Legal TREND to Watch. US Supreme Court Affirms Eminent Domain Protestor Case

The U.S. Supreme Court agreed to allow the case of an eminent domain protestor, who was arrested at a city council meeting, to proceed.

What is the eminent domain protestor claiming? That he has a 1st amendment right to protest 

 

 

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…

Legal Trend. Private Property Rights vs. First Amendment to Murals vs. City Ordinances

City: Atlanta

Ordinance: 1982 Ordinance required:

  • registration of public art
  • approvals by multiple layers of city government  for public art
  • defined public art as  any artwork “able to be viewed from a public way.”

Court: City agreed to stop enforcement of a 1982 ordinance and pay $500 in restitution to the property owner and the mural artist. Attorney fees and costs are still being negotiated.

Atlanta Daily Report | City Agrees to Halt Enforcement of Ordinance That Threatened Artwork

Billboards. Property Rights. Free Speech Rights. Texas Court of Appeals Opens Doors for Billboards.

Which Court of Appeals? 3rd Court of Appeals in Austin

What did the Court do with the Texas Highway Beautification Act? Struck down key portions of the Act, specifically Subchapters B and C

For those who love statutes: Subchapter B REGULATION OF OUTDOOR ADVERTISING GENERALLY & Subchapter C LICENSE AND PERMIT FOR OUTDOOR ADVERTISING

Why were these subchapters struck? unconstitutional content based restrictions on free speech

Houston Chronicle | Core of Texas highway sign ban…

Landowners Form Pipeline Rebellion; Get Assist From Landowner Owning 3 Newspapers.

This story has it all- united landowners upset by pre-condemnation access by a private company exercising eminent domain for a project that won’t produce a direct public use in some states the pipeline crosses.  As an added bonus, the Georgia Governor is openly opposed. 

Another Southern rebellion is afoot according to the Los Angles Times . Landowners in the South are joining forces to s…

Legal Trend: No Talking About Eminent Domain. Eminent Domain is Fight Club.

The Institute of Justice is asking the US Supreme Court to reveiw a 4th Circuit Court of Appeals case that prohibits banners protesting the use of eminent domain. Why the hush-hush?

  • Central Radio had been in Norfolk for 80 years.
  • Norfolk Redevelopment and Housing Authority wanted its land and buildings for Old Dominion University
  • Central Radio put up a banner on its own property which read ” “50 years on this street/78 years in Norfolk/100 workers/Threatene…