Category Archives: agriculture

Lege TREND. Property Rights to Edible Front Gardens.

Florida’s SB 82 (2019 | FL) would prohibit local governments from banning front yard edible gardens. 

“Freedom is at stake,” Bradley, the Senate budget chair said.

Why does this matter? Miami Shores that banned vegtable gardens. Its now in the courts.

Tampa Bay Times | Right to grow front-yard veggies gets green light for Senate floor

Eminent Domain to Protect Wildlife from Cars. Amend an Eminent Domain Bill When in Doubt.

New Mexico Legislature wants their Transportation Agency and Wildlife Agency to talk to each other to develop a transportation plan to protect wildlife from vehicles. 

Most likely solution? Wildlife underpasses

Why? Wildlife and motor vehicle accidents carry a $20 million per year cost to the state 

Legislatively how did this come about? An amendment to an eminent domain bill.

KOB 4 | New Mexico wants to protect cars and animals from each other 

Texas Polling. Eminent Domain Reform. What do I need to Know?

The Texas Farm Bureau poll on eminent domain reform support found:

  • 89% support financial penalties for low offers
  • 80% favor ” bad faith” penalties when offers are less than 1/2 of a property’s value
  • Party identity produced similar results
  •  ” broad consensus” that the process is often unfair

CenTexProud |  Survey: support for eminent domain reform

 

Property Rights. New Study. Value to State of Conservation Easements.

The new study: Texas Land Trends report “Conservation Easements in Texas

The value of conservation easements in Texas:

  • bolster the $23 billion in cash receipts for agriculture
  • contribute over $100 billion annually to the food and fiber sector
  • provide over $63.1 million in agricultural commodities annually
  • potential to capture over 980,000 acre-feet of water annually, representing a $207 million water replacement cost savings per year
  • wildlife management increased by over 5.6 million acres…

Lege TREND. Color Coding Private Property Access for Hunting

North Dakota is considering SB2315 (ND | 2019)   which seeks to peotect private property by creating a color coded system for access by hunters.

All property, including private property, is considered green an open for hunting.

Property Owners can post red signs to prohibit access by hunters.

Bismark Tribune | North Dakota private land bill seeks compromise with proposed database for hunting access

AgWeek | ND Senate passes revised trespassing bill

Private Property Rights. Drone Prohibition Over Rural Private Property Reform. Read the Bill + 5 Exceptions.

SB 304 (OK | 2019). would prohibit drones over rural lands by:

  • prohibiting drones flying lower than 400 feet over rural private property

5 enumerated exceptions for drones operated by:

  • state or federal government
  • law enforcement
  • utilities 
  • oil and gas companies
  • a commercial operation authorized by the Federal Aviation Administration

Landowners could provide access to universities operating weather drones.

Talequah Daily Press | Bill would limit drones

 Tulsa Public Radio | Measure Aims…

Bill Ends Annexation of Agricultural Land

Forced annexation of agricultural land would end under House Bill 25 (ID | 2019)

This bill will:

  • Prohibit annexation of 5 acres
  • Unless the owner gives written permission
  • Clarifies that it applies “regardless of whether it is surrounded or bounded on all sides by lands within a city.”

Post Register | New bill would stop ‘forced’ ag land annexations

Legal TREND. US Supreme Court. Endangered Species. Property Rights Win.

A US Supreme Court decision this month in Weyerhaeuser vs. the US Fish and Wildlife Service held that:

  • if a regulation declares a protected species
  • to protect the land, it also has to be shown that the land is a habitat for that species

CBN News | US Supreme Court Upholds Landowners Property Rights Against Gov’t Overreach 

Private Property Rights TREND. 20th State Adds Right to Hunt & Fish to State Constitution,

Voters approved the constitutional change in North Carolina to add a right to hunt and fish to the state constitution.

Enabling legislation: SB 677 (2018 | NC)

Article I of the North Carolina Constitution will be amended by adding: “Sec. 38. Right to hunt, fish, and harvest wildlife.The right of the people to hunt, fish, and harvest wildlife is a valued part of the State’s heritage and shall be forever preserved for the public good. The people have a right, including the right to use…

Lege TREND + Legal TREND. Gov. Sues Attorney General over AG Opinion on Conservation Easements.

Where: Montana

What did this Attorney General Opinion say that prompted  a lawsuit by the Governor?

  • state land board is required to vote on all but the smallest conservation easements that state agencies proposed

Why is this a big deal?

  • Impacts a state program supporting Hunting & Fishing
  • Impacts private property rights by limiting use of ranch land

Missoula Current | Bullock sues AG Fox over approval authority for conservation easements