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A judge in the District of Columbia ordered more environmental review of the Dakota Pipeline, including the impact a spill would have on hunting and fishing rights.
The specific hunting and fishing rights relate to rights reserved by the Standinf Rock Souix tribe on Lake Oahe.
A court in the 10th Circuit has found that if a Native American Tribe has any interest in land, that land cannot be taken by eminent domain for any project, including a utility.
Public Serv. Co. of N.M. v. Barboan, 2017 U.S. App. LEXIS 9204 (10th Cir. 2017).
Harvard University | Property Law Developments | States may not take tribal land by eminent domain
The Big Question: Can a home owner association retroactively restrict the ability of a property owner to lease their property?
The majority of states and courts say yes, retrocative property rights restrictions on short term rentals are ok.
Harvard University | Retroactive restraints on leasing in homeowners associations
South Dakota Governor called a special session to “create a set of rules for outdoor enthusiasts who want to use lakes on private land in South Dakota for recreation”
The special session is in direct response to a State Supreme Court ruling that denied access to lakes from private property.
Refreshing our recollection from march 22, 2017 informed:intel Legal Trend: Are all Waterways Open to the Public? No, not up north.
The legal activists: Texas Civil Rights Project
The Texas Civil Rights Project goal is to:
The target land owner: Border land owners
State: Nebraska
The legislative study: • Does granting eminent domain authority to for-profit entities meet the constitutional requirement of a public use?
The legislation: Nebraksa State Senator Justin Wayne LR243 (2017)
York News Time | Resolution would stipulate hearings on eminent domain issues
What local government wanted to use eminent domain? Garden City Utah wanted to take land from 11 property owners to create a public access point to a lake
The city agreed to drop eminent domain proceedings in exchange for? The subdivision agreed to create a public walkway to provide lake access
What 3 goals were accomplished with the deal?
Background for article: A land owner who was offered less than $50,000 for mile-long swath of pasture and oak trees that abuts the family cemetery, and a commissioners court awarded more than $600,000.
How the article sets up land owners v. energy:
The legal fight: Texas Central Rail and Grimes County
The court: 506th District Court in Texas
The judge’s words: The defendants (Texas Central Partners) and their agents are permanently enjoined from performing surveys or other studies which damage, alter or impair county maintained rights of way,”
What Grimes County says it does: prevents Texas Central Rail from exercising precondemantion surveys & Texas Central Rail does not have eminent domain authority
What Texas Central Rail says it…