Nevada Assembly Bill 408 would require that the Federal Government get state permission to use land within the state’s borders. It would also remove state water rights from the feds. It’s a big deal in a state where more than 80% of the land is federal. The impact to Area 51 is unknown at this time.
10 states are following Nevada’s lead.
Cliven Bundy made a name for himself in a stand off with the federal government over ranch lands in Nevada.
Posted inland use, legal trend, water
A group of landowners, who filed suit against the State of Texas (TCEQ) for forcing them into a ground water district, were vindicated when the Groundwater district voted 5-0 to allow the landowners to live freely outside their groundwater district. The landowners alleged in their law suit that they purchased land because it was not in a groundwater district and that private property rights should prevail.
Posted inland use, legal trend, private property rights, water
HB 1863 by Rep. Paddie woud allow businesses to ask TXDOT for permission to trim or remove trees or vegetation: Scenic Texas opposes the bill. Outdoor Advertising Association of Texas supports the bill. Texans love their private property rights. It’s a toss up who loves Texas private property rights more: Libertarians? Republicans? Ranchers? Cattlemen?Farmers ?Wild Life enthusiasts? This month’s issue of The Cattleman looks at easements for pipelines and power lines. They run through pros and cons, and here they are: Pros of Pipelines and Power Lines Running Through Pastures: New Mexico State Representative Matthew McQueen, D-Galisteo offered legislation to ban the use of eminent domain by private companies operating pipelines that would carry CO2. This unique bill died in committee, but has sparked an activist movement that believes their property will be rezoned and their mortgages cancelled should a pipeline cross their land. Mineral rights owners would be granted clear statutory authority to file suit against local governments when regulations limit use of their property under SB 809 by Van Taylor. SB 809 carves out reasonable regulations that address:
Posted in2015 legislation, inverse condemnation, land use, private property rights
Restricting the use of eminent domain is en vogue. Idaho’s Senate passed a bill to stop cities from using eminent domain to build hiking trails, bike trails, and greenways. Idahoans love their green space. The state is almost entirely greenspace. Idahoans don’t love eminent domain. The bills author said this of eminent domain: “eminent domain gives cities too much power.” Texas looks to also stop cities from using eminent domain for trails and green space.
Posted in2015 legislation, land use, legislation trend, private property rights
A Wichita Falls jury validated property owners’ right to collect reasonable damages when electric power lines lower the value of their land. It boils down to a question of the value of the remainder of the land after every one agrees eminent domain is proper. The electric provider offered the landowner $140,000 for an easement 1.7 miles long, that bisects the landowner’s property. The jury sided with the landowner appraiser who said the value is $393,165. Colorado & Texas are both proposing bills that would prohibit eminent domain for open space land. Woody Guthrie wasn’t being literal when he wrote, “This land is my land, this land is your land.” In Colorado, the bill would prohibit a county from acquiring land for open space via eminent domain. It stems from mining property that a county acquired with eminent domain after some permitting issues. The acquisition of the land was at 4 times appraised value. The odds of fair come…UPDATE: Panhandle Landowners Sue State Over Putting Them in a Water District (The System Works)
Land Use: 84R Bill Would Empower TXDOT to Trim Trees Near Billboards
Impact of Pipelines & Power Lines to Ranch Lands
Lege Trend: No Eminent Domain for CO2 Pipes
Bill Filing: Inverse Condemnation Law Suits Meet Fracking Bans
Lege Trend Arrives to TX: Blocking Cities Use of Eminent Domain
Property Value Decrease from Transmission Lines? Jury Says YES!
Eminent Domain for Open Space? Not so fast Woody Guthrie.
Eminent Domain & Stadiums Like Oil & Vinegar.