Welcome to the Future!
First comes private property rights lawsuits, then comes legislative reponse.
Which local government? Indio, California
What did Indio, California do exactly? A lawfirm became the city’s official prosecutor for code enforcement cases. The lawfirm’s pitch was that it wouldn’t cost the city a dime.
What’s the private property rights angle? The lawfirm’s deal with the city allows the lawfirm to bill a property owner its full legal fees in a prosecution which creates a personal financial stake…
Attorney fee standards in eminent domain statutes are either:
* Courts may find “Actually incurred” means invoiced and not actually paid.
The Nebraska Supreme Court in Transcanada was analyzing a “actually incurred” standard when it determined there was insufficent supporting evidence concerning the attorney fees.
TransCanada Keystone Pipeline, LP v. Nicholas Family Ltd. P’ship, No. S-17-116 (Mar. 9, 2018) via Ne…
The U.S. Supreme Court has agreed to hear Knick v. Township of Scott which could overturn its ruling Williamson County Regional Planning Commission v. Hamilton Bank.
Why does this matter to state legislatures? As ABBA sings—-m oney, money, money. Compensation standards and awards differ.
Besides money, why should state and local officials care? Because vocal private property rights activists also want Williamson County overturned.
State: Ohio
Eminent Domain Use to take: 0.338 acres of land for an overpass and bridge by the Ohio Turnpike and Infrastructure Commission
The Ohio Turnpike and Infrastructure Commission sues and the initial eminent domain award: $11,865, the last settlement offer
The landowners appealed the initial eminent domain award to a jury that awarded: $1.1 Million in damagfes reflecting the land owner’s appraiser’s appraisal
Cleveland Scene | Jury Awards Lorain Family $1 Million in Damages in Ohio…
What’s happening? Refreshing our recollection- a billionaire beach front property owner near San Francisco is now required by law and state court rulings to open his private beach to surfers.
What are these surfers facing with the US Supreme Court? If the Court takes the case, the issue will be whether government can command that parties open their private property to the public without compensation.
SF Gate | Martins Beach billionaire owner takes fight over public access to US Supreme Court
What’s the background?
What are the property rights claims in the appeal to the 3rd Court of Appeals?
As…
Lawsuits in California allege that homes built before 1981 containing lead paint are a public nuisance.
A public nuisance in California can be remedied by taking the property by eminent domain.
A public nuisance can also be remedied by criminal charges against the property owner, foreclosure, special taxes to resolve the nuisance, orders to vacate or demolish, loss of tax deductions, mandatory disclosure on real estate transactions, and a listin gin a public data base.
Legislative…
A Louisiana Court ruled that Public Records Laws Not Applicable To Private Pipeline Company.
Arguments for Open Records: If the entity performs a governmental role, like taking property, it should be subject to open records
The Court’s response— there is no basis for applying open records requirements in this matter.
Red River Radio | Judge Rules Public Records Laws Not Applicable To Private Pipeline Company
Hawaii Supreme Court has found a private property right in clean air.
What language did the Hawaii Supreme Court rely on to get here?
If a private entity takes on a state function like eminent domain then…Activists in Lousiana, who are suing over the Bayou Bridge, want the energy companies that use eminent domain to be subject to the same rules the state is subject to, like open records laws.
Is a pipeline a public use? According to the activists/landowners a hospital is a public good, while a pipeline is described as: