A House investigation that eminent domain is permitted in 99% of pipeline requests over the last 20 years That every property owner appeal to FERC in the last 12 years was denied Concerns from land owners A desire for open, fair and transparent process by the FERC chair The Hill | Energy commission rule will […]
Author Archives: Tessa Zavala
COVID Legislation. Limit Liability for Meat Packing.
Where: Iowa What: An amendment to an existing medical malpractice bill sets up limited liability for meat packing plants and other employers relating to COVID causes of action. Are there exceptions that permit a COVID lawsuit? if COVID required hospitalization if COVID caused death if the employer intended harm What does the legislation require before immunity applies? […]
COVID + Eminent Domain. Masks on Private Property?
Which eminent domain related issues are percolating on a pipeline project? The lack of PPE with pipeline construction workers What specific issues are being raised by landowners? Construction related workers who are: not wearing masks not wearing gloves not following social distancing rules Clean Technical’s | Oil Pipeline Projects Continue To Burden Landowners During Pandemic — Misuse Of […]
COVID Rules for Short Term Rentals
Where: Colorado What will be required of short term rentals in the new COVID rules? Must provide hand sanitizer Must provide cleaning products Mandatory 24 hour waiting period after a tenant has left to clean following CDC standards Requires any soft objects that are hard to clean, like pillows or extra throw blankets, be removed […]
The Property = Statues. Who pays to remove them?
Monday: Birmingham Alabama removed confederate statues. Tuesday: Alabama Attorney General sues Birmingham for removing the confederate statues. What remedy does the Alabama Attorney General want from Birmingham for the alleged violation of the Alabama Memorial Preservation Act? $25,000 fine Does this sound like deja vu? Yes, a similar statue fight went to the Alabama Supreme […]
Private Property Rights + Mobile Cannabis Sales
Where: Minnesota What: SF 4255 (2020 | MN) would allow property owners to consent to a mobile unit to park on their property to distribute medicinal cannabis How would this mobile distribution center work? require the property owner and cannabis distributor to agree to a specific time & place require a pharmacist to be present […]
Legislative TREND: Compensation for Shutting Down Businesses
The state: North Carolina The legislation: HB 1174 (2020 | NC) What’s the goal? Allow businesses to be compensated when they are closed, partially or completely, by a governor’s executive order. How does the bill get there? Amend the state constitution to define a full or partial business shutdown by governor executive order as an inverse […]
An Auditor & a City’s Eminent Domain Use
The City: Denver The issues raised by the Auditor: Lack of detail in the eminent domain policy Lack of detail in its communication with the Controller’s Office about eminent transactions Auditors believe details would limit the city’s liability Need for a deadline to record an eminent domain acquisition (one was recorded 1 year from the acquisition which […]
Prohibiting Eminent Domain for Transmission Lines: 3 Things Supporters Want
Where: Missouri What project has sparked this ongoing push to prohibit eminent domain for transmission lines? The Grain Belt Line which will move renewable energy through several states, including Missouri What does the Missouri Farm Bureau want? That transmission companies negotiate with landowners for property/easements That the negotiations be for freely negotiated rates Align the […]
COVID Regulatory Response. Universal Acceptance of Out of State Occupational Licenses
How many states universally accept out of state occupational licenses for new residents? 1 Which state? Arizona Are there limitations to Arizona acceptance? Yes. Must be licensed for 1 year No criminal convictions No disciplinary actions Supporters say: Removes obstacles for spouses relocating to Arizona Removes unnecessary burdens on businesses Strict licensing requirements is a […]