Author Archives: admin

Property Rights. Mobile Homes.

A Utah based company purchased multiple mobile home parks in Iowa, which is spuring this legislative idea in Iowa:

  •  require 180 days’ notice of rent increases for mobile homes
  • give Iowa’s attorney general more authority to investigate complaints about mobile home park abuses
  •  “good cause” for any evictions fro mobile home parks

Iowa Public Radio | Lawmakers Seek New Protections For Iowa Mobile Home Park Residents

TREND. 3 Reasons Supporting Banning Eminent Domain by Private Entities (Transmission Lines)

Who is saying this? Columbia Missourian Editorial Board & Kansas City Star Editorial Board

What reasons do they give to support the legislation that denies eminent domain to private transmission line entities?

  • companies “should negotiate fair agreements with property owners”
  • comapnies should not use the “threat of condemnation to browbeat property owners into accepting low-cost deals.”
  • eminent domain is for governments and should be used sparingly

MISSOURIAN | EDITORIAL: Lawmakers are right…

Legal TREND. Land Use. Billboards as Campaign Contributions?

Newly filed lawsuit:  Tony Buzbee vs. Sylvester Turner and Clear Channel Outdoor

Why? billboards concerning AlertHouston feature Mayor Turner

Why the campaign contribution argument? According to the attorney, Clear Channel needs the mayor’s help to amend a billboard ordinance. That led to a conspiracy for billboards across the city with Turner’s picture.

Want to read more? The suit was filed April 17 in Harris County District Court, case No. 2019-27094.

Courthouse News | Buzbee files $5M…

Lege TREND. Eminent Domain Comes with Higher Legal Liability for Using it

Recall all the headlines about California utilities going bankrupt because of liability for the wildfires? The liability is high because the utilities have strict liability

So legal mumbo jumbo, strict liability, aside the California utilities have strict liability because they have the power of eminent domain. 

Why the strict liability tied to eminent domain? The policy idea is that if the companies have the  power to take a person’s land they should be liable for the harm that is caused…

Local TREND. Short Term Rental Rules. Mile High City.

  • More City Power to Pull Licenses. Denver could revoke, sanction or deny a short-term rental license or application if it negatively affects the public health, safety or welfare of a neighborhood.
  • Primary Residences Only. Short Term Rental Rules apply only to primary residences
  • Property Owner requirements:
    • ​minimum of $1 million worth of liability insurance
    • required notification to their insurer that they’re using their property as a short-term rental
    • required to inform HOAs

Colorado…

+1 State to Cut Eminent Domain for Utilities. No eminent domain for private gain.

Maine LD 271 (2019 | ME) would:

  • tie the use of eminent domain to only projects that offer relaible service
  • what does this mean? there must be a direct benefit to Mainers
  • if eminent domain increases profits, that cannot justify the eminent domain

Penobscot Bay Pilot | Sen. Miramant introduces bill to restrict use of eminent domain by utility companies

Property Rights. Lege TREND. Amending Right to Farm Laws.

LBB 227 (2019 | NE) amends Nebraska’s Right to Farm provisions to fend of nuisance lawsuits brought against farmers.

But, there’s a hitch: there’s a hesitancy to grant immunity from liability to farmers…in Nebraska. What else does one do in Nebraska?

Is there a constitutional issue? Yes, closing the doors to courthouses for nuisances is likely unconstitutional accorind got law professors in Nebraska

Omaha World Herald | Proposed expansion of Nebraska’s Right to Farm Act runs into…