why Is Sen. Ted Cruz so Opposed to Private Property Rights on the…

Legal TREND. Property Right in Clean Air. State Supreme Court.

Hawaii Supreme Court has found a private property right in clean air. 

What language did the Hawaii Supreme Court rely on to get here?

  • Article XI, Section 9 of Hawaii Constitution provides for “the right to clean and healthful environment, as defined by laws relating to environmentl quality”
  • Article 1, Section 5 of the Hawaii Constitution provides for “no person shall be deprived of life, liberty or property without due process of law.”

Legal Trend. Private Companies with Eminent Domain. Prepare yourself for the 2 new activist arguments.

If a private entity takes on a state function like eminent domain then…Activists in Lousiana, who are suing over the Bayou Bridge, want the energy companies that use eminent domain to be subject to the same rules the state is subject to, like open records laws.

Is a pipeline a public use? According to the activists/landowners a hospital is a public good, while a pipeline is described as:

  • “We’re not talking about something that’s for the public good. The only people that are going to get…