Welcome to the Future!
Whats happening? Landowners whose property became a location for a FERC permitted pipeline that allowed for a quick take without compensation since the property was taken 2 years ago.
What does this denial of cert. mean?
The 8th Circuit ruled that limits on yard signage cannot prevent 2 signs, if it permits 1 flag and 1 sign.
Arguments FOR ride share laws being the unlawful taking of taxi licenses without just compensation:
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…
What do I need to know: The US Supreme Court is considering a case concerning a Pennsylvania pipeline built by Transcontinental Gas Pipe Line Company (Transco) and landowners Gary and Michelle Erb
Why is this like Kelo? Its another case brought by the Institute for Justice on behalf of a landowner
Where: Oregon Supreme Court
What: Extended “privacy interests” to garbage left out for collection, for both the bins on the curb & their contents after being hauled away
How did we get here? The police in the case, asked the private company that operated the waste collection service to separate a property’s trash. This amounted to an illegal search by a private comapny acting as an agent for law enforcement.
Didn’t the US Supreme Court say trash was not private? yes, but it allows states to…
What is an airspace easement? an easement taken by an airport
What did this use of eminent domain give the airport? Access to the land beneath the airspace to trim trees
What legtislative issue emerged in the legal fight? The statute that provides for the Department of Transportation to take land for an airport but does not provide for the taking of land for an aviation easement (the easement for the air space above the land)
A federal court has ruled that chalk marks on a car’s tires to denote how long a car has been parked in one space amounts to an illegal serach and seizure.
USA TODAY | Chalking tires to enforce parking rules is unconstitutional, court says
Newly filed lawsuit: Tony Buzbee vs. Sylvester Turner and Clear Channel Outdoor
Why? billboards concerning AlertHouston feature Mayor Turner
Why the campaign contribution argument? According to the attorney, Clear Channel needs the mayor’s help to amend a billboard ordinance. That led to a conspiracy for billboards across the city with Turner’s picture.
Want to read more? The suit was filed April 17 in Harris County District Court, case No. 2019-27094.
LBB 227 (2019 | NE) amends Nebraska’s Right to Farm provisions to fend of nuisance lawsuits brought against farmers.
But, there’s a hitch: there’s a hesitancy to grant immunity from liability to farmers…in Nebraska. What else does one do in Nebraska?
Is there a constitutional issue? Yes, closing the doors to courthouses for nuisances is likely unconstitutional accorind got law professors in Nebraska
Omaha World Herald | Proposed expansion of Nebraska’s Right to Farm Act runs into…
Where: California
The public purpose: CalTrans construction of the I-710 freeway
The property taken: residences
What is the repurchase price? The 1963 eminent domain acquired price range from the mid-$20,000’s to mid-$30,000’s.
How under market value is this? roughly $970,000 under market value