Category Archives: inverse condemnation

Ride Share Laws = Inverse Condemnation on Taxi Licenses?

Arguments FOR ride share laws being the unlawful taking of taxi licenses without just compensation:

  • There is a property value in a taxi license/token
  • Even if there is a property right, is the value in operating the taxi free of others operating similar services?

Courts in FL and IL have said yes there is a property right, but it doesnt grant exclusive rights that would be compensated under the takings clause.

Owners Counsel | Lawprof: “Does Legalizing Uber and Lyft ‘Take’ The Property Of…

Lege TREND. Requiring Landowner Compensation for Local Ordinances. State Declared Inverse Condemnation.

Where: Pennsylvania

The Legislation: HB 827 (2019 | PA)

What would it do? Require the Delaware River Basin Commission to compensate landowners for economic losses stemming from a ban on natural gas fracking

KYW | Pa. House debates bill to require compensation if DRBC bans fracking

Lege TREND. Oil & Gas Underground Storage. No Land Owner Compensation.

North Dakota’s SB2344 (2019 | ND) would not permit compensation to landowners for salt water, natural gas,  or CO2 recovery storage for the land owner.

KXNET | Landowners Group: Bill would take land rights away

 

Legal TREND. Are Maps and Signs to a Park a Taking if people cross private property?

The City of St. Pete Beach built a new park.

The City then made maps, websites,  physical signs, that suggested to the public that they were free to cross that private property to get to the beach.

The private property owners sued.

These actions- signs, maps and websites suggesting to cross private property are a taking tantamount to eminent domain.

 Chmielewski v. City of St. Pete Beach, 890 F.3d 942 (11thCir. 2018).

Refreshing our Recollection | READ THE BILL | Compensation for Local Government Ordinances that Affect Property Value

 

 

 

Michigan Legislature is considering HB4070 (2017-2018 | MI) which addresses land owner compensation in 3 ways:

  • Attorney Fees and Costs when a court determines a taking occurred
  • State Attorney General creates a list of governmental actions that results in a taking occurring
  • Can apply to rules, permits, applications and other governmental actions

Mackinac Center | House Bill 4070, Revise government eminent domain takings: Passed 76 to 31 in the House on March 28, 2017

 

 

TREND. Reform Eminent Domain. Save the Economy. Editorial.

A Colorado Editorial on propsoition, Amendment 74, calls for passage to save the economy, for these 3 reasons:

  • must do everything to protect property rights, or investors will not trust to invest
  • it will end activists and politicians from atacking property rights
  • no one should lose a private investment without compensation. Amendment 74 fixes this.

The Gazette | EDITORIAL: Pass Amendment 74 and save the economy

REFRESHING OUR RECOLLECTION ON AMENDMENT 74:

4 Reasons Colorado’s Eminent…

4 Reasons Colorado's Eminent Domain Proposition for Land Owners is Not Good.

The Colorado Municipal League opposition to  Initiative 108/amendment 74 is:

  • “taxpayers as a whole will suffer dramatically”
  • “tax dollars may go more toward fighting lengthy lawsuits”
  • municipal services would suffer- police, parks, trash service
  • it will “halt local government”

Post Indepdent Citizen Telegram | Proposed Colorado Amendment 74 ‘reckless and dangerous,’ say muni officials. 

ACTIVIST TREND. Regulatory Takings Reform. 2019. Texas. 4 Legislative Reforms.

  • Zoning should be a regulatory taking
  • Compensation should be triggered by any regulation that reduces propety value by 25%
    • Works in tandem with restoring a property right in property use
  • The Texas Real Private Property Rights Preservation Act should be amended to apply to municipalities
  • Condeming entities should be able to issue “waivers” that run with the property in lieu of financial compensation

 

Texas Public Policy Foundation Legislator’s Guide to the Issues 2019

Lege TREND. Compensation. 3 Ways 1 Bill Benefits Land Owners.

Michigan Legislature is considering HB4070 (2017-2018 | MI) which addresses land owner compensation in 3 ways:

  • Attorney Fees and Costs when a court determines a taking occurred
  • State Attorney General creates a list of governmental actions that results in a taking occurring
  • Can apply to rules, permits, applications and other governmental actions

Mackinac Center | House Bill 4070, Revise government eminent domain takings: Passed 76 to 31 in the House on March 28, 2017 

Eminent Domain + Duty to Maintain Transmission Lines + Wildfires = Rate Increase?

The California Public Utility Commission denied a rate increase for San Diego Gas & Electric Co.’s request to bill ratepayers for a 2007 fire.

How much did San Diego want to pass on to customers?  $379 million in costs

Why was the rate increase denied? A court found SDG&E didn’t properly trim trees near transmission lines

What’s the bargain in California when eminent domain is granted? In exchange for the power of eminnt domain, CA utilities are responsible for paying damages if their…