Welcome to the Future!
Local government: In 2012, Scott Township, in eastern Pennsylvania, required land owners to provide public access to grave sites, if the township determined there may be a gravesite
How precondemnation access came into play: Officials toured the property, identified some loose stones that may mark a gravesite, and required public access.
What happens under this ordinance if property owners do not grant access to grave sites? Fines.
Why does this matter? The US Supreme Court hears the case of…
What question is being answered: whether Chapter 75, Title 4 of the Civil Practice and Remedies Code appl[ies] to private property owners on whose property agro-tourism related private aircraft lands.
What is the answer: Yes, if:
The American Conservative’s “Why the Public Must Revolt Over Eminent Domain” calls for a public revolt because:
What triggered this? Boise…
WHO: The libertarian Niskanen Center
WHAT: Libertarians, supporting landowners over a FERC permitted pipeline in a dispute over pre-condemnation access, offer these 2 reasons for siding with Landowners over economics:
Michigan Legislature is considering HB4070 (2017-2018 | MI) which addresses land owner compensation in 3 ways:
California Legislature passed AB 987 (2018 | CA) that streamlines building a new stadium for the Clippers & construction by the Oakland A’s by:
Why should I be paying attention? The US Supreme Court will take up Knick v. Township of Scott, Pennsylvania
The issue: Pennsylvania wants to protect its right to handle land use fights in state courts
What states are supporting PA? UT, CA, MA, IN
Washington Examiner | States battling to keep their land use disputes away from federal courts
The Court: US Court of Appeals for the Eleventh Circuit
The property right claimed by the Taxi industry: Ride Share Regulations amount to a taking of taxi property
The Court: the taxi industry has no right in blocking competition
Reason | Yet Another Federal Court Rejects Claims that Exposing Taxis to Competition from Uber and Lyft is a Taking
The California Public Utility Commission denied a rate increase for San Diego Gas & Electric Co.’s request to bill ratepayers for a 2007 fire.
How much did San Diego want to pass on to customers? $379 million in costs
Why was the rate increase denied? A court found SDG&E didn’t properly trim trees near transmission lines
What’s the bargain in California when eminent domain is granted? In exchange for the power of eminnt domain, CA utilities are responsible for paying damages if their…
The distance requirement at issue: Prohibiting sex offenders from living within 1000 feet from a school
What did the Georgia Supreme Court say? If a child care center opens near a registered sex offenders residence, yes it is a taking.
Mann v. Georgia Department of Corrections,653 S.E.2d 740 (Ga. 2007)