Welcome to the Future!
The distance requirement at issue: Prohibiting sex offenders from living within 1000 feet from a school
What did the Georgia Supreme Court say? If a child care center opens near a registered sex offenders residence, yes it is a taking.
Mann v. Georgia Department of Corrections,653 S.E.2d 740 (Ga. 2007)
Court: Wisconsin Supreme Court
Question: If a city builds a bridge that blocks the view of a billboard, is that a taking of private property that merits compensation?
The Court: No compensation for a bridge that blocks a billboard
The billboard company argument: the business has been deprived of “all economically beneficial use”
Why is this not a compensable taking? the right to visibility of private property from a public road “is not a cognizable right giving rise to a protected…
Where: La Plata County Colorado
The land use resrictions the La Plata Liberty Coalition Opposes:
3 County regulation topics that require just compensation:
Colorado’s proposed HB-18 1122, 1123, and 1194 are said to be bad for private proeprty rights because the bills would:
Journal Advocate | Letter: Bills threaten landowners’ privacy
What’s happening? Refreshing our recollection- a billionaire beach front property owner near San Francisco is now required by law and state court rulings to open his private beach to surfers.
What are these surfers facing with the US Supreme Court? If the Court takes the case, the issue will be whether government can command that parties open their private property to the public without compensation.
SF Gate | Martins Beach billionaire owner takes fight over public access to US Supreme Court
Ohio lawyers are proposing an enforcement mechanism for bad eminent domain actors.
Why does OH need enforcement for coercive eminent domain? The law has no enforcement mechanism for the prohibition against coercive acts.
What’s the propsed enforcement for bad actors?
The Wisconsin Legislature rejected the U.S. Supreme Court ruling in Murr v. Wisconsin that permitted regulation on adjacent properties that limited the ability to sell the property.
In response to the June ruling, the Wisconsin Legislature in November passed Assembly Bill 479.
The goal of the bill: to make sure the regulatory schemes that exist when land woners buy property continue to exist.
The bill is meant to “make sure that when people buy property, and they have expectations related…
In an op-ed focusing on the willfull flooding of homes by the Army Corps of Engineers, Texas Seantor Joan Huffman makes these points about just compensation:
Houston Chronicle | Huffman: Homeowners deserve ‘just compensation’
What is this post-Harvey lawsuit about? The Harris County Flood Control District’s and City of Houston’s handling of “controlled release” of water from the county’s Addicks and Barker reservoirs on August 28, 2017
Who are the plaintiffs/class of plaintiffs? Residential property owners and commercial property owners
What’s the taking of land that is involved? The flooding led to a taking of properties by flooding.
What damages does the suit seek?
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…