Category Archives: agriculture

Private Property Rights. Attorney General Opinion Raises 1st Amendment Issues with Trespass Bill in the Syringa Flower State.

State: Idaho

Trespass Revision Bill that streamlines criminal, civil and parks & wildlife trespass statutes: HB 658 (2018) 

The Attorney General Opinion: Inquiry on HB 658 | Attorney General Lawrence Wasden & March 2018 Inquiry on HB 658 | Attorney General Lawrence Wasden

The 1st Amendment Issues Raised by the Idaho Attorney General: Whether the bill passes muster with the 9th Circuit’s overturning of Idaho’s Agricultural Gag law

Move over trees and landscaping, welcome state law preemption of fencing ordinances. Read the bill.

State: Wyoming

The bill: WY SF 107 (2018)

How would state law preempt local fence regulations?

  • prohibit any county or town from passing a fence ordinance that violates current WY code

What’s an example of a blocked ordinance under this bill? If an ordinance required wildlife friendly fences, which is an issue in Teton County

Jackson Hole News Guide | Proposed change to fence law is dead

 

5 Big Property Rights & Eminent Domain Cases in Texas. Foreshadowing 2019.

Lege TREND. Conservation Easements In the Blue Columbine State. 2 Reasons Bills are bad for Property Rights

Colorado’s proposed HB-18 1122, 1123, and 1194 are said to be bad for private proeprty rights because the bills would:

  • change conservation easements from private decisions to a government process
  • takes the decision making away from the landowner and gives it to the legislature

Journal Advocate | Letter: Bills threaten landowners’ privacy

 
 

Lege Trend Update. Protecting Property Rights from Trespassers in the West. The Opposition & The Attorney General Opinion.

The sole committee member voting against Idaho’s RS26114 | HB 536 asked for an opinion from the Idaho Attorney General on the constitutionality of increasing trespass penalties.

Did the Idaho Attorney General find the trespass increases constitutional? No

What constitutional issues did the Idaho Attorney General raise? “(The bill), as written, appears to be overly broad as it proscribes a great amount of lawful conduct and runs afoul of First Amendment and Fourteenth Amendment protections”

Ot…

Land as Infrastructure. 3 Points from the Texas Agricultural Land Trust

84% of Texas land base is farm, ranch or timber and Texas legislators and regulators should think of land as infrastructure like:

  • Colorado that dedicates lottery revenue to private land conservation
  • Ohio that allows municipal water utilities  to get lower interest rate on loans for plant upgrades in exchange for funding land protection
  • Better funding of the  Texas Farm & Ranch Lands Conservation Program

Trib Talk |Blair Calvert Fitzsimmons|  Land is the state’s most critical infrastructure

UPDATE. 3 Legislative Fixes to Lege Trend. New Eminent Domain for Animal Poop Pipelines. The bill does what?!

South Dakota Legislature is considering HB 1184 (2018) that will move cow manure through new pipelines.

3 Legislative fixes to secure private proeprty rights have been suggested:

  • Provide for compensation to a landowner for the use of private property based on a royalty system
  • Require a legislative finding that “a private landowner’s property rights may be infringed in order to preserve the general public welfare (not private welfare.)”
  • Require the eminent domain process make a “finding that…

Legal Trend. Private Property Rights Claims in Texas Deer Breeder Rules.

What’s the background?

  • Texas Parks and Wildlife Department promulgated rules to curtail chronic wasting disease
  • Some deer breeders sued to stop the rules.
  • Lower Court upheld the rules
  • An appeal by deer breeders alleges property rights violations

What are the property rights claims in the appeal to the 3rd Court of Appeals? 

  • There is a property interest in deer breeding
  • There is a property interest in Texas Parks and Wildlife licenses
  • The Texas rules refer to deer as “private property”

As…

Private Property Rights. City prohibits Gardening. Bill Adds to State Preemption TREND.

The City Ordinance: Miami Shores, FL prohibits front yard vegetable gardens and places a fine of 450/day for people with productive front yards

The State Preemption: SB 1776

SB 1776 does 3 things:

  • Establishes a state interest in sustainable cultivation of fruits and vegetables
  • Prohibits local regulation of vegetable gardens
  • Existing local regulations are void and unenforceable

Miami Herald | Supreme Court settles food fight, leaves ban on front-yard veggie gardens intact

 

Increasing Trespass Penalties & Fees to Protect Property Rights. Read the Bill from the West.

Idaho is considering RS26114 | HB 536 that will set trespass fees:

  • $50 to $500
  • increased fees for intentional trespass
  • a 3rd offense would be a felony

The bill’s author, a rancher, said of current trespass laws:

  • the laws are a patchwork
  • the orange markings property owners are required to put up every 660 feet are onerous
  • recreational trespass penalties are higher than criminal trespass penalties

  in addition to streamlining penaltiesalso requires:

  • property owners to mark property at…