The Uniform Law Commission is working on a new uniform code pertaining to drone use that permits property owners to file suit when an unauthorized drone flies over their property.
A draft of the proposed uniform code was released this week.
Category Archives: legal trend
Lege TREND. Property Rights to Edible Front Gardens.
Florida’s SB 82 (2019 | FL) would prohibit local governments from banning front yard edible gardens.
“Freedom is at stake,” Bradley, the Senate budget chair said.
Why does this matter? Miami Shores that banned vegtable gardens. Its now in the courts.
Tampa Bay Times | Right to grow front-yard veggies gets green light for Senate floor
Legal TREND. Asset Forfeiture + U.S. Supreme Court Win.
On Wednesday, the US Supreme Court applied the 8th Amendment’s ban on “excessive fines” to states and local agencies.
Bonjour! to all state bills on asset forefeiture limitations you’ve found your newest ally.
Legal TREND. Railroads and Eminent Domain in Texas.
Which side is singing praises of a court order? Opponents to high speed rail
What is the court order? A district court order states that two companies, concerning high speed rail, “are not a railroad or interurban electric company.” The order applies to 3 counties.
Why does this matter? The power to condemn property with eminent domain is derived from the status as a railroad.
Why does the power of eminent domain matter? In addition to land aquisition, it also allows the company onto land to…
3 Points to Know. Eminent Domain v. Freedom of Religion
What is the Catholic Church on the Texas border, which will have a chapel in the border wall enforcement zone, saying about the use of eminent domains in its legal briefs?
- Tantamount to requiring the church to participate in the building of a wall
- the wall is fundamentally inconsistent with Catholic ideology
- Places an unjust burden on the freedom of religion
The Georgetown Voice | Georgetown Law Backs Catholic Diocese In Border Wall Proceedings
Legal TREND. A new Kelo? Introduce yourself, Knick…
Knick v. Township of Scott, Penn. argued before the US Supremes this week is eminent domain and tort reform all in one.
The question is- do property owners have to exhaust all state courts for remedies before they being a case in federal court.
If the answer by the Supremes is No, then say adieu to Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City. This is the case you hear about in evry legislative debate about eminent domain.
Why would Williamson County be…
Lege TREND. Quick Takes. Eminent Domain Just Compensation ACT.
Justin Amash (R-MI) filed the Eminent Domain Just Compensation ACT to prevent federal taking of land before final fair market value has been finalized.
So what would this impact?
- potentially the amount of compensation for fair value determinations
- when the land can be taken by the government
- currently the land can be taken before a final determination of compensation
- this bill requires a final determinationof compensation before the government can take possession (and presumably use) of…
Legal TREND. Reality Check. Eminent Domain and the Border.
The 5th Amendment to the US Constitution trumps any emergency declaration.
For the math nerds: Private Property Protection > Emergency Declrations.
“Similarly, lawyers should be screaming, “The United States government does not have the capability of taking private lands on this scale because of limitations imposed by the Fifth Amendment.”’
Above the Law | Can All Lawyers Just Admit The Wall Will Never Be Built Because Of The Fifth Amendment?
LOCAL Trend. 4 years. 75% reduction in vacant buildings. 3 Steps.
In under 4 years, St. Petersburg Florida reduced the number of vacant homes by 75%.
How did St. Petersburg achieve this?
- Used courts to foreclose properties for unpaid taxes
- Targets proeprties owned by absentee landlords
- Then the city sells the property to:
- nonprofit affordable housing developers for $4,000 or
- sells the foreclosed properties at auction
Eminent Domain. Church Land. Texas Court Case. Pre-condemnation Access.
The land at issue: On the border with Mexico is owned by the Catholic Church
Where are we in the process? The Bishop denied access to the land for surveying.
The court case: federal district court in McAllen. The church is currently receiving legal assistance from Georgetown University Law School.
The issue: Does the church’s religious convictions trump any taking for a public purpose.
KVEO | Major Law School Helps Church Caufht in Border Wall’s Path