Private Property Rights. Drone Law Requires Local Control Be Included. 5 Bits informed:intel.

Federal drone legislation seeks to provide this broad framework:

  •  secretary of transportation would develop “civil unmanned aircraft policy framework”
  • harmonize time, place and manner from drone use

In addition to broad federal framework, it requires flexibility for local ordinances concerning:

  • more control over protecting residents’ privacy & property rights
  • create low-altitude speed limits
  • establish local no-drone zones

Drone Innovation Act | Rep. Jason Lewis (R-MN)

Morning Consult…

Lege TREND. State Constitution Limits Eminent Domain Against Businesses.

State: Louisiana

The eminent domain issue: A private dock entity, Violet Dock Port, had been operating in St. Bernardship parish. The Port Authority wanted to acquire its private competitor. Violet and the Port couldn’t agree on a price, so the Port Authority used eminent domain & began operating the Dock Port.

The Louisiana Constitution says: “no business enterprise or any of its assets shall be taken for the purpose of operating that enterprise or halting competition with a government…

Lege Trend. What happens when counties have input into infrastructure projects that use eminent domain?

In Missouri, the Missouri Supreme Court upheld an appellate ruling that effectively stopped a transmission line plan.

How could the court do this?  In Missouri to build a transmission line, the state agency must have input from the counties. Why? Because state law says counties must determine whether a proposed project meets engineering & safety guidelines.

6 of the 8 counties said no to the transmission project. The project backers had asked the MO Supreme Court to not require the county…

US Supreme Court Authors 2017 Kelo Say Property Rights Supporters. 3 Key Points about Murr v. Wisconsin

The U.S. Supreme Court sided with Wisconsin in a property rights case last week. Property irghts activists are hanging their hats on the liberal majority in this opinion.

Murr’s property right sissue isn’t as clear cut as Kelo’s- should the house be taken. Murr owned multiple parcels of land and wanted to sell one parcel to build a cabin.

Standing in the way of the Murr’s cabin dream is a Wisconsin law that barred the sale because conservation rules treat the two lots as a single property…

Legal Trend. Private Property Rights vs. First Amendment to Murals vs. City Ordinances

City: Atlanta

Ordinance: 1982 Ordinance required:

  • registration of public art
  • approvals by multiple layers of city government  for public art
  • defined public art as  any artwork “able to be viewed from a public way.”

Court: City agreed to stop enforcement of a 1982 ordinance and pay $500 in restitution to the property owner and the mural artist. Attorney fees and costs are still being negotiated.

Atlanta Daily Report | City Agrees to Halt Enforcement of Ordinance That Threatened Artwork

Lege TREND. 2 Ways Belton TX Would Be Impacted by Annexation Bill + 1 End Run Around Annexation.

Belton, Texas City Manager says an annexation bull like 85R’s SB 715 would:

  • end annexation
  • if voluntary annexation were permitted it would:
    • allow the city & the proposed annexation area to vote
    • the carrot would be city utilitiies & services while the stick would be city taxes

Belton has used development agreements as a stop gap to halt annexation. 

Temple Daily Telegram | Belton may be impacted by special session annexation bill

Legal TREND. Hurricane destructions leads to Eminent Domain. Homeowners head to Court Against Beach Rebuilding.

After Hurricane Sandy, New Jersey Governor Chris Christie signed an executive order permitting eminent domain to rebuild New Jersey’s lost shore line.

The New Jersey Department of Environmental Protection bought easements with the backing of eminent domain to rebuild the shore.

Who is suing the State of New Jersey?

  • Property owners claiming that the state did not good faith to negotiate fair value prices for their homes
  • Several towns also sued the state, claiming existing bulkheads and rock…

Private Property Rights. Mile High Governor Signs Most Comprehensive Asset Forfeiture Transparency law. Big Stick for Local Law Enforcement Included, Carrot not Included

Institute for Justice, private property legal advocates of Kelo fame, say Colorado’s HB 17-1313, is the nation’s most comprehensive asset forfetiture reform.

HB 17-1313 will:

  • Require biannual reporting of the type of property seized, place of the seizure (e.g. which direction on a highway), if any criminal charges were filed in relation to the seizure, if the forfeiture was contested, and the final disposition of the property;
  • Require agencies to report their forfeiture expenditures in…