admin – Page 52 – InfoHive

3 Reasons for No Eminent Domain for Private Gain from a Paper Dating to 1896.

The Wilson Times (Wilson, N.C.) likens eminent domain by a private corporation to trying to buy heirloom tomatoes at a grocer by tossing some coins on the floor.

The Wilson Times sets out these 3 reasons opposing eminenbt domain by private companies:

When land men tell land owners that courts will rule in the corporation’s favor, that is an unauthorized practice of law by offering a legal opinion;
Companies reap profits forver from eminent domain while landowners have a lifetime of…

3 Points from a Texas Editorial. Trees & Property Rights. East Texas Says Follow the Houston Model.

A Tyler Morning Telegraph editorial supports:

The “Save or Trees” advocates neglect that tree ordinances are about “Save our Property Rights”
Senate Donna Campbell has it right- tree ordinances that control how property owners use their land is tantamount to a taking of property
Follow the Houston model and convert city owned lands to green spaces to prserve trees

Tyler Morning Telegraph | Editorial: We can protect trees and property rights at the same time

Pre-condemnation Access. Court Rules to Limit. State Moves to Change Laws to Mirror Ruling.

California Supreme Court limits the right to precondemantion access in that:

any claims arising thereof require can trigger a jury for compensation determinations &
that precondemnation access and inspection can, in and of itself, be a taking that is compendsable

To make the California Supreme Court ruling align with California Statutes, the California Law Revision Commission is recommending changes to the request code sections that will clarify the jury requirement for compensation.

Why…

Private Property Rights. Tree Regulations make the 2017 Veto List.

Vetoed: SB 744 By Kolkhorst Relating to a tree planting credit to offset tree mitigation fees imposed by a municipality.

The Veto Statement Highlights:

Cities dictating trees is a “assault on provate property rights”
A compromise bill, like SB 744, cannot only offer ” a very minor restriction on some municipal tree ordinances”
state law shall not support “municipal micromanagement of private property”
” we can do better for private property owners in the upcoming special session”

SB 744…

Local Trend. Agreements in Lieu of Annexation.

The local government: Decatur

The 5 year agreement in lieu of annexation would require:

City forgoes its right to annex the property
Property owner agrees that the use on the property will be the current use
Any other use of the property will be governed by the city’s rules and regulations with regards to development

Wise County Messenger | Agreements could delay some annexation

Lege TREND. Civil Asset Forfeiture. 3 Points from Colorado's newly Enacted Legislation.

Policy Goal: “Government should never keep assets seized from innocent people,”

The bill: Colorado House Bill 1313

What Colorado’s House Bill 1313 does:

uniform, biennial, and detailed reporting on property seizures by law enforcement
reported information must be available to the public online in a searchable format
limits receipts of seized proeprty from joint investigations with federal agencies

The Governor directed law enforcement funding to offset revenue lost from stricter civil…

Legal Trend. Property Rights in Hunting Rights & Fishing Rights vs. pipeline environmental impact.

A judge in the District of Columbia ordered more environmental review of the Dakota Pipeline, including the impact a spill would have on hunting and fishing rights.

The specific hunting and fishing rights relate to rights reserved by the Standinf Rock Souix tribe on Lake Oahe.

Governing | Tribune News Service | After Oil Starts Flowing, Judge Orders More Environmental Review for Dakota Pipeline

Legal Trend. If Land is Tribal. No Eminent Domain.

A court in the 10th Circuit has found that if a Native American Tribe has any interest in land, that land cannot be taken by eminent domain for any project, including a utility.

Public Serv. Co. of N.M. v. Barboan, 2017 U.S. App. LEXIS 9204 (10th Cir. 2017).

Harvard University | Property Law Developments | States may not take tribal land by eminent domain

Refreshing Recollection. 3 Points from TPPF on the Annexation Bill Filibuster.

TPPF Statement on the filibuster of Texas’ SB 715, the annexation bill:

annexation is not going away
Texans are “outraged”
Texans demand the right to vote on annexation