City Buys Land. City Using Eminent Domain for Billboard on Same Land. Billboard relocation laws? Yes, see the proposal.

The City: Sandy Springs, GA

How does this work in Georgia, where there is a separate eminent domain for the billboard? Georgia’s laws allow for billboard relocatation somewhere within 250 feet in lieu of an eminent domain reimbursement, if the city has a billboard relocation ordinance. 

What has the city offered?  A city ordinance that allows for billboard relocation if:

  • eminent domain is used or there is a threat of eminent domain
  • relocation within 250 feet, with up to 3 alternative…

Anatomy of a Business Response to a City Eminent Domain For Easy Access to a Entertainment District

The City: Oklahoma City, OK

The Entertainment Distict: Bricktown

The city’s goal with the property acquisition: make it easier for people to get into Bricktown

The land the city needs to get to this goal of easy access: A U-Haul Parking Lot

Is UHaul agreeable:  Yes to the project. No to the city offered compensation.

What was the business response: An open letter to the City that makes these points:

  •  The city is asking us to rebuild and eat $4 Million in the cost of new permits and…

Lege Trend. Eminent Domain by Donation. Read the Bill.

A billionaire in California bought property on Martin’s Beach. Martin’s is a popular surfing spot. The billionaire cut off public access to the beach.

Round and round went lawyers, state commissions on land use, and then came California’s Senate Bill 42 that allows California to use eminent domain to guarantee public access for the surfers and beach goers.

But, how is California going to pay for this public access its acquiring from the billionaire? Via donation.

Senate Bill 42 allows the…

Legal TREND. State Supreme Court. Restrictive Covenants Can Trigger Takings.

Kansas Supreme Court ruled in late July 2017 that a violation of a restrictive covenant by an entity with the power of eminent domain is a taking requiring compensation requiring just compensation.

Thats a lot of legal words, what does it mean? In this Kansas case it means that Kansas DOT acquired land that was restricted to single family homes via restricted covenant. When KSDOT builds a bridge or roadway on that land it creates a compensable damage to the subdivision that created the…

3 Reasons TPPF Supports Tree Ordinance Bills: (1) Abba (2) Espresso (3) Lunch.

TPPF position is that tree ordinances are:

  • Money, Money, Money. Condemnations that require just compensation (see the A.G. Opinion) & they impact the investment and economic opportunities of land owners.
  • Espresso sipping elitism. the arguments cities made to the A.G. when he reviewed the matter were supported by an east coast liberal law professor
  • Free Lunch. Can’t let cities get away with getting trees for free. Tree ordinances allow cities to get conservation easements for free. 

TPPF…

Property Rights Reform Brewing in Wisconsin after US Supreme Court Ruling.

Wisconsin legislators are working to bolster the state’s Landowner Bill of Rights by:

  • Grandfathering substandard lots to prevent a Murr v. Wis. like ruking again
  • Prohibit the deemed merger of land
  • Ensure property owners can repair and maintain existing structures
  • Allow property owners to utilize inverse condemnation

The goals of the bill are prevent another Murr situation by ensuring that:

  • people in situations such as the Murrs’ can sell or develop land adjacent to land that they already…

Lege TREND. State Constitution Limits Eminent Domain Against Businesses.

State: Louisiana

The eminent domain issue: A private dock entity, Violet Dock Port, had been operating in St. Bernardship parish. The Port Authority wanted to acquire its private competitor. Violet and the Port couldn’t agree on a price, so the Port Authority used eminent domain & began operating the Dock Port.

The Louisiana Constitution says: “no business enterprise or any of its assets shall be taken for the purpose of operating that enterprise or halting competition with a government…

Pre-condemnation Access. Court Rules to Limit. State Moves to Change Laws to Mirror Ruling.

California Supreme Court limits the right to precondemantion access in that:

  • any claims arising thereof require can trigger a jury for compensation determinations &
  • that precondemnation access and inspection can, in and of itself, be a taking that is compendsable

 

To make the California Supreme Court ruling align with California Statutes, the California Law Revision Commission is recommending changes to the request code sections that will clarify the jury requirement for compensation.

Why…

LEGAL TREND. Flipping Right of Way Property. Eminent Domain Compensation. What you Need to Know from Dallas.

The alleged crimes: “fraud by getting inside information from the Texas Department of Transportation to buy cheap land alongside Interstate 35E and then flip it to the state at inflated prices”

How was the land value increased? land underdevelopment was considered to be a higher value 

The “profit” generated by these sales to TXDOT? $12.6Million

Dallas Morning News | Second Dallas investor to admit to scheme using inside TxDOT info to flip highway land for profit