Lege Trend. Oil & Gas Set Backs Lead to Initiative to Compensate Land Owners.

Where:  Colorado

What form is this compensation for private property owners taking? An initiative proposal

Why compensate private property becuse of oil and gas drilling set backs? The Colorado Farm Bureau proposed the initiative because drilling setbacks are causing farmrs to lose out on mineral interst royalties.

The Fence Post | Colorado Farm Bureau proposes initiative to protect private property rights

Local Trend. Activist Trend. Home Based Businesses. Bakers. Musicians…

The city: Nashville

The local enforcement mechanisms against home based businesses in Nashville: Nashville has a “home occupation law” that bans ” home-based businesses means local musicians, hairstylists and other aspiring entrepreneurs face steep fines and potential imprisonment if any customers physically come to their homes to do business.”

The Institute for Justice lawsuit hook:  Nashville is preventing in home music recording studios. Music City is opposed to music. 

The property…

Anatomy of a pro-eminent domain campaign. Inside the Mind of a Pipeline Campaign in the East. 3 Messaging Takeaways.

The pipeline location:  Virginia

The pipeline campaign background on messaging tactics on eminent domain:

  • eminent domain is “the fight to come”
  • politicians have  “no electoral reward for political courage.”
  • must work harder after the election of President Trump as the opposition is more aggressive

What was the pipeline response when the campaign materials were inadvertently placed on its website:

  •  it is how it must conduct business at a time when everything is politicized
  • The…

Ordinance TREND + Legal TREND. Require Voter Approval for Eminent Domain.

The City: Littleton, CO & Wheat Ridge, CO

The voter approval requirement: To access urban renewal tools like tax increment financing or eminent domain require urban renewal

What did a district court in Colorado do with Wheat Ridge’s Ordinance?  The Wheat Ridge ordinance, related to mandating that any tax-increment financing package over $2.5 million first get the consent of voters, is pre-empted by Colorado’s supremacy on the issue.

What’s the city’s argument: voter approval will cost time…

Eminent Domain for Pipelines & Energy Projects : Bringing the Right & The Left Together

How is eminent domain bringing together “gun toting conservatives” & “liberal envrionmentalists”? Eminent Domain use for pipelines

Tell me where this is happening…? In Virgina & North Carolina with opposition to the Atlantic Coast Pipeline, which is set to bring natural gas from West Virginia, Pennsylvania, and Ohio to electric power plants in Virginia and North Carolina

(it also happened in Keystone XL)

Duke University  | The Chronicle | They’ll be singing Kumbaya

 

3 Critiques of Texas Eminent Domain Notice Procedure from East Texas. Pipelines, Transmission Lines, & Cities Included.

An attorney colum in the Huntsville Item raises these concerns about the notice procedures for eminent domain in Texas:

  • The party pursuing eminent domain could have their lawsuit filed
  • A pre-selected  a group of hand picked special commissioners, whose duty it is to determine a value for the property
  • And the property owner could have no idea that eminent domain is progressing.

The column points to condeming entities bewing pipelines, transmission lines or local governments.

Huntsville Item…

Lege & Legal Trend. Protecting Private Property Rights From Activists. 4 Bits Informed Intel.

What is a data trespass law? While it sounds like data security, these laws create a crime against physically entering land to acquire data like pollution or animal cruetly.

Are data trespass laws constititional? Maybe not. A Federal Appeals court has found a Wyoming law likely violates the 1st Amendment.

Who is for these laws? Land owners, members of the Farm Bureau

Who is against these laws? People for the Ethical Treatment of Animals, Center for Food Safety, National Press Photographers…

Trending Private Property Rights Issue. Confederate Flags and Monuments on Private Land in the Deep South.

In Jasper Alabama, the mayor and police chief are checking on available options when a black man asked city council if there is anything they can do.

The solutions: The Mayor is going to talk to the homeowner and the police chief is going to check to see if the federal government can do anything.

Issues that got thrown around in the mix- it looks bad (blight?), citizens don’t like the flag, and what about property enjoyment of neighbors?

This is legislation waiting to be written. Flag…

Constitutional Showdown. Court to decide whether eminent domain or freedom of religion trumps

A group of nuns in Pennsylvania own land that the Atlantic Sunrise Pipeline would like to occupy.

The nuns have taken the unusual step of suing the federal government claiming that the interstate natural gas pipeline violates their rights under the Religious Freedom Restoration Act.

Its a show down between the 5th Amendment (private property rights home) and the 1st amendment (protection of freedom of religious exercise).

 

Judge Awards Atlantic Sunrise Pipeline Builder Rights to Seize Last…