Anatomy of a Property Rights Group Opposition to Local Land Use. 5 New Preemption Bills + 3 Inverse Condemnation Compensation Standards

Where: La Plata County Colorado

The land use resrictions the La Plata Liberty Coalition Opposes:

  • County regulation of building height
  • County regulation of exterior facade colors
  • County regulations of screening structures and minimizing impacts on views
  • County regulations providing visual breaks to any structures’ facade
  • County regulations to avoid monotonous roof planes

3 County regulation topics that require just compensation:

  • requiring “open vistas”
  • preserving “scenic corridors”
  • “aest…

Activist TREND. Texas Conservative Online Eminent Domain Polling. 58% say No. No. No. More say Never for Private Entities.

online polling for eminent domain purports:

  • 58% oppose eminent domain use
  • 42% are yes and likely yes, but only if….

What qualifiers are offered for yes to eminent domain?

  • never for private projects
  • only for national emergencies
  • only if compensation is drastically above fair market place
  • fair compensation & a benefit for the community

isidewith | Eminent Domain Poll Results for Greg Abbott Voters 

1 Reason Eminent Domain Cases May Move to Federal Court. US Supreme Court Watch.

The U.S. Supreme Court has agreed to hear Knick v. Township of Scott  which could overturn its ruling Williamson County Regional Planning Commission v. Hamilton Bank.

Why does this matter to state legislatures? As ABBA sings—-m oney, money, money.    Compensation standards and awards differ. 

Besides money, why should state and local officials care? Because vocal private property rights activists also want Williamson County overturned. 

 

Reason | Supreme Court Will Hear Important…

Eminent Domain Protests at the Super Bowl. Stadium Sponsor is the Target. Seriously. Who. What. Where.

Who: Opponents to the Dakota Access Pipeline from Iowa + Indigenous Iowans and others from across the Midwest

Why: to protest the four-state pipeline eminent domain

Where: Protesting eminent domain at the Super Bowl in Minneapolis at the US Bank Stadium.  U.S. Bank has a banking relationship with the pipeline company

Des Moines Register  | Iowa environmentalists heading to Super Bowl to protest Dakota Access pipeline

New Private Property Rights. Property Rights in the Internet. 3 Key Points to Issue Coming to State legislatures.

What’s the issue: CATO, and libertarian groups, believe that there are private proeprty rights in the internet 

What’s the rational for private property rights on the internet? the Communications Decency Act Section 230 “helps tech companies act non-neutrally toward user generated content on their platforms”

CATO highlights Texas Senator Ted Cruz’s opposition to finding private property rights on the internet.

CATO Institute | Why Is Sen. Ted Cruz so Opposed to Private Property Rights on the…

Legal Trend. Private Companies with Eminent Domain. Prepare yourself for the 2 new activist arguments.

If a private entity takes on a state function like eminent domain then…Activists in Lousiana, who are suing over the Bayou Bridge, want the energy companies that use eminent domain to be subject to the same rules the state is subject to, like open records laws.

Is a pipeline a public use? According to the activists/landowners a hospital is a public good, while a pipeline is described as:

  • “We’re not talking about something that’s for the public good. The only people that are going to get…

Lege Trend. 3 limits for eminent domain by a private company in this piece of legislation

Nebraska’s LB 1017  (2018) would require:

  • pipelines to prove by preponderance of the evidence that the pipeline is a public use & that just compensation was paid
  • include in the calculation of just compensation the economic benefit to the private company
  • Construction limitations including:
    • $100 Million performance bonds
    • A filed decommissioning plan for piepline removal at the end of the pipeline’s use

Lincoln Journal Star | Bob Krist bill would tighten requirements for pipeline…

Property Rights TREND. Local Ordinance: Prohibits Plants Higher than 10 inches. What?!

Where: New London, CT home to the Kelo v. City of New London of U.S. Supreme Court fame

The ordinance: Section 302.4 of the New London Property Maintenance Code

What garden items are prohibited by Section 302.4?

  • “all grasses, annual plants and vegetation,” that are more than 10 inches high.
  • except for trees, shrubs, and “cultivated flowers and gardens” 

The offending yard:  Has a “maintained” and “contained” bamboo garden for more than 30 years, longer than the ordinance has been in…

Activist TREND. Railed. Residents Against Invasion of Land by Eminent Domain. RAILED.

Residents Against Invasion of Land by Eminent Domain formed to combat a $2.8 Billion freight rail plan. Here’s what you need to know:

  • The Surface Transportation Board rejected the rail plan, according to RAILED due to the projects lack of funding
  • What surprised RAILED the most: that a swath of residents didn’t care about the freight rail, didn’t think the rail would affect them, and had no idea of long term impact on safety

Chicago Tribune | Funding, opposition derail $2B freight rail plan

Activist TREND begets Lege Trend. Power Lines and Eminent Domain.

In 2017, Maryland enacted new eminent domain authority for the building of power lines. 

Recent opposition to a high voltage power line has legislators looking to reign in eminent domain authority for high voltage power lines when porjects are sanctioned by the Maryland Public Service Commission.

The Baltimore Sun | Harford legislators get down to business as 2018 General Assembly session begins