Property Rights Reform Brewing in Wisconsin after US Supreme Court Ruling.

Wisconsin legislators are working to bolster the state’s Landowner Bill of Rights by:

  • Grandfathering substandard lots to prevent a Murr v. Wis. like ruking again
  • Prohibit the deemed merger of land
  • Ensure property owners can repair and maintain existing structures
  • Allow property owners to utilize inverse condemnation

The goals of the bill are prevent another Murr situation by ensuring that:

  • people in situations such as the Murrs’ can sell or develop land adjacent to land that they already…

To fight eminent domain nuns build chapel in the middle of the pipeline path. Freedom of religion v. eminent domain.

Nuns gone wild. Nuns in Pennsylvania own a corn field that sits in the path of a pipeline. Nuns oppose the pipeline’s path through their property, and to combat it the nuns built a chapel.

The nuns, the Adorers of the Blood of Christ, believe that the earth is sacred.

Sets up a fight between the 1st amendmnt freedom of religion argument the nuns espouse and the 5th amendment takings provisions that permits eminent domain.The legal grudgematch begins July 17, 2017.

Upworthy | These nuns built…

Legal Trend. Is the Land Owner Bill of Rights Mandatory? In this state, cities say no.

In Georgia, cities are arguing before the Georgia Supreme Court that the 2006 Land Owner Bill of Rights is not mandatory and there is no enforcement mechanism. 

Landowners in Marietta say that the Land Owners Bill of Rights is mandatory.

Background of the eminent domain dispute:

  • City offers $85,000 to build a park.
  • Court awards $225,000 for the only black grocery store in a historically black district. 
  • Court said the city violated the Land Owner Bill of Rights by not acting transparently…

Lege Trend. What happens when counties have input into infrastructure projects that use eminent domain?

In Missouri, the Missouri Supreme Court upheld an appellate ruling that effectively stopped a transmission line plan.

How could the court do this?  In Missouri to build a transmission line, the state agency must have input from the counties. Why? Because state law says counties must determine whether a proposed project meets engineering & safety guidelines.

6 of the 8 counties said no to the transmission project. The project backers had asked the MO Supreme Court to not require the county…

US Supreme Court Authors 2017 Kelo Say Property Rights Supporters. 3 Key Points about Murr v. Wisconsin

The U.S. Supreme Court sided with Wisconsin in a property rights case last week. Property irghts activists are hanging their hats on the liberal majority in this opinion.

Murr’s property right sissue isn’t as clear cut as Kelo’s- should the house be taken. Murr owned multiple parcels of land and wanted to sell one parcel to build a cabin.

Standing in the way of the Murr’s cabin dream is a Wisconsin law that barred the sale because conservation rules treat the two lots as a single property…

Legal Trend. Private Property Rights vs. First Amendment to Murals vs. City Ordinances

City: Atlanta

Ordinance: 1982 Ordinance required:

  • registration of public art
  • approvals by multiple layers of city government  for public art
  • defined public art as  any artwork “able to be viewed from a public way.”

Court: City agreed to stop enforcement of a 1982 ordinance and pay $500 in restitution to the property owner and the mural artist. Attorney fees and costs are still being negotiated.

Atlanta Daily Report | City Agrees to Halt Enforcement of Ordinance That Threatened Artwork

Legal TREND. Hurricane destructions leads to Eminent Domain. Homeowners head to Court Against Beach Rebuilding.

After Hurricane Sandy, New Jersey Governor Chris Christie signed an executive order permitting eminent domain to rebuild New Jersey’s lost shore line.

The New Jersey Department of Environmental Protection bought easements with the backing of eminent domain to rebuild the shore.

Who is suing the State of New Jersey?

  • Property owners claiming that the state did not good faith to negotiate fair value prices for their homes
  • Several towns also sued the state, claiming existing bulkheads and rock…

Pre-condemnation Access. Court Rules to Limit. State Moves to Change Laws to Mirror Ruling.

California Supreme Court limits the right to precondemantion access in that:

  • any claims arising thereof require can trigger a jury for compensation determinations &
  • that precondemnation access and inspection can, in and of itself, be a taking that is compendsable

 

To make the California Supreme Court ruling align with California Statutes, the California Law Revision Commission is recommending changes to the request code sections that will clarify the jury requirement for compensation.

Why…