Welcome to the Future!
Where: Augusta County, VA
The proposal: County Board of Supervisors voted against a solar farm
What property rights are at issue?
New Virginian | Augusta County supervisors nix solar farm on 4-3 vote
Arguments FOR ride share laws being the unlawful taking of taxi licenses without just compensation:
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…
Michigan use to allow local governments to assemble land, with eminent domain powers, for economic development deals. Not so after Kelo and it hurt Detroit’s ability to make a deal with Jeep.
With eminent domain, acquiring land would be:
Detroit Free Press | Limits on Detroit’s use of eminent domain made Jeep deal much harder to do
Where: Raleigh, NC
What is Raleigh up to?
WRAL | Raleigh to limit number of guests, rooms Airbnb hosts can have
Where: New Jersey
The legislation: S3158 (2019 | NJ)
What’s the legisltor wanting to do with this? The taxses on short term rentals should hit the companies, like AirBnB, not the individual landowners
So, if a homeowner didn’t use a pltform to rent their home, then there is no tax.
What do I need to know: The US Supreme Court is considering a case concerning a Pennsylvania pipeline built by Transcontinental Gas Pipe Line Company (Transco) and landowners Gary and Michelle Erb
Why is this like Kelo? Its another case brought by the Institute for Justice on behalf of a landowner
Where: Pennsylvania
The Legislation: HB 827 (2019 | PA)
What would it do? Require the Delaware River Basin Commission to compensate landowners for economic losses stemming from a ban on natural gas fracking
KYW | Pa. House debates bill to require compensation if DRBC bans fracking
Wisconsin State Journal | Mark Borchardt: Republicans are inconsistent on eminent domain
What is an airspace easement? an easement taken by an airport
What did this use of eminent domain give the airport? Access to the land beneath the airspace to trim trees
What legtislative issue emerged in the legal fight? The statute that provides for the Department of Transportation to take land for an airport but does not provide for the taking of land for an aviation easement (the easement for the air space above the land)
San Antonio Express News Editorial, Eminent domain law reform needed, says these are the reasons texas needs eminent domain reform: