Property Rights TREND. Chronic Wasting Disease Rules. 4 Key Points. Apple Blossom State.

Michigan’s new hunting rules to combat chronic wasting disease include:

  • Reduce Antler Requirement. In the 16-county CWD Management Zone, reduced the 4 pt. on a side requirement to at least 1 3 inch antler
  • Private Land license. Created a discounted antlerless license in the CWD Management Zone on private land
    • limited to 10 per hunter
  • Ban urine based lures. Statewide ban on the use of all natural cervid urine-based lures and attractants
  • Ban baiting & feeding in Management Zone. Immediate…

Lege TREND. Trespass Law Protects Property Owners. Endangers Hunters & Fishermen and women

Idaho passed a trespass law H0658 (2018 | ID)  that ended a requirement that large tracks of land in the backcountry post no tresspass signs before a person can be charged with trespassing.

Law enforcement and its coalitionsays the new tresspass law endangers hunter and fishers by:

  • allows for criminal charges when a person has no knowledge of the trespass 
  • innocent people will be charged with crimes
  • the law is so vauge collecting a frisbee on land could be a crime

3 Opposition Talking Points. Land Use. Ballot Proposition Backed by Farmers + Oil & Gas

Which state has this ballot proposition? Colorado Inititative 108 (2018)

What groups are backing the initiative? Colorado Farm Bureau & Oil and Gas Industry

What does the ballot proposition do? Switches compensation calculation to a fair market value standard

The opposition: Cities, Counties

Opposition Says the proposition will:

  •  spawn countless lawsuits
  • it will tie the hands of local governments and prevent any zoning or ordinances
  • we don’t know the unintended consequences

The Gazette…

Land Owners Oppose Reservoir. Legislators Deny Eminent Domain for Reservoir.

The anatomy of reservoir building in Florida:

The reservoir project: a massive 60,000-acre shallow reservoir to stop dirty water in Lake Okeechobee from polluting the coasts and revive South Florida’s wilting marshes

The opposition: Sugar farmers who refused to sell

The legislative action: Deny the use of eminent domain to complete the reservoir

Miami Herald | Vast reservoir is key to state Everglades plan. Federal concerns could derail it.  

 

Lege TREND. Writing Law to Make Open Space Eminent Domain HARDER. Protect the Parks. Protect the Greenspace. Protect the Skunks.

State: Pennsylvania 

Legislation: HB 2468 (2018 | PA)

How does HB 2468 (2018 | PA) make it harder to use eminent domain on open space?

  • requires any government agency to obtain Orphans’ Court approval
  • PRIOR TO using eminent domain to take permanently preserved land
  • CONVINCE the court that  there are no alternatives for the project

Author’s Press Release on HB 2568 (2018 | PA) 

Main Line Times | Kampf proposes law to make use of eminent domain on open space land more difficult

Compensation for Laws & Regulations That Reduce Property Value. Anatomy of a Constitutional Amendment:

Colorado Farm Bureau is proposing Initiative 108 that will amend the Colorado Constitution to:

  • “ensure property owners are properly compensated if new laws or regulations negatively impact the value of their property”

What is the catalyst? tightening of setbacks on oil and gas development from fracking proliferation

How does the tightening of oil and gas setbacks impact farmers?  Setbacks essentially eliminate oil and natural gas development & farmers rely on royalty checks

Journal Advocate…

City Council Protects Farm Land from Eminent Domain by Designation. What you Need to Know:

Where: Farmington, Utah

How did the city council in Farmington Utah protect a 6th generation farm? By designating the farm an Agricultural Protection Area

What protections does an Agricultural Protection Area offer? 

  • Protection from zoning changes for 20 years
  • fortifies protections against eminent domain, but doesn’t 100% insulate the famr from eminent domain
  • safeguards the property against nuisance lawsuits related to farm noises and smells

can the designation be renewed?  Yes. 

Why is…

Lege Trend. Wildlife Bill Allows for Local Government Pest Control. Veto Statement Includes Protecting Private Property Rights.

Background: Nebraksa legislature passed a bill that would repeal a county’s ability to eradicate black-tailed prairie dogs on private property

Supporters of the Bill Call for Private Proeprty Rights: Repealing a county’s aility to eradicate the black-tailed prairie dog on private property is important because this law “infringes on property rights and harms native animals.”

The Veto is supported by this pro-private property rights statement: “fails to protect individual property rights from…

Texas Attorney General Opinion. Private Property Rights.

Texas Attorney General Opinion Request: RQ-0219-KP

Requestor: Lyle Larson

Question the Attorney General Office is to answer:  Does Chapter 75, Title 4 ofthe Civil Practice and Remedies Code apply to private property owners on whose property agro-tourism related private aircraft lands?