Compensation. Landowner Expenses Before Compensation is Paid. Tales from High Speed Rail.

What’s happening? California is building a state backed high speed rail line Have farmers whose land has been acquired by eminent domain for California’s high speed rail been paid? No. Have these farmers paid out of pocket expenses to reroute their farm infrastructure because of the high speed rail? Yes. What story do I need […]

Land USE Legislative TREND. 3 Benefits of Agriculture and forestal districts.

Virginia employs Agriculture and forestal districts that give landowners these benefits when they commit their property to the districts: relaxed nuisance ordinances extra review of eminent domain disputes tax rate protection restrictions on the land that prevent almost all development except a fair house Northern Virginia Daily | Panel wrestles with loss of land, state […]

Property Rights. Communal Cleaning of Abandoned Property.

Where: Missouri What:   the “Good Neighbor Bill.” How does the Good Neighbor Bill work?  allow neighbors/neighborhood associations to clean up abandoned properties by picking up trash, mowing lawns and fixing windows without any legal ramifications KCTV | Missouri bill would allow neighbors to clean up outside of abandoned houses

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…

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

Ride Share Laws = Inverse Condemnation on Taxi Licenses?

Arguments FOR ride share laws being the unlawful taking of taxi licenses without just compensation:

  • There is a property value in a taxi license/token
  • Even if there is a property right, is the value in operating the taxi free of others operating similar services?

Courts in FL and IL have said yes there is a property right, but it doesnt grant exclusive rights that would be compensated under the takings clause.

Owners Counsel | Lawprof: “Does Legalizing Uber and Lyft ‘Take’ The Property Of…