Welcome to the Future!
The Wisconsin Legislature rejected the U.S. Supreme Court ruling in Murr v. Wisconsin that permitted regulation on adjacent properties that limited the ability to sell the property.
In response to the June ruling, the Wisconsin Legislature in November passed Assembly Bill 479.
The goal of the bill: to make sure the regulatory schemes that exist when land woners buy property continue to exist.
The bill is meant to “make sure that when people buy property, and they have expectations related…
The state that prohibits eminent domain with grant funds: Indiana
The grant funds that prohibit eminent domain: State Community Development Block Grant Main Street Revitalization Program, which requires local matching of $150,000 for a total $600,000 grant
The local government project that will use the grant funds: widen, replace and extend sidewalks in Georgetown, Indiana in connection with the River Hills Economic Development District and Regional Planning Commission.
Texas Attorney General Ken Paxton lays out 2 ways McKinney’s proposed annexation plan isn’t lawful:
How the notices violate the Open Meetings Act and Local Government Code:
The local government: Somerset County, NJ
The fee: $15 fee to file official documents with the County Recorder of Deeds. Documents include mortgages and deeds
The fees will be dedicated to which fund? The Demolition Fund to help the county remediate blight
Property developers in Los Angeles California are charged a fee that subsidizes affordable housing.
How did this end up in court? Developers argued that the fees are tantamount to a taking of private property “for public use without just compensation.”
What happened in court? The U.S. Supreme Court on Monday, October 30, 2017, refused an appeal that upheld the affordable housing fee.
California State Courts found that the developer fees are: a reasonable regulation of development.
The elected position: Ellis County, Texas County Judge
The candidate: Current Ellis County Judge Carol Bush
The comment on property rights and high speed rail: In listing achievements she notes under her leadership the county has “advocated for property owners against high-speed rail”
Waxahachie Daily Light | Ellis County Judge Carol Bush announces re-election campaign
What’s happening? Marietta Georgia argued before the Georgia Supreme Court that the 2006 Landowner Bill of Rights was optional.
What was the landowner’s argument? That the city had to follow the landowner bill of rights and provide a detailed appraisal prior to condemnation proceedings.
What did the Georgia Supreme Court say?
Texas State Representative Ernest Bailes op-ed in the Houston Chronicle makes these points about a need to review eminent domain laws:
Houston Chronicle Op-Ed | Bailes: Eminent domain statutes need review to ensure fairness
Kentucky is wiring the state for internet with the aptly names- KentuckyWired project.
To wire bluegrass country, the state Kentucky Communications Network Authority (KCNA)is overseeing the public private investment.
What eminent domain rumors are swirling in the bluegrass? That homes are being taken away.
How did Kentuckywired respond:
House Committee on County Affairs
#7 Land Development & Floods. Evaluate whether counties have the necessary ordinance-making and enforcement authority to deal with flood risk in unincorporated rural and suburban areas of Texas. Additionally, examine whether counties have adequate resources and authority to ensure that new development in unincorporated areas is not susceptible to flooding.
House Committee on Energy Resources
#5 Wind Decommissioning & Property Rights. Examine how…