Category Archives: land use

Natural Resources. Private Condemnation. How to Condemn Minerals & Water

Why do mountain states allow for private condemnation for natural resources? to encourage natural resource development

How is the private condemnation used in arid regions?

  • condemnation was used to allow water to be carried distances over land held by others to irrigate potentially fertile farmland
  • condemnation prevents a single landowner who controls access to a water source or mineral deposit could block development or hold the resources hostage by demanding a significant payout for…

Lege TREND. Writing Law to Make Open Space Eminent Domain HARDER. Protect the Parks. Protect the Greenspace. Protect the Skunks.

State: Pennsylvania 

Legislation: HB 2468 (2018 | PA)

How does HB 2468 (2018 | PA) make it harder to use eminent domain on open space?

  • requires any government agency to obtain Orphans’ Court approval
  • PRIOR TO using eminent domain to take permanently preserved land
  • CONVINCE the court that  there are no alternatives for the project

Author’s Press Release on HB 2568 (2018 | PA) 

Main Line Times | Kampf proposes law to make use of eminent domain on open space land more difficult

Local Preemption Bills 2018. TREND SPOTTING.

Compensation for Laws & Regulations That Reduce Property Value. Anatomy of a Constitutional Amendment:

Colorado Farm Bureau is proposing Initiative 108 that will amend the Colorado Constitution to:

  • “ensure property owners are properly compensated if new laws or regulations negatively impact the value of their property”

What is the catalyst? tightening of setbacks on oil and gas development from fracking proliferation

How does the tightening of oil and gas setbacks impact farmers?  Setbacks essentially eliminate oil and natural gas development & farmers rely on royalty checks

Journal Advocate…

Local TREND. Revising Nuisance Ordinance for a Reason that is not short term rentals.

Ordinance Proposal will define a nuisance as:  ” “any condition or use of property which unreasonably interferes with health, safety, peace, comfort or convenience of the general community and is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such property is located.”

Fine:  fine of up to $1,000 or remedy within 10 days

City: Raymond NH

Opponents say: This is not live free or die. If…

3 Reasons to Allow Short Term Rentals from the Right.

Texas Public Policy Foundation sets forth these reasons to support short term rental industry:

  • People should have a right to rent out their homes
  • Don’t add regulations for short term rentals, reduce regulations for hotels/motels to level the playing field
  • “an intrusion by the government into the lives of everyday” people

TPPF in the New York Daily News | PEOPLE SHOULD HAVE A RIGHT TO RENT OUT THEIR HOMES SHORT-TERM: DEFENDING AIRBNB IS ABOUT PROTECTING BASIC FREEDOM

Local TREND. Property Rights. Noise and Light Ordinances. Wind Turbines. 6 Requirements.

An editorial in DeKalb County Illinois is calling for local restrictions on a new wind farm that would address:

  • light pollution
  • minimize the disruption of blinking red lights
  • minimal or eliminated shadow flicker from the blades blocking sunlight
  • consistent setback requirements

What should be required of the wind energy companies:

  • pay the cost to improve roads
  • guarantee property values

Who should be protected by the ordinance(s) according to the DeKalb editorial:

  • land owners 
  • rural…

City Council Protects Farm Land from Eminent Domain by Designation. What you Need to Know:

Where: Farmington, Utah

How did the city council in Farmington Utah protect a 6th generation farm? By designating the farm an Agricultural Protection Area

What protections does an Agricultural Protection Area offer? 

  • Protection from zoning changes for 20 years
  • fortifies protections against eminent domain, but doesn’t 100% insulate the famr from eminent domain
  • safeguards the property against nuisance lawsuits related to farm noises and smells

can the designation be renewed?  Yes. 

Why is…

Local TREND. 3 Types of Ordinances on Drone Regulations & 3 Local Policy Concerns

3 Ways Colorado cities are proposing to regulate drones:

  • Allow residents to shoot down drones (ordinance failed to pass in Deer Trail, CO)
  •  Limit the methods of piloting a drone beyond that which the FAA has already designated (Newton, CO)
  • Greenwood. CO is using existing ordinances prohibit photographs, nuisances & harassment

The local governments raise the following policy reasons:

  • protect the quality of life of residents
  • protect privacy
  • limit recording of concerts and events by drone

 

…

Private Property Rights. Navigable Waters. Defeat of a Bill for Public Access to Navigable Waters. Read the Bill for Fishermen.

State: Louisiana

The legislation to open navigable waters to anglers: HB 391 (LA | 2018)  to ” restore anglers’ rights to access public waters”

The opposition to opening navigable waters to anglers:

  • wealthy private land owners
  • energy companies

Supporters of opening navigable waters to anglers:

  • Louisiana B.A.S.S. Nation
  • Louisiana Sportsmen’s Coalition

The Louisiana House vote: 37-59

KALB| Powerful Opposition’ kills public access reform in Louisiana